VCS PCN PAPLOC Now Claimform - no stopping - Southend airport

[MrGregsky]

hi,

 

I have received the final demand letter - when never got NTK first. 

I dropped of a friend of mine outside southend airport outside red line zone but still on the road.

 

could you have a look if you can help?

do I have to pay it?

 

thank you in advance

 

 

 

1 Date of the infringement - 05/10/19

 

2 Date on the NTK - never recall to get one - just received final reminder 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received - 19/12/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] - don't know - I don't recall receiving 1st letter

 

5 Is there any photographic evidence of the event? - yes

 

6 Have you appealed? [Y/N?] post up your appeal] - no

Have you had a response? [Y/N?] post it up -no

 

7 Who is the parking company? - I don't know - letter only sending me to myparkingcharge.co.uk

 

8. Where exactly - southend airport

 

Scanned Documents.pdf 773.29 kB · 1 download

 

[brassnecked]

Hi Mrgregsky, had to delete your attachment as your personal details showing, could you repost with personal details and any reference numbers/barcodes hidden please.  Looks like a standard ThreatOgram but they have no Locus to issue diddly squat as is NOT a parking event, read up on a few of the VCS airport threads and you will get the picture.  Then one of EB's snotty letters should send them away telling them you and they know as byelaws, they have no legal standing to demand diddly from you.

[dx100uk]

upload sorted

 

use our search top right

no stopping

 

you'll soon get the idea.

 

dx

 

[MrGregsky]

hey, 
hope you are well,

happy 2020!! 
please could you have a look on file?

I have received new letter today. what should I do with it?

 

 

Our Ref.pdf

Edited January 2, 2020 by MrGregsky

[Homer67]

Keep it, wait and see if you get a letter before action LBA and then come back here if you do.

[MrGregsky]

thank you

[brassnecked]

It IS a letter before claim, so one of EBs snotty letters outling they know and you know byelaws are in force, they have no Locus etc is due others will have further suggestions. read  up on VCS and airport threads

 

https://www.consumeractiongroup.co.uk/search/?q=vcs airport no stopping

[ericsbrother]

as it is a LBA, albeit a badly drafted one, you need to respond.

somehting like:

Dear simple Simon,

I am fully aware of your past record of such vexatious claims regarding prohibition and your failure to understand it in a contractual offer context so I shall seek a full costs recovery order for your unreasonable conduct when you get your come uppance at my local county court.  That of course assumes you dont pull the plug on your claim once it is obvious I am not goping to wet myself and pay you for nothing. Why dont you save a tree and just slink off back to the economically worst performing city in the UK where you come from.

 

No guarantees that it will stop the stupidity but if works better than nice polite letters

[MrGregsky]

hi,

no letters for over 2 months and now I got a Claim form...

could you have a look? Should I reply to it?

 

Sorry had to delete image, its not wise to post up images directly to a post, better to do pdf,, as only a Registered and logged In Cagger can view them then. Also we know what a claimform looks like so don't need to see the actual form, just what they are claiming for as per the Sticky

 

[ericsbrother]

you need to defend so that means opening an account at moneyclaim online and initially acknowledge the claimtick the boxes saying defend in full etc that are self evident that you disagree you owe anything. You then get another fortnight to submit an outline defence.

this will be a short few linesstating that there was no contract to breach as signage is prohibitive and that the demand is an unlawful penalty. you could also add that as they ahvent followed the protocols of the POFA they have failed to create a keeper liability and  as they havent identified the driver they have failed to show a cause of action aginst the named defendant

[MrGregsky]

hi,
I have registered and click all that, now I need to prep the defence. could you help or suggest something catchy so they leave me alone? thank you in advance.

[honeybee13]

You need to look at other airport no stopping claim threads and see what other people have said. Especially in our PPC successes subforum.

 

HB

[brassnecked]

Generally go off the premise that stopping isn't a parking Incident, and parking is all they can take action on, stopping isn't parking its a prohibition,and no contract which is what Private Parking is all about, an assumed contract the driver enters into when parked, As an Airport Byelaws trump the PPC which has no locus standi to claim diddly squat . Do as HB suggests and read up on it you will soon catch on.

[MrGregsky]

ok, I found something similar I think...

should I send them a request for CPR31?

I found this as well, 

Quote

 

I will not be paying the demand as 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 £160.00 is nonsense.

As VCS (Vehicle Control Services Ltd) 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.

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

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

 

 

not sure if I can paste it as a my defence particulars...
or should I retype it and make it more official, not sure...

[FTMDave]

That is a reply to a LBA, things have moved on since then, now it's defence time.  Use post 13 as your starting point.

 

BTW, did the fleecers send you a formal LBA?

[MrGregsky]

yes, I got LBA,

 

Im reading the thread now, I found something like this:

Quote

1)The defendant does not believe the claimant has the authority of 
the landowner to offer contracts to the public nor to make civil 
claims in their own name and thus having no locus standi to make 
such a claim.
 
2) in any case there was no offer of a contract to consider so 
there cannot be a cause for action by the claimant against the 
defendant"

I recon I could use that. 

[FTMDave]

Excellent stuff.

 

If you want you could add what brassnecked suggested about the area being covered by bye-laws.

[brassnecked]

Just check on the term Relevant Land regarding VCS and no stopping, but  think its on other threads

[dx100uk]

On 21/02/2020 at 13:46, MrGregsky said:

 

 

 

can you please fill out our Q&A first please 

and did you send off a CPR?

you don't need to defend this yet?

[MrGregsky]

Name of the Claimant : Vehicle Control Services

 

Claimants Solicitors: 

 

Date of issue – 19/02/2020

 

Date for AOS - 6/03/2020

 

Date to submit Defence - 22/03/2020 - Sunday - so I guess it has to be Friday 20th march by 4pm

 

 

 

What is the claim for – the claim is for a breach of contract for breaching the terms and condition set on private land. the defendant's vehicle reg ***  was identified in southend airport on the 5/10/19 in breach of the advertised terms and conditions: namely stopping in a zone where stopping was prohibited. At all material times the defendant was the registered keeper and/or driver. The terms and condition upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was acceptance of the offer hereby entering into a contract by conduct.the signs specifically detail the terms and condition and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has field to to settle the outstanding liability.the claimant seeks the recovery of the parking charge notice contractual cost of interest. 

 

 

What is the value of the claim?

 

£185

 

[MrGregsky]

can you please fill out our Q&A first please  - done

and did you send off a CPR? - will do today

you don't need to defend this yet? - no,

 

do you want me to scan the letter / claim form I got? 

[ericsbrother]

so you have the main gist of it, No keeper liability as POFA adherence needed to create one and land isnt "relevant land" so that is out of the window

Signahe not an offer of a parking contarct but prohibitive in nature so claim is for an unlawful penalty charge

 

you can mix and match with your other points as long as you dont go into so much detail you go down a dead end road with the defence.

 

They are trying to rewrite the law with their claims and when they lose a few they will drop the rest to avoid being clobbered by increasing costsa nd possibly the DVLA and ICO punishing them

 

the CPR 311.4 request will go unanswered and that helps you assert their lack of locus in this matter

[brassnecked]

Yes 3 line defence should be sufficient, Keep it Simple with an acknowledgement on MCOL.  read up on some of those VCS airport threads you willl see where they have no case against you.

[MrGregsky]

 

I found this In other thread... but not sure with point 2 now... 

Im confused now... 

 

so, still have to send them CPR, right? 

 

and Ill study some other cases. hopefully will get something recent and I can arrange the defence around it.

thank you for your help.

[ericsbrother]

those 2 points will do as long as you get your CPR sent off now so they do or dont respond before you have to submit the outline defence.

 

What dont you understand about point 2, it is the same as prohibitive signage isnt a contract to park but in simpler terms