VCS Spycar PCN PAPLOC Now Claimform - no stopping - EAST MIDLANDS AIRPORT CASTLE DONNINGTON

[Whats happening dude]

LBC Pg1;.pdfLBC Pg2;.pdf

COMES WITH FINANCE STATEMENT booklet to be ignored I BET

And a reply form asking to tick boxes like I dispute debt etc

[dx100uk]

see post 33 here

 

 

[Whats happening dude]

is this no 17 post to me?

[dx100uk]

no 

click that tlink

goto post 33 there and READ

[Whats happening dude]

32 is to read yes, 33 is a comment on 32, hope I’m navigating through this correctly!

 Thanks in advance 

 

Well the letter before claim what is the advice now? Send a letter as post 32 in link from post 17?

 

[dx100uk]

DeeBrad69

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•  #33

Posted January 3, 2018

Hi I found another thread very similar to my situation in which they were advised to send the following by the talented ericsbrother, would it be OK for me to send the same or is that not done?

 

Unfortunately for you I wasn’t born yesterday so I won’t be paying your demand, you know what I know and that is 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 is just a nonsense.

 

As VCS 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 Civil Procedure. I know that may well be a first for you but call it your new year's resolution.

 

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

 

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

 

Any thoughts greatly appreciated. Dee

[Whats happening dude]

Hi letter before claim is dated 27/12/19 sent second class so came yesterday with bank hols delays convenient to lose days in response, am I right then the unfortunately for you response in last post needs to be received back to VCS in 14 days meaning 09/01/20? 

[dx100uk]

 

•  

eh?

you have 30 days to send the above reply.

 

 

[Whats happening dude]

Eh?

sorry for my learning curve but what is eh! am I not making things clear  ?

[dx100uk]

where this 14 days come from?

its 30 days for a PAPLOC reply from you

dx

 

[Whats happening dude]

I read this somewhere but now you say 30 it becomes clear, self doubt I guess, but by the 16th of this month the alleged PCN/ntk is over 6 months so bylaw prosecution passed, intend to send reply after the 16.

By the way thanks for everything you do and the cag team.

[dx100uk]

use the blue text in the earlier post

do not adapt it.

 

doesn't matter when you send it as long as you meet the 30days

it does clearly state 30days on the PAPLOC if you go look.

it's part of the PAP rules.

 

dx

 

[Whats happening dude]

[Whats happening dude]

east-midlands-airport-byelaws-2001-re-issued-september-2009.pdf

[Whats happening dude]

wondered about this:

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

 

Best to leave it out?

sign? 

Yours faithfully

Resistered keeper

 

(i think)!

 

Sorry,  just curious how they getting on and what they actually have done, 

[Whats happening dude]

Back to post #28 you says don’t adapt it but another says change as not from dca but from vcs direct, just curious?

apologies again

[dx100uk]

wont harm you no ..as simply simon will no doubt be aware who will/john are anyhow..

but yes as you spotted elsewhere, that last bit was not necessary.

 

i wouldn't be signing no

just print your name.

 

dx

[Whats happening dude]

Rather than putting name I wonder if simply:

Yours Faithfully

Registered Keeper

[dx100uk]

Cant see it making any odds

[ericsbrother]

18 hours ago, Whats happening dude said:

wondered about this:

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

 

Best to leave it out?

sign? 

Yours faithfully

Resistered keeper

 

(i think)!

 

Sorry,  just curious how they getting on and what they actually have done, 

This is there because the original letter was sent to a firm of solicitors. You are not writing to them but to VCS directly so Simple Simon is the person you refer to  as Simon Renshaw-Smith owns both VCS and Excel Parking and often forgets which company is doing what.

 so to write to VCS you say

Dear Sirs,

i am in receipt of your latest missive and from the moment I picked it up to the moment I put it down I was convulsed in laughter, someday I intend to read it but until the time hell freezes over simple Simon knows that the byelaws override any possible contractual offer and anyways a prohibition is not an offer of a parking contract.

As he has had many a spanking in court simple Simon also knows that he wil be paying my full costs for unreasobale conduct and I may well sue you for breach of the GDPR as per VCS v Phillip, Liverpool CC dec 2016 and other cases.

[Whats happening dude]

I like that one 

[Whats happening dude]

Hi all

a claim form,

issue date 19th Feb, 

turned up today so a clock is ticking!

 

This is same in description as other recently posted by others. 

Please advise best timescales to log on Mcol ,

 then to send the templated letter

aos edited to suit of course to vcs. 

 

on the claim form it leaves some space for writing defence !

 

It is to assume for now for a no stopping event is the following  points? ; 

 

1. No cause for action against the defendant the defendant is the keeper of the vehicle and VCS have failed to show who was driving at the time and so cannot create a keeper liability as they have failed to follow the protocols of the POFA 2012

 

2 no contract can exist between VCS and the defendant as the land is governed by its own byelaws and these have supremacy of VCS management arrangements and that also means no keeper liability can  exist. 

 

3. The claimant has no locus standi 

 

4. in any case the signage is prohibitive in nature and not a genuine offer of terms for parking for a motorist to consider, Therefore it is denied that there was any ability for the driver to contract with the Claimant. 

 

So:

When does the above go in at before 14 days? or is this the before 33 day last min! .

 

WS ? is this the lengthy detailed response to the aos reply but is not in the frame until actually any court date tracked. So after 33 days!

 

 Thanks 

 

[honeybee13]

Hi.

 

Can you give us the information requested in the forum sticky please? We can give better advise then.

 

HB

 

[dx100uk]

you do not use the forms, they are only for ref

 

do that link..

we'll advise what to do and WHEN

 

till then..sit on your hands

do nothing TILL ADVISED.

[Whats happening dude]

Name of the Claimant  VCS LTD

 

Date of issue –  19 Feb 2020

 

What is the claim for – 

 

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

 

2.The Defendant's vehicle, xxxxxx was identified in the East Midlands Airport on the xx/xx/xx in breach of advertised  terms and conditions; namely stopping in a zone where stopping is prohibited. 

 

3.At all material times the Defendant was the registered keeper and/or driver. 

 

4.The  terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. 

 

5.The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 

 

6.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.

 

7.The Claimant seeks the recovery of the  parking charge notice, contractual costs and interest.

 

What is the value of the claim? £185.00

 

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 ? CLAIM ISSUED BY VEHICLE CONTROL SERVICES

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO NOTICE OF ASSIGNMENT