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Dalsim

VCS -PCN Claimform - no stopping Southend Airport stopping PCN

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DX because I have already logged in and submitted the MCOL it won’t let him login. 
 

he has emailed the court to see if they can make the changes. Hopefully it’s not too late.

 

I will login and upload the defence as required on the 3rd Jan.

 

I have looked through lots of posts but can’t seem to find a defence that I can use as a guide, probably me not searching for the right threads. 

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use our custom google search box 

 

claimform no stopping


please don't hit Quote...just type we know what we said earlier..

 

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you also need to read the Parking Pranksters blogspot as it has loads of reported cases in it. Look up terms like prohibitive signage and then  use other keywords like no offer of contract and no locus standi.

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Hi thanks Learning what’s happening on these no stopping claims,  however car stationed on DYL and there is no signage, giveing a term for double yellow lines. 

 

bylaws book states; “Prohibited acts on parts of the airport to which the road traffic enactments do not apply” this would be no waiting, where road traffic acts are in place unless stated otherwise by erect notice there are no private VCS terms for no waiting contraventions. No numbered terms to consider, The entrance to airport shows the speed limit and that clearway ends.

 

Bylaws will be no waiting for yellow as opposed to no stopping on red. Appealed on lack of signage for one!

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you havent read enough then.

 

BYELAWS determine what you can and cant do. if you break a byelaw the airport owner may start a private prosecution and you get dragged in front of a magistrate who if deciding you are guilty will FINE you and the money goes to the MoJ not the airport and certainly not to VCS. that is why they dont go down that route, no money in it for them. better to tell lies and profit from 85% of those caught out than to use the law and go bust.

 

Now having hit one nail on the head with your defence you need to thrash them with all of the other points you can raise,  so lack of a cause for action as no suchthing as a breach of a non existent condition, inadaquate signage, prohibition rather than an offer of terms therefore unlawful penalty.

 

you then go into the 10 minute grace period as it takes time to stop, read and consider the terms offered by the signs before you can possiby accept them even if the sign says no stopping in big letters as the small print determines the price of the consideration. If you cant read it as you go past at 20mph in the dark the it doesnt exist so you read up on inadequacy of signage and use all of that as well.

 

keep it brief so bullet points rather than essay. be too specific and you enter a dead end street with that point so the vaguer no contract offered so no breach of contract and thus no cauase for action against the defendant is better than arguing about the exact menaing of a word at this point.

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Grace periods:  on a visit to airport 2 weeks after material time to see how/why the ticket was issued in a different vehicle the journey is recorded in time from entrance sign is 1.30 secs approx to stationed DYL with timings on cctv around same so leaving that area to go elsewhere more than likely less than 5 mins never mind 10. That is breach of code yes! 

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the IAS will say that it doesn't apply to a prohibitive notice but ignore the fact that a prohibitive notice isnt a contract!

 

you however have to rub this in when it comes to court as many a judge will make assumptions about what they think they know beforehand so you have to prove a negative rather than them just failing to show their claim has legs

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By the way the DYL are painted red around 2 weeks after initial correspondence inviting them to visit site and see non compliance of the code they should adhere to  

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private land...could be pink...matters not...tarmac graffiti.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Lol but shows their signage is inadequate misleading and frustrated any decision making

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you are still not understanding things here are you...……….

no private company can enforce any traffic regulation

they are not a local authority.

 

its private land

any road markings mean NOTHING , they are all purely tarmac graffiti ...


please don't hit Quote...just type we know what we said earlier..

 

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1. I know this

2. I know this

So really then there is nothing to defend only rebuttal their claims?

 

Answer for an answer

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Defence is due tomorrow, is the below okay?

 

1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.

 

2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either an contractual charge or as a result of a breach of contract.

 

3. The claimant has not shown locus standi in this matter.

 

4. It is denied that there is the ability to enter into a contract with the Claimant as the signs which are in place refer to no stopping which it is denied creates a contract for the Defendant to enter into and rather this is a prohibitive notice.

 

5. A CPR 31.14 request was sent to the Claimant on the 20th December 2019 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. No response to this has been received. 

 

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:rockon:


please don't hit Quote...just type we know what we said earlier..

 

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I’ve logged in to MCOL to lodge my defence but there is currently a bar on the process so no option to defend available. I presume this is because it is in my name and not my brothers who is the defendant. My Brother has emailed them a copy of the information they requested so I guess I just wait to see what comes back... 

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yep.

what email address did you use ?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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So originally on the MCOL I used my email address as I was the one driving the car. When they rejected it my brother used his email address to send the documents to them. He has logged in to MCOL with his details but when he enters the claim no. and password it can’t find the claim. 
 

I guess my Brother should email them and check. I will get him to do that now. 

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what email did he use for CCBC? is what I mean

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

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As already said in an earlier post, only the named defendant can and should be involved in doing the paperwork for this claim. 

The MCOL panel only allows you to submit things at the correct stage so if an initial defence has been filed you cant go any further until the allocation questionnaire is issued and so on.

 

If your brother is the named defendant it had better all be done in his name or it wont matter how brilliant your defence is you have no locus standi and your brother will lose once a human at VCS reads the paperwork.

 

from your last post it appears that this has been logged properly but for procedural correctness and to make it easier for people to follow stop mentioning yourself and keep on posting as if it is your brother se we can read "I" as being fro him as it all has nowt to do with you.

 

If it gets to a hearing you can attend as his lay representative if you both so wish.

 

In the meanwhile please do abit more reading on prohibitive signage and contracts, the Parking pranksters blogspot has some examples that got to court but apart from john Lennon airport ( the most relevant to yours) they are often about residential parking.

that doesnt mean the law is any different but so far you appear to be missing the point on this.

 

now the fact that the yellow paint was applied after the event is significant because it shows that there was no indication of any condition that could be construed at that point and the lanowner clearly needed to try and make things clear.

 

When you go on holiday why would you be expected to know what laws apply to third parties? 

would this include prior knowledge of the lease agreements between the airline and Boeing for example?

 

The answer to that is no because there is strict liability so something else to consider when you have picked the byelaws to pieces as they arent the same as the railway byelaws so dont create a keeper liability

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On 10/12/2019 at 10:49, Dalsim said:

Correct, my brother is the keeper and so VCS are suing him. 

 

I've submitted the AOS in my name now and I can't change it... Could this be an issue? 

 

Thanks

 

Thats why the bar is in place


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