VCS PCN spycar capture - claimform - no Stopping in Restricted Zone - Bristol Airport ***Claim Dismissed***

[m1n1me]

Good afternoon

- I've received a parking charge notice from VCS

- grateful for any advice

 

- do I ignore/appeal?

Can VCS enforce the restricted zone in this way, covered under bylaws (I think)?

 

Driver didn't notice signage, vehicle wasn't actually stopped by double red lines (as pictured)

 

1 Date of the infringement 25/11/19

2 Date on the NTK 29/11/19

3 Date received 4/12/19

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? No

7 Who is the parking company? Vehicle Control Services (VCS)

8. Where exactly Bristol Airport - on "privately operated access roads", just outside car park barrier, not car park itself - stopped for 5 seconds to pick someone up, didn't pick them up and drove away when the camera van arrived.

Operate under IAS

 

Thanks in advance!

 

 

 

[m1n1me]

Letter received by registered keeper to say that due to "an administrative error" the incorrect contravention reason was on the PCN and that a new one would be issued - seems very suspicious to me.

 

Is there a time limit that the "replacement" PCN would need to be issued?

[m1n1me]

Subject Access Request submitted to the DVLA with one going to VCS as soon as they give up persuing this too...

[m1n1me]

VCS being completely ignored

 

DVLA SAR partly out of interest, but more specific request will be sent if needed to get the information I need.

 

Thanks for everyone's comments/replies so far.

[m1n1me]

New letter received - should a response be sent yet or still hold fire? Thanks!

 

VCS passing to debt management team.pdf

[m1n1me]

Hi - letter of claim received yesterday - what next? A letter to point out the byelaws as per Hellabubba's post? Should anything else be included?

 

Thanks in advance!

 

 

[m1n1me]

Here's the draft wording for the letter - thanks for everyone's help.

 

Once its ready - who should it be addressed to? Directly to Simon at the registered address?

 

NOT PAYING!
Dear Simple Simon,
I can use bold red letters too...
I will not be paying the sum of £160 you demand. I know you’ve heard the points in this letter many times before, but it is obvious from various online forums that it does nothing to the way VCS conducts business, hoping that people will just pay up without doing their research – I am not one of those people!
a. There is no liability in this matter as Bristol Airport land is covered by its own byelaws and therefore not subject to POFA 2012.
POFA 2012 is clear:
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than-
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
Airport land covered by byelaws (statutory control) falls under 3(c) and is therefore exempt from POFA 2012.
b. The NTK does not clearly specify the relevant land on which the vehicle was stopped. Schedule 4 of POFA 2012 specifies the meaning of ‘relevant land’.
c. The NTK does not state how long the vehicle was parked for. The period of parking cannot, and should not be assumed from the CCTV images, as the latter only show the time the image was taken.
d. Signs stating “No Stopping” is not an offer of a contract, but a Prohibition, and no contract can ever be formed or exist for Prohibitions. There has been no genuine offer of contract, so a contract has not been breached. In order to read the sign, drivers would need to stop and consider the offer.
In addition to this, the POFA limits any charge to the specified sum, so your demand for £160 is ridiculous.
As VCS have a history of losing in court for this same subject time and time again, I suggest you cease this aggressive and unprofessional process.
Should you decide to continue then I shall be pursuing 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.

 

[m1n1me]

Received the date, and the fact it was VCS for alleged "Breach of terms and conditions of a private car park" on the SAR response. Initial complaint sent to the DVLA before escalating to ICO.

Edited March 16, 2020 by m1n1me

[m1n1me]

Claim Form has now come through - any guidance appreciated!

 

Name of the Claimant ? Vehicle Control Services Limited

 

Date of issue 2^ND June 2020

  

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XXXX XXX at Bristol Airport

2. The PCN details are 25/11/2019, VCSxxxxx

3. The PCN was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.

3. Costs and court fees

 

What is the total value of the claim? £241.63

 

Couple of initial thoughts - car was stopped not parked, driver hasn't agreed to pay, private land covered by bylaws, signs not readable whilst driving...

 

Update - MCOL response submitted and CPR31.14 letter sent to solicitor.

Will look at defence over the next few days, but any pointers greatly received.

[m1n1me]

Thanks - I'll make a start today.

 

Also have a receipt from the car park as a short period of parking was paid for (which covers the entire duration the vehicle was on the airport site,

 

no loss of income for the airport/VCS) and it was also business related travel with all expenses reclaimable from employer, 

 

 no financial benefit for not paying for parking "on purpose"

- is it worth including either/both of these points?

[m1n1me]

CPR 31.14 request sent asking for:

 

1. The contract between Vehicle Control Services Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. 

 

2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 

 

3. Copies of the notice to driver, notice to keeper and any other correspondence from Vehicle Control Services Limited & DCB Legal Ltd to the defendant that they intend to rely upon in court. 

 

Response received from solicitors:

 

Please be advised that there is no reference to the Notice to Driver and Notice to Keeper within the Particulars of Claim.

The contract between our client and the landowner is also not referenced within the Particulars of Claim.

Therefore, these will not be supplied at this stage.

 

The signage which is referenced within the Particulars of Claim is available for viewing at Bristol Airport, where the parking charge was issued.

 

All other documentation will be filed with the Court and served upon yourself at the relevant stage in the process, when it has been ordered by the Court.

 

I think they have skirted round the first point, and the original request wasn't about where the signage was, but the planning permission granted for the signage - is it worth replying to point these things out?....

[m1n1me]

@ericsbrother - thanks - they are using DCB Legal Ltd

[m1n1me]

Previously known as "Direct Collection Bailiffs" on Companies House - I feel they may be just as willing to bend the rules...

[m1n1me]

I've been busy ready other threads for my defence.

 

Should I mention the sub-standard response to the CPR request, ignoring the actual questions at this stage? Also, they replied to my letter via email rather than post - should I ask for a written response?

[m1n1me]

Letter to CPR request received in post:

 

Please note that CPR 31 does not apply to Small Claims matters.

We have requested photographic evidence from the Client along with a copy of the Notice to Keeper.

Your request for proof of planning permission is disproportionate as we fail to understand why you would require this. This matter will only be addressed should it proceed to a Court hearing.

In the meantime, Court proceedings will continue as normal.

[m1n1me]

Do I respond to point it out or leave them to shoot themselves in the foot for not responding to my request? If CPR doesn't apply anyway, guess it doesn't matter either way...

[m1n1me]

It will be 28 days since defence was submitted in the next few days - if VCS fail to respond in that time, will the case automatically be thrown out?

[m1n1me]

Received confirmation they are pursuing the claim.

 

Read somewhere about requesting relevant documents from the solicitor - is that an automatic part of disclosure, of does it need to be specifically requested?

[m1n1me]

Letter from local court about remote hearings received. It states that "Pursuant to the power so to do in CPR Part 27.4(1)(e), the court gives notice to the parties that it considers the claim suitable for determination on the papers without a hearing as permitted under CPR 27.10 if all parties agree to this."

 

Should I respond to say I do not agree to a paper determination? The ICO is now investigating VCS on my behalf, but that wasn't in my defence so it'd be good to be able to raise it during the hearing

 

 

[m1n1me]

So, something like "I do not agree to a paper determination as I feel it will impact my ability to appropriately defend my case and challenge any points raised by the Claimant"?

[m1n1me]

It's says that you can ask for the claim to be "deferred until after the current Covid-19 restrictions have altered sufficiently to permit a hearing which the parties attend in court", but I'm not sure how I give good enough reasons why I don't think a remote (phone, Skype etc) hearing would be OK...

 

[m1n1me]

the court has gone ahead with a phone hearing regardless of my objections...

 

The ICO have responded to say that they are investigating a complaint about VCS unlawfully obtaining details from the DVLA - this came after the submission of defence - is it still possible to raise in the witness statement?

[m1n1me]

It's BTMeetMe so audio only unfortunately. Statements by 16th November, court on 9th December.

[m1n1me]

Not until the 11th December

[m1n1me]

It says "Unless the claimant does by 4.00pm on the 11 December 2020 pay to the court the trial fee of £25.00 or file a properly completed application......then the claim will be struck out" - seems like an error to me as I assume it would normally be paid before the court date?