VCS PCN Claimform - no stopping - Southend Airport

[dx100uk]

 

 

use our custom google search box 

 

claimform no stopping

[ericsbrother]

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.

[Dalsim]

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. 

 

[dx100uk]

[Dalsim]

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... 

[dx100uk]

yep.

what email address did you use ?

 

dx

 

[Dalsim]

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. 

[dx100uk]

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

 

dx

 

 

[ericsbrother]

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

[AndyOrch]

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