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    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
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Tom Price

VCS PCN - London Southend Airport

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Hi All,

 

Hope I am not too late to get some ideas on how to progress.. I have already made 2 Appeals, both rejected unfortunately.

 

Please see attachments: Here is an over view of the story so far:

Doc 1 - Parking Charge Notice [PCN] Received .. Came in out of the Blue..

Doc 2 - Appeal 1 & 2 On-Line Attachment .. Got this from Parking Cowboys.. Formal Challenge Document etc.. 

Doc 3 - Appeal 1 On-Line Text .. not a lot of choice on the drop downs.. the Driver told me this is what happened .. 

Doc 4 - VCS Appeal 1 Response .. Wanting the Drivers name .. Appealed again..

Doc 5 - Appeal 2 On-Line Text .. Beefed the Appeal up.. refused to give drivers name of course.. 

Doc 6 - VCS Appeal 2 Response .. still offering me a discount down to 60 Pound.. but telling me to appeal to IAS

 

Should I Appeal to IAS?.. going by what I have read I would expect it will be Rejected...

 

Looking forward to hearing any Advice..

 

Thanks & Regards

 

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The experts will be on later on today or tomorrow, but in the meantime, look up Southend Airport's bye-laws and have a read of other airport/VCS threads here.

 

You'll soon get the picture.  VCS can't do anything, although they'll send lots of "scary" letters saying you'll end up in court, pay thousands in legal fees, never get credit in your life, finish up hung, drawn & quartered, your kids sold into slavery, etc.  But they're paper tigers.  The airport bye-laws trump their daft "claim".

 

And no, don't appeal to the IAS, they never, ever, ever accept appeals and you could end up throwing away some of your legal protection.

Edited by FTMDave

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks for the response Dave.. I've been reading those... interesting to say the least.. 

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Appealing is the worse thing you can do with a PPC, as you usually remove protections of POFA and dop yourself in it.

 

In the meantime could you give us details of exactly what the contravention was, and where, eg stopped on approach road. As Bye-laws are in place VCS have no right to ask you to pay anything, hoiwever that won't stop them as you can see appealing was a waste of time.  Others will be along soon,if you can post up details and a redacted copy of the NTK both sides, that will help with advice.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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1 Date of the infringement : 16/08/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] : 23/08/2019

 

3 Date received : 27/08/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO

 

5 Is there any photographic evidence of the event? YES - Images From CCTV Footage

 

6 Have you appealed? [Y/N?] post up your appeal] : Yes - Attached

Have you had a response? [Y/N?] post it up : Yes - Attached

 

7 Who is the parking company? : VCS

 

8. Where exactly [carpark name and town] Southend Airport, Essex SS2 6YF

 

docs1.pdf

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Crunch time coming soon on this PCN. 

 

Appeal To IAS by October 19th or pay £60 by 26th October.

 

As I have appealed twice already, I feel like appealing a 3rd time to see what happens..

 

My wife thinks if I don't pay we will have burly men in a white van appearing at the front door to take the TV away.

 

I am not going to pay so I will post the threat letters etc on here as they come in.

 

My friend has also received the same fine for Southend Airport..

he has appealed once but failed.

 

He is waiting to see how mine unfolds.

He has a Business so I really hope these threats of court if not paid are just hot air..

 

Does this forum know if anyone has been taken to Court for a PCN at Southend Airport? 

 

When the inevidable threats start...

is there text available to threaten them back with legal action etc?

 

Thanks In Advance

Tom.

 

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1st NOONE can come to your door and threaten you

stop watching stupid bailiff programmes.

 

a bailiff can ONLY ever be involved

 

IF IF IF:

 

1. they take you to court

 

2. you lose [fat chance on a byelaw covered airport land case

 

3. you fail to pay within 28days..

 

4. they go BACK to court and ASK for court bailiff involvement.

 

THEN....even if that happens.. its a civil debt and no bailiff has ANY right to force entry..you simply ignore them for want of a better word.

 

so..

no you do nothing at all

until/unless you get a letter of claim.

 

next time DONT EVER APPEAL..

 

dx

 


..

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Thanks dx... will wait to see what happens..

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As you were not the driver you are not liable for the extra £60 they are trying to charge you. That only applies to the driver-perhaps, but never the keeper.

 

As the event happened on non relevant land under POFA, even if they were stupid enough to take you to Court and against all the odds they won any charges applied by the Court would go to the State not VCS.

 

So why would VCS go to Court where they have a great chance of losing plus get a possible kicking from the Judge and get absolutely no money from the case and may well have to pay your costs at the very minimum.

 

And if they won, they would get no money.

I know they are dumb but even they are not that dumb.

 

Just relax there are more  than enough motorists out there who do pay to offset people like you who have no intention of paying.

 

Just relax as they know this case is going nowhere though they will keep trying to scare you into paying. 

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Thanks for your comments.. much appreciated.. I can imagine their bully boy tactics work on a lot of people.. really poor that they still get away with this..

 

Regards Tom

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so even the garbage pictures show your vehicle isnt stationary.

 

You may well get a LBA from them and you will need to reply t that but you can also insult them in doing so.

 

They lost a recent case and havent paid the costs order so a line saying that you feel sorry for them being so short fo cash they cant pay their bills but that is no excuse for them demanding money from you when it isnt due and they know this.

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Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..

 

Rgds Tom

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scan or keep everything they have  6yrs.

do not move without informing them.

 

 


..

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they have recently started proceedongs against someone  so keep an eye out for that LBA. Also tag all of the airport parking threads so you know what is going on. They usualy bottle it at the last  stage but that menas you are forced to prepare properly so dont be doing nothing in the manwhile, read things and make notes

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Hi all.. LBC received today.. I love the last page.... the Financial Statement.. As if.. so not quite the LBA, I guess that may be next.. I don't really want to communicate with these people.. any recommendations?

 

Thanks Tom,

VCS_LBC_Part_1_05_12.2019.pdf

 

 

 

 

 

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Hi.

 

AFAIK, a letter before claim and an LBA are the same thing.

 

Please wait for the experts but I certainly wouldn't be sending anything but an ericsbrother style snotty letter.

 

HB


Illegitimi non carborundum

 

 

 

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yes time for an EB snotty/insulting letter

 

dx

 


..

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Something along the lines of Dear Legal 'Experts' your photographic 'evidence' shows my vehicle is clearly moving so not stopped, parked or stationery in any form. Please explain how you think you would win a court claim based on that?

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Thanks for the comments

.. not sure where I go from here..

 

Is it just a letter I send back..

 

happy to send an EB if I can have the link..

 

Do i need to fill in their crappy form?

 

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Homer's suggested response should be just that other then their reference number and maybe the addition of

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

 

this lets them know that you know about their behaviour and chances are once they know that you are wise to them they will go quiet rather than lose some more money.

 

Simple Simon is greedy and stupid so no guarantees though.

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thanks for the response all.. i'll get a letter ready and post a copy of it..any one have some examples I can add to the above suggestions..?

Edited by Tom Price

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Something like this: "Not Sent Yet"...

 

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

Please explain how you think you would win a Court Claim based on that?

Both myself & my Lawyer are 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.

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