VCS PCN Claimform - no stopping - Southend Airport

[Dalsim]

Hi,

 

hoping someone can help... 

 

I received a PCN for stopping to ask where to park for a pickup, so only stopped for a few seconds.

 

I have been ignoring the letters they have been sending.

 

They have now sent the attached claim form.

 

Should I now appeal? 
 

 

please answer the following questions.

 

1 Date of the infringement - 19/07/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

[scan up BOTHSIDES as ONE  PDF- follow the upload guide] 26/07/19

 

3 Date received - not sure

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N

 

5 Is there any photographic evidence of the event?

yes

 

6 Have you appealed? [Y/N?] N

Have you had a response? [Y/N?] N/A

 

7 Who is the parking company? Vehicle Control Services

 

8. Where exactly - Southend Airport 

 

For either option, does it say which appeals body they operate under. IAS

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

copy the windscreen or ANPR section to your thread and answer the questions...

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE  PDF ONLY

 

 

 

 

[dx100uk]

I have removed your pictures posted directly to screen of the claimform

we don't need them

 

please complete this:

 

 

 

you only got htis claim BECAUSE you wrongly ignored EVERYTHING

you NEVER ignore a letter of claim. which you must have gotten 1st before the claimform

 

 

[ericsbrother]

did you get a letter before action? if so when?

 

acknowledge the claim, ideally online via the govt moneyclaim site, You will need a govt gateway username and password. Once you have ack'd you have  a total of 33 days to submit a defence. this only needs to be an outline of what you will be saying if it gets to court.

 

These no stopping claims don't get there, they are not a breach of a parking contract, they are prohibitive in nature, ignore the 10 minute grace period and they are also trumped by the airport byelaws. VCS know all of this but they are crooks and are using the court system to coerce you into paying rather than trying to enforce a real debt. Once you have settled into your position they drop the claim but that wont be yet, they need to know your intentions.

 

95% of peopel have paid them by the time they have to write somehting for court so even thouth they are dishonest it is a numbers  game for them

[Dalsim]

 

Name of the Claimant ? - Vehicle Control Services

claimants Solicitors: I can't see solicitor name on the form 

 

Date of issue –  2nd December 2019

 

Date  to acknowledge) = 20.12.2019

 

date  to submit defence = 03.01.2020 

 

 

 

What is the claim for – 

 

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

 

2.The defendants vehicle *******, was identified in the Southend Airport o 19/07/19 in breach of the advertised terms and conditions, namely stopping in a zone where stopping is prohibited. At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions upon entering private land was clearly displayed at the entrance and in prominent locations. The sign was the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.

 

4.The Claimant seeks the recovery of the parking charge notice, contractual costs and interests. 

 

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 ? Private Parking company Vehicle Control Services

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

No, So the car is registered in my brothers name and he has since moved house. He has received 2 previous letters, one for the original fine and then a subsequent one for the increase after 14 days. 

[Dalsim]

Hi DX00uk,

 

My brother never received the letter of claim, but this maybe because he moved house and the letter never got forwarded to him. 

 

So I am going to acknowledge the claim via the govt moneyclaim site. In terms of the defence what should I say? 

 

ericsbrother,

 

As per the above I never received the letter of claim. 

 

Thanks both for your help. 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[dx100uk]

quick tip:

it is NOT a FINE.

[Dalsim]

completed the MCOL, just need to complete the defence. Is there anything I should and shouldn't say in here? 

 

With the CPR 31.14, do I send it to the address I have for them and get it signed for? 

 

Thanks

[dx100uk]

defence is not due till day 33

follow post 7 carefully.

 

you can use recorded post for the cpr 

but as they never reply anyway

a waste of money

just use 1st class stamp with free proof of posting from any po counter.

[Dalsim]

Ah yeah brill, will do. 
 

should I be using my name in all of this as it was me driving or the defendant’s on the claim form? 

[FTMDave]

The defendant will have to take on the claim himself.  VCS are suing him, not you.

[dx100uk]

plenty of our two - five line generic byelaw defences here already

 

but you are far too early yet to bother about defence.

 

your job now is to get reading up any/all PCN claimform threads here in this very same forum

get upto speed.

 

 

[FTMDave]

Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?

 

if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).

 

However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.

[dx100uk]

note your corrected date to file a defence too.

[Dalsim]

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

[dx100uk]

shouldn't be no.

 

as post 13 then

 

post it up here 1st mind.

 

 

 

 

[Dalsim]

With the CPR 31.14 do I provide my new address and use my name? Or should I use my Brothers name and his old address as he is the defendant? 
 

Is it the defence you want me to post here? 
 

thanks, 

 

[dx100uk]

the defendant of the claim. 

 

defence issue already addressed in post 13.

 

 

[ericsbrother]

you will have to ask the court to change it as you are not being sued so have nothing to do with the matter. You have no locus standi

 

If they are smart they may twig this and go for a summary judgement.

It is commendable that you help your brother out but you cant atkethe matter over. If you were driving you can get your brother to state this and see if they want to waste money starting all over agin by suing you but they wont, they will rely on keeper liability even though they havent created one.

 

as for CPR again your brother's job or at least in his name and address

[Dalsim]

So my brother has received a letter from the court saying the claim has be returned as it is invalid because it has been signed by a third party. Please see attached.

 

My Brother has only just received this letter as he has moved house and the mail redirect is slow. The address on the letter is 11th Dec and the original claim form was 2nd December. He is going to submit the claim form again tomorrow via mail but I presume this is too late, am I right? 
 

Thanks ,

 

 

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

 

 

just get him to follow the advice in post 7

 

don't miss defence filing date

 

[Dalsim]

So he sent an email to them with the correct details so hopefully they make the relevant changes. 
 

I am going to start the defence response for him now, is there any links to help with this?

 

thanks

[dx100uk]

can he not just do MCOL?

has he tried?

 

the defence will be the std 2- 5 line one with regard to the land being covered by airport byelaws that trump everything and those cannot be not enforced by anyone other than the airport themselves.

plenty of no stopping threads here already.

 

dx

 

[FTMDave]

Your support for your brother is commendable, but I think you have to consider him taking over this case as if it gets to court he will have to understand the legal arguments and take on the fleecers - you can't do it for him.  He's being sued, not you.  You've already made the basic mistake of sending documents to the court in the name of an unconnected third party.

 

Hopefully VCS will wet themselves and run away after the defence, but that's not guaranteed, better to prepare too much than too little.

[Dalsim]

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.