VCS PCN Claimform - No Stopping - Southend Airport

[Jason MS]

Ah I see, no worries.

[dx100uk]

there have been 3 threads this week with the wording in them already.

 

its not a template you need to ensure it covers your situation

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=VCS no stopping airport&oq=VCS no stopping airport&gs_l=partner-generic.3...72498.79247.0.79485.23.23.0.0.0.0.152.1963.19j4.23.0.gsnos%2Cn%3D13...0.6792j2492702j24...1.34.partner-generic..23.0.0.iyQIwZYa8Mg

[Jason MS]

Yeah, I found one that does. Just have to reword it slightly.

[brassnecked]

just post it up so we can give it the once over, doesn't have to be polite, at all Simple Simon needs a good verbal  tolchocking for sure.

[dx100uk]

and also make sure you understand what you are saying and why.

a copy and paste response if not understood why you are sending it, can be very damaging, should it later be questioned in court.

 

 

[Jason MS]

I found this response by Ericsbrother: 

 

"Unfortunately for you I wasn’t born yesterday so I won’t be paying the demand to you, as you know what I know and that there is no liability in this matter because the land is covered by its own byelaws, The signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160 is just a nonsense.

 

As VCS has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey Civil Procedure as well. I know that may well be a first for you but call it your new year's resolution.

 

Should you decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016.

 

Even Will and John, the parking worlds’ worst solicitors seem to have got fed up with Simple Simon's stupidity and greed and presumably that is why you are wasting your ink on his behalf."

 

I think it covers my case pretty well. Do you think there is anything I should add? 

 

[dx100uk]

That was to bw legal

so removed the extra

you are writing directly to simple

[Jason MS]

Ah okay yeah, so I'll just remove the last sentence and then it's good to send off?

[Jason MS]

I got a claim form from "Money Claims Online". 

Is it an official court document or should I ignore it?

[honeybee13]

It sounds official. Please let us have the information requested in the forum sticky so we can advise you further.

 

 

HB

[dx100uk]

urm its says northants bulk clearing court large brown a4 windowed envelope.

they are not fake.

 

dx

 

[Jason MS]

Name of the Claimant ? VCS/Simon Renshaw-Smith

claimants Solicitors: 

 

Date of issue – 20 Feb 2020 

 

What is the claim for –

 

1.The claim is for breach of contract for breaching the terms and conditions set on private land.

 

2.The defendants vehicle reg xxxxx was identified in Southend Airport on the 12/10/2019 in breach of the advertised terms and conditions; namely stopping in a zone where stopping is prohibited. 

What is the value of the claim?  £185

 

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 ? The claim was issued by a private parking company 

 

I've read another thread which is ahead of mine slightly in the process, I've done an AOS on the MCOL site.

 

Now I need to send off a CPR 31.14 request and submit a defence, right?

[FTMDave]

Spot on!

 

The defence isn't need straight away though.

[ericsbrother]

the defence for all airports and harbours will be the same

lack of authority to make a claim as byelaws apply.

  not "relevant land" POFA doesnt apply so no keeper liability can be created.

signage is prohibitive   so not a genuine offer of a parking contract ( dotn forget, you have to stop to be able to read and consider the offer on the sign!)

claim is vex as parking co know that their claim is an unlawful penalty as they have lost them all before at JLA for same reason

 

 

[Jason MS]

Thanks for that info ericsbrother.

I've got the CPR 31.14 request template ready. Can someone check it over and make sure it is ok to send off please?

 

My Address

My Address

My Address

My Address

 

Vehicle Control Services Limited

2 Europa Court

Sheffield Business Park

Sheffield

S9 1XE

 

 

 

(template removed - dx)

 

[FTMDave]

Are you sure it is Simple Simon suing you?  It's much more likely to be VCS.

[Jason MS]

On the claim form it's got VCS as the claimant on the top left, but at the bottom it's signed by simple and says claimant in brackets, so i wasn't sure.

But yeah i think it is VCS

[dx100uk]

53 minutes ago, Jason MS said:

Thanks for that info ericsbrother.

I've got the CPR 31.14 request template ready. Can someone check it over and make sure it is ok to send off please?

 

My Address

My Address

My Address

My Address

 

Vehicle Control Services Limited

2 Europa Court

Sheffield Business Park

Sheffield

S9 1XE

 

 

 

( template removed - dx)

 

 

 

and what does it say in red at the top...……….

[Jason MS]

Oh, sorry. 

Is it ok to send?

 

[dx100uk]

why do you keep posting up a copy of our template?

 

all you need to do is add address details to/from and the claim number.

the rest is left alone

so I don't know why you think we need to approve you sending it...….

[Jason MS]

I just wanted someone to check over the template to make sure I hadn't made any mistakes in who i was sending to. Is that OK? 

Turns out I had made a mistake as FTMDave pointed, so that's why I wanted someone to check it.

[honeybee13]

Jason, I've edited your post to keep it relevant to the matter in hand.

 

HB

[Jason MS]

Hey, so i'm submitting the defence.

I've got two points:

 

1) The land is covered by its own byelaws so not "relevant land" under the POFA and that the byelaws create a supremacy of contract over VCS signage so no liability created,

 

2) The signage is prohibitive in nature and not a genuine offer of  a contract for consideration.

 

Should I mention my reason for stopping briefly outside the arrival terminal was to assist my disabled father?

 

Thanks

[brassnecked]

omit the supremacy of contract, and replace with VCS has no Locus Standi, (basically no legal right ) to claim a prohibited act is a parking Event.  Just  hang fire until a couple more of the regulars have had a peek at it.

[Jason MS]

Okay thank you, will do.