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

[Dalsim]

 

..

[Whats happening dude]

Hi friends reading these forums with enthusiasm but struggling to find the std 2- 5 line defence for no stopping received to the registered keeper on behalf of a driver at an airport EMA is there a link? Bylaws are applicable and VCS argue this as VCS ltd v Abercrombie  as attached:

your thoughts on this for bylaws:

 

Untitled_12.pdf

[Whats happening dude]

The registered keeper Received a PCN/ NTK back in July for no stopping on an airport that fitted out double red lines recently and placed signage alongside the kerbs for the no stopping, the airport is covered by bylaws (whereupon the PPC claim are defunct but are still readily available and accessible online live from the airport site) the car was stationed on double yellows In the NTK and photos show it just only over a minute!

 

We Stated a reason I believe must be mechanical being close proximity to a garage as no other reason unless personal to the driver. 

 

The entrance off the main public highway road into the airport has sign erected by bylaws showing speed limit and clearway ENDS with an old mention attached of airport private land, seemingly proving it bylaws erected.  This sign is before the PPC entrance sign which only show restricted zone in red highlight. This Info would take that double yellow is no waiting from here on in! There are no other signs after that show any terms for DYL or no waiting terms at all therefore there are no private parking terms to break on DYL only red. 

 

At the place of the DYL there are none, zero signs bylaws describe as normal road enactment,  a prohibitive place like no stopping for example must be served by erected notice . There is no private driver appellant as no rule is broken and the invitation to name a driver is declined as their in no evidence of the driver to name nor is there any evidence of any contract to consider breached, the appeal was ignored with regards to the above,

 

I cannot put to much info down as I’d think this quite unique to this airport and now being more familiar with the no stopping is prohibitive signage etc and all aware of the [problem] but like advice on next step in defence at court. No LBA as yet so can attack threat with more abrupt defence. To head them off!

 

My son is Reg keeper and he not grass and is prepared to pay but we know he won’t have to with the right support.

[honeybee13]

Hi. I've edited some paragraphs into your post to make it easier to read. Please try not to post up walls of text, it puts people off reading it.

 

Could you provide us with the information requested in the forum sticky please? It will help us to advise you.

 

 

HB

[dx100uk]

post moved from a thread hijack to above.

 

you have a court claim

so please complete this:

 

 

to me your pdf in post 1 looks like part of a witness statement from thr claimant

so you are well passed the defence filing stage?

 

please get the above completed ASAP

then we can help 

 

but if you don't want too

simply use OUR custom google search box

claimform PCN no stopping.

 

dx

100's of like threads here to read

 

 

[Whats happening dude]

I yes sorry about length just got the broad of it out way and yes i a s appeal route passed and like it said on here waste of time biased and marred with prejudice and last final 160 demand passed Christmas Eve. Will send as requested ASAP 

thanks 

[lookinforinfo]

Doesn't look like VCS have permission to erect their signs so their signs are illegal despite what they say in their rebuttal of your appeal.

[Whats happening dude]

NOT had any court papers just the spam final demand, no Debt collection or similar as yet, I can not upload NTK redacted as requested get error message? Airport at top heading not correct, sorry finding it awkward moving around site at the min.

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 16/07/20129

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  26/07/2019

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

 

3 Date received maybe 28/07/19

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  NO

 

5 Is there any photographic evidence of the event? YES

 

6 Have you appealed? [Y/N?] post up your appeal] YES

Have you had a response? [Y/N?] post it up   YES

 

7 Who is the parking company? VCS

 

8. Where exactly [carpark name and town] EAST MIDLANDS AIRPORT CASTLE DONNINGTON

 

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 -  NTK Rear redacted;.pdfREPLYS FROM ORIGINAL APPEAL LETTER asking for driver details and another 14 days grace!

 

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

NTK REDACTED1;.pdf

[dx100uk]

ok updated

so post 1 PDF is a reply to an appeal you made then

can we see all of it please and your appeal

 

next time don't appeal as you've shot yourself in the foot as you've identified yourself as the driver...

 

await until/unless you get a letter of claim.

 

dx

 

[Whats happening dude]

hi no I am registered keeper but I do think they will proceed as they like, the VCS ias case summary AT appeal, the prima facie case,  is MARKED as registered keeper

 

appeal + reply.pdf

[dx100uk]

god no wonder they are after you after sending that appeal!!

 

where did you get that load of ole dribble from!!

total nonsense!!

 

pers i'd sit on your hands now and wait and see if they send a letter of claim.

 

in the meantime get reading up properly

so you KNOW the correct game to play!!

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=VCS no stopping&oq=VCS no stopping&gs_l=partner-generic.3...423018.427003.0.427919.15.15.0.0.0.0.150.1191.14j1.15.0.gsnos%2Cn%3D13...0.3996j1259468j16...1.34.partner-generic..15.0.0.bJ8MqCBLOz4

 

 

 

 

[ericsbrother]

ANY communication is jumperd upon by them as a sign that you are actually concerned about this and are thus more likely to pay up than someone who ignores them.

 

now please cease this letter tennis as you stand a very good chance of dropping yourself in it.

 

Now read up on the lawfulness or otherwise of the increased amount demanded and you will start to see that their whole business is based on lies and bullying

[Whats happening dude]

Hi thanks Learning what’s happening on these no stopping claims,  however car stationed on DYL and there is no signage, giveing a term for double yellow lines. 

 

bylaws book states; “Prohibited acts on parts of the airport to which the road traffic enactments do not apply” this would be no waiting, where road traffic acts are in place unless stated otherwise by erect notice there are no private VCS terms for no waiting contraventions. No numbered terms to consider, The entrance to airport shows the speed limit and that clearway ends.

 

Bylaws will be no waiting for yellow as opposed to no stopping on red. Appealed on lack of signage for one!

[ericsbrother]

you havent read enough then.

 

BYELAWS determine what you can and cant do. if you break a byelaw the airport owner may start a private prosecution and you get dragged in front of a magistrate who if deciding you are guilty will FINE you and the money goes to the MoJ not the airport and certainly not to VCS. that is why they dont go down that route, no money in it for them. better to tell lies and profit from 85% of those caught out than to use the law and go bust.

 

Now having hit one nail on the head with your defence you need to thrash them with all of the other points you can raise,  so lack of a cause for action as no suchthing as a breach of a non existent condition, inadaquate signage, prohibition rather than an offer of terms therefore unlawful penalty.

 

you then go into the 10 minute grace period as it takes time to stop, read and consider the terms offered by the signs before you can possiby accept them even if the sign says no stopping in big letters as the small print determines the price of the consideration. If you cant read it as you go past at 20mph in the dark the it doesnt exist so you read up on inadequacy of signage and use all of that as well.

 

keep it brief so bullet points rather than essay. be too specific and you enter a dead end street with that point so the vaguer no contract offered so no breach of contract and thus no cauase for action against the defendant is better than arguing about the exact menaing of a word at this point.

[Whats happening dude]

Grace periods:  on a visit to airport 2 weeks after material time to see how/why the ticket was issued in a different vehicle the journey is recorded in time from entrance sign is 1.30 secs approx to stationed DYL with timings on cctv around same so leaving that area to go elsewhere more than likely less than 5 mins never mind 10. That is breach of code yes! 

[ericsbrother]

the IAS will say that it doesn't apply to a prohibitive notice but ignore the fact that a prohibitive notice isnt a contract!

 

you however have to rub this in when it comes to court as many a judge will make assumptions about what they think they know beforehand so you have to prove a negative rather than them just failing to show their claim has legs

[Whats happening dude]

By the way the DYL are painted red around 2 weeks after initial correspondence inviting them to visit site and see non compliance of the code they should adhere to  

[dx100uk]

private land...could be pink...matters not...tarmac graffiti.

 

dx

[Whats happening dude]

Lol but shows their signage is inadequate misleading and frustrated any decision making

[dx100uk]

you are still not understanding things here are you...……….

no private company can enforce any traffic regulation

they are not a local authority.

 

its private land

any road markings mean NOTHING , they are all purely tarmac graffiti ...

[Whats happening dude]

1. I know this

2. I know this

So really then there is nothing to defend only rebuttal their claims?

 

Answer for an answer

[Whats happening dude]

LBA is this same or later than LBC?

[brassnecked]

In the case of VCS it will be a Letter before Action and will need a response, can you scan and post as asked, then a suitable response can be sorted.

[dx100uk]

posts moved to your own thread

 

dx

[ericsbrother]

going back to the VCS v Abercrombie it was the IAS adjudicator who determined this. Bryn Holloway is not a high court judge and it wasnt a court appeal so that carries as much weight as my refusal to grant you an ice cream for being good

typical of these banbits to try and kid you into thinking otherwise.

i bet they would deny the paperwork existed if it was brought up in court as they would likely lose their preferentail ATA status