VCS PCN PAPLOC Now Claimform - no stopping - Southend airport

[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

[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

[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

[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

[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