VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed***

[lookinforinfo]

I have just read their LBA which made me laugh. As if VCS have any principles at all. Certainly not when the word in this case should be principal.

[ericsbrother]

"Dear Simple simon" as Simon Renshaw Smith owns the company

 

drop the reference to your lawyer. if you had one he would be writing this letter

dont ask for an explanation,  it only repeats what you say 2 lines later anyway

[Tom Price]

Short & Sweet.. thanks for the feedback.. I really wanted to cane them with all sorts of abuse.. but I am not going to feed them ammunition.. I wanted to start it.. "Dear Bunch Of ….

 

Your Reference: VCS

To Whom It May Concern:

 

Dear Legal 'Experts', your photographic 'evidence' shows my vehicle is clearly moving so not stopped, parked or stationery in any form. 

I am fully aware of “THE LONDON SOUTHEND AIRPORT BYELAWS 1997”.

If you really think there is a case to answer to please go ahead and waste your money, but I expect you to pay my costs within the time ordered unlike your other lost claims.

 

 

[ericsbrother]

"stationary"

a for automobiles e for envelopes

[Tom Price]

Nice spot.. cheers

 

[FTMDave]

A bit silly, but if you want, as per EB's post, change "Dear Legal 'Experts'" to "Dear Simple Simon" which should make them realise (from past experience) who they are up against and wet themselves!

 

Or if you prefer "Dear Legal 'Experts'" maybe "FAO Simple Simon and associated thickos".

 

See what this forum offers?  A range of abusive possibilities to aim at the fleecers , and a stop putting to their demands for money you don't owe.

[brassnecked]

Plenty of examples here, but the main purpose as stated by using an abusive letter is that it does show that you have sussed their game, and have tried to avoid court, if Simple Simon tried to use that in court to bolster his case a judge would look far more closely at their RobOclaim rubbish POC, and it might end their game for them if a record of that letter gets into the court system.

[Tom Price]

Decide to keep it simple & to the point.. let them think about it... and how their game is sussed as Brass put it..

 

Dear Simple Simon and associated Legal experts,

I am fully aware of “THE LONDON SOUTHEND AIRPORT BYELAWS” 1997.

If you really think there is a case to answer to please go ahead and waste your money, but I expect you to pay my costs within the time ordered unlike your other lost claims.

[honeybee13]

See what the experts say, but I think that makes your point.   If you go into too much detail you could give something away and end up in letter ping pong, which is never a good idea.

 

HB

[brassnecked]

Looks good to me, maybe EB gives it a look, before sending.

[Tom Price]

Sent.. lets hope they get the message.. 

Edited December 21, 2019 by Tom Price

[Tom Price]

Just an update.. Deadline to pay was 4th of January. Not had any letters come through. Still a chance they are mulling it over... 

 

Rgds Tom

[brassnecked]

If Simple Simon is daft enough to issue a Claimform, he has "Form" for being spanked in court and there are several on CAG where he has lost that can be used against him, not least the fact that as isn't a Parking event, so no Contract can be formed

[Tom Price]

Hi all, Received a Claim Form today.. [See Attached] The form looks like the same Font etc that VCS Parking use. Reminds me of a Kangaroo Court.. Are we sure it's official or it is run by Renshaw-Smith?

 

I don't see how anyone would get a fair hearing form an On-Line court. Seems like its just a formality..................

 

Be good to get some advice on how I proceed with this.. smells like a Rat!

 

Rgds Tom

 

[FTMDave]

This is a proper county court claim form which you need to defend.

 

Don't worry, if you get organised Simple Simon will either (a) run away or (b) get a total thrashing in court from you & the judge. 

[Tom Price]

Thanks Dave. Perhaps someone has a good defence text I can use as an example.. I should submit a counter claim for putting up with all the BS...

[dx100uk]

no you never counter claim

 

I've removed the claimform we don't need to see that

 

please complete this:

 

 

[brassnecked]

Obviously Simple Simon fancies another tolchocking in court, mustn't be long now that the Airport claims are seen as vexatious the number he has lost due to Bye Laws trumping any right to call stopping in a prohibited area or at a pedestrian crossing   a Parking Event and issue a claim.  lack of Locus standi plenty of stuff on here regarding them.

[Tom Price]

I had planned to log the defence on-line... and get some hints so my defence is strong..

Name of the Claimant ? Vehicle Control Services - Simon Renshaw-Smith

Claimants Solicitors: Not Stated, but had previous Letters from Jake Burgess in their Litigation Department

Date of issue –  10th February 2020

 

What is the claim for – 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land- The Defendant's vehicle, xXXx was identified in the Southend Airport on the 16/08/2019 in breach of the advertised terms and conditions; namely stopping in a zone where stopping is prohibited.

 

2.At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.

 

4.The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will bs issued, and the Defendant has failed to settle the outstanding liability.

 

5.The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the value of the claim?£185.00

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Private Parking Company - VCS

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

PS.. I have attached all of the documents etc in different posts as I received them..

 

Thanks

Tom

[dx100uk]

there is no need to file a strong defence and that's not due till day 33

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count].....

 

…………..

 

there are numerous VCS no stopping claimform threads here

get reading up.

use the custom google search box that comes up after hitting our top squares logo, for:

 

VCS no stopping claimform

 

you'll soon get the idea.

 

dx

 

 

 

 

 

 

[Tom Price]

Thanks DX.. quick question if I may.. do is send the CPR 31:14 to them by mail or can i attach it on the defence on the MCOL site?

[brassnecked]

send it by Post with a free proof of posting from Post Office, no need to use Recorded etc, First Class will do.

[dx100uk]

woe get reading up

you do not file a defence yet.

 

 

[Tom Price]

Roger that.. so i send a CPR 31:14 to VCS now..

 

Roger that.. I get it now.. thanks for your help..

[ericsbrother]

and you WRITE to them, you NEVER use email to a parking co.

 

Acknowledge the service of the N1 claim form online and then you buy yourself an extra fortnight to compose your outline defence.

It will be quite simple at this stage.

 

1 No cause for action against the defendant is the keeper of the vehicle and VCS have failed to show who was driving at the time and cannot create a keeper liability as they ahve failed to follow the protocols of the POFA

 

2 no contract can exist between VCS and the defendant as the land is governed by its own byelaws and these have supremacy of VCS management arrangements and that also menas no keeper liability can ever exist.

 

3 no breach can have  occurred as the vehicle was not stationary at the time so the claim is vex

 

4 in any case the signage is prohibitive in nature and not a genuine offer of terms for parking for the motorist to consider