VCS PCN PAPLOC Now Claimform - no stopping - Southend airport

[MrGregsky]

ahhh, ok. wasn't sure as it is specified in their claim details...

Quote

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. 

 

so its explained in details however at the airport it wasn't so clear... just confused now... and I know thats how they work, put those letters, to scare and confuse people. 

 

I was already worried I may lose the ground for defence... 

 

ok, will send CPR and will keep you updated.

thank you 

[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].....

 

…………..

 

there are numerous VCS no stopping claimform threads here

get reading up.

use the custom google search box that comes up after hitting our top squares logo, for:

 

VCS no stopping claimform

 

you'll soon get the idea.

 

dx

[ericsbrother]

But you miss the point that we have tried to hammer home. NO STOPPING isnt an offer of a contract to park. They are in charge of parking, they are not police officers so when they demand £100 for stopping that charge is an unlawful penalty because ther was no offwer of anything that you could consider and then decide to accept.

 

Imagine a shop offering the same terms. A big sign outside saying " all trousers £20 and you go in and have a look but there are none in your size so you leave. the shopkeeper then sends you a bill for £20 for the trousers you didnt buy becuase you had accepted his invitation to pay him £20 for some trousers. The law is the same, you dont pay for something you cant agree to from the outset.

 

It is irrelevant they say they ahve giant signs that can be read from outer space, you still need time to CONSIDER the offera dn the law give you 10 minutes. their signs dont have planning consent so you cant be bound by their terms even if you wanted to be. that is called a criminal compact and the example I give there is you cant sue me for not murdering your mother in law even if I agred to do so in writing. Murder isnt legal so you cannot create a condition for a LEGAL contract