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

[Tom Price]

thanks for the info.. Acknowledged the Service & sent the CPR31:14. Can't wait for the next chapter

 

[dx100uk]

nearerthe time

post your proposed defence up

 

but it will be the 2-3 line one in just about any PCN claimform threads already here.

 

dx

 

 

 

[Tom Price]

Hi all, as expected, no documents have come back.. its getting close to the time to file my defence. I have had a look around the site but am not sure what I should use..

 

Any ideas will be greatly appreciated..

 

 

[dx100uk]

just about any no stopping pcn claimform thread has the 3-5 line defence.

 

use our custom google search box

 

dx

 

 

dx

 

[Tom Price]

Hi all, it must be me!.. I cant seem to find any Defence related forms. I'm not lazy... I have looked & searched but not 100% sure what I am looking for. Anyone help with a good Southend Airport Defence please..

 

Thanks for all your support in this matter.. 

 

Regards Tom

[dx100uk]

the very thread below yours on the forum list.

 

 

[Tom Price]

Sorry, cant see it.. can you link it please?

[FTMDave]

Post 55 in DX's linked thread.

[dx100uk]

[ericsbrother]

all you ahve to do is read all of the Southend threadss and you willfind several defence arguments.

No contract, prohibitive signage, no planning consent for signs so you cant enter a criminal compact etc

 

We are happy to help but you must do a lot of legwork yourself because we cant turn uop and hold your hand in court and you need to understand what you are on about when using someone else's words so start doing a bit of research.

It will make you task easier the more time you put in now

 

To quote Marshal Zhukov ( Russian general who beat the Japanese in 1940 and led the Russian army into Berlin) "train hard, fight easy"

[Tom Price]

Appreciate the device.. I have had a good look around and put together a defence that I can talk around..point 3 is the truth as it was really bad weather that night..

 

I would be grateful for some feedback on this Defence please...

 

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 have 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 bye-laws and these have supremacy over VCS management arrangements and that also means no keeper liability can ever exist.

 

3.    Visibility was seriously reduced due to Inclement weather at the time of the stated offence.

 

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

 

5.    The road Is a public highway (as the public have general access) an as such the Road Traffic Enactments apply. These *require* you to be able to stop in an emergency.

 

6.    In finishing, VCS has no Locus Standi to claim a prohibited act is a parking Event.

 

 

Regards Tom

[dx100uk]

3, . more common logic rather than law.

 

5. just because the public has free access does not mean it is a public highway maintained by the purse in whatever manner.

it's a private road on private land, hence the byelaws...maintained by the landowner by whatever arrangement with whom.

signs, road marking etc etc are purely litter on poles and tarmac graffiti not covered by any public laws or RTA.

 

neither are needed.

[Tom Price]

Thanks dx.. defence now submitted.. should I send a copy to the court?

 

[AndyOrch]

If you submitted on line they already have it.

[Tom Price]

Roger.. thanks again.. 

[Tom Price]

Latest Update....

 

Claim Status

DQ sent to you on 12/03/2020.. 

 

FYI - This was my Defence:

 

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 have 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 bye-laws and these have supremacy over VCS management arrangements and that also means no keeper liability can ever exist.

3.    The signage is prohibitive in nature and not a genuine offer of terms for parking for the motorist to consider.

4.    In finishing, VCS has no Locus Standi to claim a prohibited act is a parking Event.

 

[dx100uk]

no to mediation.

 

dx

 

[Tom Price]

yep.. thanks dx.. read up on the forum.. cheers

 

n180

 

no to mediation

1 wit you

the rest is obv

 

3 copies

1 to court

1 to vcs minus phone/sig/email

1 for you file.

 

[dx100uk]

[Tom Price]

Hi all, I have a question re the N180 form and how i should answer C Track C1 Question. I was going to write "See Defence Statement". Not sure if that's acceptable. I have searched for hints but come up blank on this one. 

 

Rgds Tom

 

 

[AndyOrch]

Tick yes.

[Tom Price]

Cheers Guys.. I ticket it Yes before I ssw ericsbrither's comment... It still should go through as a Small Claim as you said.... I'll let you all know the next move when it happens,

 

Regards Tom

 

[Tom Price]

Hi all,  hope you are all keeping safe... latest update.. Just received a "Notice of Transfer of Proceedings"

 

Regards Tom

 

[Tom Price]

Folks,

 

Been a while since my last letter from the Courts.. got one today.

 

Notice of Allocation ti the Small Claims Track (Hearing).

 

I have a Remote Hearing on February 26th, 2021.. For some reason I really thought that the Judge may have thrown it out...

 

It says Parties are encouraged to settle the case by Negotiation.. funny that.. VCS will still want a hefty sum to settle I bet.

 

If you need a copy of the letter, i'll post it up.. I assume you have seen plenty so already know what it says.

 

Stay Safe, Regards Tom

Edited July 22, 2020 by Tom Price

[dx100uk]

n157 then..

 

so ws time

what date have you to file

and vcs pay the fee??

dx