vcs pcn claimform - JLA Liverpool Airport-no stopping ***Claim Dismissed with Costs*** judge said VCS can't enforce no stopping

[Didusha]

Hello,

I have been following the most recent threads about no stopping parking charges at various airports,  as I have received a PCN for Liverpool Airport. 

 

Unfortunately, I have appealed to VCS, telling them that I was the driver and keeper of the vehicle and in as many words admitting to stopping. 

 

I have started making notes of the various stages and preparing for what is to come,

but before I embark on this path,

I wanted to ask whether, my admission of stopping could be used against me. 

 

I have attached the original PCN. And I will follow with the sticky note details in a separate post. 

 

Unfortunately, I cannot redact the appeal letter in order to post. The appeal was done online, so all in electronic format.

 

Date of the infringement 18.01.2020

 

2 Date on the NTK 23.01.2020]

 

3 Date received - unknown, I was flying out on the date of 'contravention', found the letter on 1st Feb 2020 upon my return. 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Not sure

 

5 Is there any photographic evidence of the event? YES

 

6 Have you appealed? [YES] - unable to retrieve the appeal

Have you had a response? [Yes-charge stands] - cannot redact the reply atm, as no editing tools. 

 

7 Who is the parking COMPANY? VCS

 

8. Where exactly [Liverpool Airport 

 

For either option, does it say which appeals body they operate under. IAS

 

pcn.pdf

[FTMDave]

Well, appealing wasn't a great idea, nor was admitting their "breach".

 

However, it's not the end of the world.  This is still a case of prohibition, and especially of bye-laws which trump any nonsense that VCS send out.

 

So just sit back and do nothing ... unless you get a LBA.

 

As you've been reading other threads (well done!) keep an eye on cases where VCS are suing motorists.  They've become very litigious all of a sudden.  Hopefully Simple Simon will either wet himself & run away before the cases, or get a good kicking in court.  Either way you will know what is to come.

 

 

[Didusha]

I have been following the most recent posts and it seems, there has been a lot of claims judging by the posts and updates.

 

I haven't however, seen updates on any,

on how the claim has unfolded past the submission of defence.

 

Either people are so happy they won and forget to post, or the opposite...

 

[dx100uk]

scan you appeal as a jpg and redact then convert to pdf

read upload carefully.

 

any airport VCS/excel thread should be followed.

 

 

[Didusha]

@dX100uk

I submitted my appeal online, and VCS did not send me a copy of my appeal, just an acknowledgment email, which contains no detail. 

 

My appeal was on the grounds that I had taken the wrong exit, which in turn took me to a car park barrier, I had to safely pull over to one side and try and turn around, instead of reversing onto the roundabout.

 

I did tell them that I took a few sec to finish a call to the parking company I was meant to be at. 

 

This probably is irrelevant, but I have just looked at Google maps and it appears my car was not stopped over their bogus red lines(purple dot-me, orange dot-spy car) , so according to their rules, I was not in breach. 

gallery_pages.pdf

[ericsbrother]

Will appealing ahrm you? well it will make them think you are more likely to pay up if they tell you a big enough lie tha someone who ignores them or tells them to foxtrot oscar.

 

BUT it wont have harmed you as they dont have a legitimate reason to demand money, it wasnt a parking event and there cant be a breach of a condition in a contract that doesnt exist.

 

your goggleyes picture neither helps or harms you and anyway they have just made things up as they go along  and that doesnt matter because there is no recognised paint job for private land even if they want teh intention to be clear by using the same markings. If the council just put yellow lines down everywhere they arent enforceable without the relevant legal instrument to put them there so these arent  any more legal than that.

[BankFodder]

open

[Didusha]

Hello, 

 

After a year and a half I have had my LBC and I am preparing the letter the forum has  advised people to send.

I will post it here later today.

vcs lbc.pdf

[dx100uk]

Well done for being on the ball and self helping!!.

 

Dx

[Didusha]

 

Hello again.

I got my new Year's greetings from VCS in the shape of a claim form - the real thing.

Reading the instructions on the form the issue date is 5 days after the date in the form ( in this case 5th January), so it's either 9th or 10th(not sure whether the date on the form is counted as day one). I will read up the information available first on  how to work out the dates.

A couple of questions:

1. when it goes to court, do I get a say where the hearing is? Or, are  hearings now online?

2. In my defence do I need to submit any  evidence, such a copies of the bylaws etc.

 

Thank you

claim form vcs.pdf

 

 

[dx100uk]

please complete this

 

 

[Didusha]

 

 

 Which court you received the claim from ? Money Claims Online, County Court Business Centre, NN1 2LH

 

Name of the Claimant : Vehicle Control Services Limited

 

Claimants Solicitors: Elms Legal Limited

 

Date of issue – 05 January 2022

 

Date for AOS - 23 January 2022

 

Date to submit Defence - 04 February 2022

 

What is the claim for – 

 

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

 

2.The Defendant's vehicle, XXXX XXX, was identified in the Liverpool John Lennon Airport on the 18/01/2020 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited. At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions 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 the acceptance of the offer hereby entering into a contract by conduct.

 

4.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.

 

The Claimant seeks the recovery of the parking charge notice,

contractual costs and interest.

 

What is the value of the claim? £245

 

Amount Claimed £160

court fees £35

legal rep fees £50 

Total Amount £245

Edited January 8, 2022 by dx100uk
formatting and correction of defence filing date

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

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

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

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.

………….
 

there are 10's of vcs no stopping threads here

use our  enhanced google search box for:

no stopping claimform

 

and get reading up please.

 

the more you read the stronger we become.

 

[dx100uk]

please note the corrected date for defence filing 

[FTMDave]

23 hours ago, Didusha said:

1. when it goes to court, do I get a say where the hearing is? Or, are  hearings now online?

Hearings have been on-line since the COVID outbreak began, but this week we had a case where the court asked if the defendant preferred a face-to-face hearing or on-line.  In any case, if it's face-to-face, you get to decide which court, not Simple Simon.

 

23 hours ago, Didusha said:

2. In my defence do I need to submit any  evidence, such a copies of the bylaws etc.

Read up on other VCS claimform cases.  The defence is just brief & generic.  The time for full details is much further on at Witness Statement stage.

[lookinforinfo]

In addition to the roads at the airport being covered by Byelaws and more than likely be subject to the Road Traffic Act which means that the land is not relevant land from the regulations relating to the Protection of Freedoms Act 2012. That means that they cannot pursue you as the keeper of the vehicle. It is a pity that you have already declared that you were the driver  as they feel they can still win in court.

 

The NTK is also non compliant with PoFA but once again is of no use to you as you admitted you were the driver though I am surprised that given the Bye Laws and the Road Traffic Act, I am surprised that they insist that they can still pursue you as the keeper.

[Didusha]

Hello,

 

I have completed the acknowledgement of service as per above advice and have prepared the CPR 31.14 request using the template provided making adjustments only where necessary.

Could you please share your opinion before I send it off to ELMS?

I will copy the text in a separate post.

[dx100uk]

No please dont

What does it say in red at the top??!!

 

your dont need to adapt it at all just add yours and their details where required.

 

Send as is

 

dx

[Didusha]

Ok, thank you

Edited January 14, 2022 by Didusha
Unnecessary information

[dx100uk]

On 08/01/2022 at 19:54, dx100uk said:

 

there are 10's of vcs no stopping threads here

use our  enhanced google search box for:

no stopping claimform

 

and get reading up please.

 

the more you read stronger we become

 

is must now

[Didusha]

Thanks .

I am following a few recent posts whit a similar timeline to my claim and reading the answers there and  reading on preparing my defence.aw

 

When preparing the evidence at the witness statement stage, do I need a copy of the bylaws which I have personally requested with the date it was provided to me?

Just so I can start requesting information I will be needing soon.

 

I have found several FOI requests to Liverpool council re the airport bylaws available online. The copy of the bylaws is available as part of the reply to the above. Can this be used instead?

[dx100uk]

everything you need is already in threads here .

use it!

 

but you've a long way to go yet so ....

 

just concentrate on getting the defence right for now ready to file...

 

doing a good job.

 

dx

[Didusha]

Hello, just a quick update.

I have received my reply to CPR 31.14 request. 

Included are the contract between the landowner and  VCS and all communication between myself and VCS including my appeal.

 

Working on preparing my defence atm.

Can I share with you for opinion, once it is ready?

 

[dx100uk]

of course

and in time, redact anything that can ID YOU to them here , and scan up everything they've sent to one mass PDF.

 

dx

 

[Didusha]

Just to clarify, just my details are to be redacted, nothing from the contract between VCS and the airport, not sure how sensitive this information is, or if it matters?

Also the pack includes loads of signage examples( A4 size), do I include these as well? 

 

Thank you.