VCS PCN PAPLOC - Now Claimform - No Stopping - Southend Airport pick up/drop off

[Spurs20]

Hi there.

New to this forum stuff.

 

I also received a charge from vcs when I picked my mum up from Southend Airport and got hit with an initial £100 fine.

With pictures of my car, and 1 of me outside my car with my door open.

Not any of my mum near the car whatsoever.

 

Out of anger I replied to them (appealed) stating that I had stopped because my car malfunctioned forcing me to stop and get out to check everything was alright. All of 20seconds of course. 

obviously avoiding causing an accident and injuring myself or others.

 

The date of the incident was 25/11/19 and received the original fine around 3/4 weeks later.

 

I have received today a letter asking for £160 now and being threatened of court and ccj.

I have no intention whatsoever on paying these clowns but also don't want any ccj against my name.

 

Can someone please be ever so kind as to what am I to do next.

Reply stating lack of evedence etc or just ignore.

 

Also sorry it doesn't say fine.

 

I have a " letter before claim" 

 

Many thanks. 

[honeybee13]

Hello and welcome to CAG.

 

So we can give you the right advice, can you read the forum sticky and post up the questions from it together with your answers please?

 

 

Is the letter headed Letter Before Claim/Action?

 

Also, can you show us what you said in your appeal?

 

Best, HB

 

[Spurs20]

I am just at work atm. But will put the sticky response up when I get home. 

 

In the meantime I can't find my appeal to them. But I will upload their response. 

 

Southend Airport Post Code: SS2 6YF
Contravention Date: 25/11/2019

We refer to your appeal in respect of the above Charge Notice (CN) received on 13/12/2019.

Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows:

The signs at the crossing, clearly state "No Pick Up or Drop Off", giving clear notice that the land is private property and that a Charge of £100 will be levied if vehicles do stop.

 

The above detailed vehicle picked up in a zone where both are prohibited and the driver became liable to pay that Charge. 

In your appeal you have confirmed to us that on the date in question, you stopped your vehicle on the access road, which is an area where stopping is not permitted.

A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped to collect a passenger on the access road where restrictions apply.

There are 87 high profile signs advising drivers not to stop and warning that if a driver does stop, a charge of £100 is payable. The signs exceed recognised industry standards, with some as large as 2m by 1.1m (6ft 6in by 3ft 7in) which clearly state "No Stopping" alongside the nationally recognised Highway Code symbol for a Clearway (No Stopping).

 

Furthermore, the signage on the approach road is reflective and positioned to face oncoming vehicles and the text size used is relative to the average approach speed of a vehicle in relation to the speed limit in force at that location.

We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the Charge will stand;

 

photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk.

[dx100uk]

usual rubbish.

 

dx

 

[Spurs20]

Pretty much yeah. Like I said. I replied through anger instead of just ignoring it. Shall I just ignore then or continue to dispute. 

[dx100uk]

you should never appeal in the 1st place

get the q & a link done please

then we will advise further.

 

 

[ericsbrother]

as the signs are so big perhaps a trawl through Southend Council planning portal is in order

 

obviously I have done this and there is nothing there that fits, the car parks didnt exist until last year and no applications since

[Spurs20]

Hello there.

Don't know if this thread is still live.

But regarding my current stance with the penalty I unfairly received.

I was adamant I'm not paying it.

 

I received a County Court business centre letter saying I must pay or respond in14days.this was 2nd June.

I don't know whether to fill the dispute part or not.

 

Also the description of offence has been changed and also they're now saying that I agreed to pay and failed to.

Which is utter crap.

Any help would be much appreciated 

[brassnecked]

It looks like a claimform if its from Northampton Business centre if you could read the linked sticky, and provide the information requested then we can advise further, which will be to register on mCOL and acknowledge the claim with an intention to defend all, further advice as soon as you follow instructions on sticky

 

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

[FTMDave]

I've moved your posts to your own thread.  Ignore what I mentioned about Excel, that advice was related to the other thread.

[lookinforinfo]

I wouldn't worry too much about their stupidity about claiming you agreed to pay. this might apply if they were able to prove there was a contract between you and them. You cannot form a contract when that contract is not to park there.

 

A contract might be formed if their sign said that you could park on their land for free or for a stipulated fee over a period of time.  In your case they have ben unable to form a contract with you nor do they  appear to have permission even from the Council to erect the signage.But that doesn't mean that they won't take you to Court and possibly win unless you can get across to the Judge  what they are doing wrong.

 

Which is why we asked you to read and complete the questions asked on post 10. Then we can give you best advice on how to send them on their way with possibly a bit of spending money from them also.

[Spurs20]

Hi all. I have all relevant info as stated in post 10.here it goes:

 

Name of claimant. Vehicle control services. 

 

Claimants solicitors, DCB legal Ltd. 

 

Date of issue, 02/12/19.

 

Date for acknowledgement, I received this pcn on 18/12/19

 

Date to submit defence. Gave me 14 days to appeal.

Any later all appeals would be discarded

 

What's the claim for, Section 104, stopping to pick up/drop off in a restricted zone. 

 

What is the value of claim, 

Amount claimed-£166.63

Court fee-£25.00

Legal rep-£50.00

Total-£241.63.

 

Please note.

The photo evidence they supplied was 2 still images.

1 showing me stopping at a zebra crossing with me stepping out of my door.

2. Just a still of me in my vehicle. 

 

Also vcs are stating on the ccbc letter that I agreed to pay the fine but failed to do so.

This is not true.

I did not agree anything such. 

 

 

[dx100uk]

can we have this questionnaire answered with details from the claimform you received from northants bulk court please

not details from vcs's letters.

 

and once again..it is not a fine

a private parking company can't fine you.

it's a speculative invoice.

 

[Spurs20]

Sure. All details are from the county court business centre. 

 

Name of claimant, Vehicle control services

 

Name of solicitors, Dcb legal ltd

 

Date of issue, 02/06/20

 

Date of acknowledgement - 19/06/2020

 

date for defence filing 03/07/2020

 

What is the claim for. 

 

1.the defendant is indebted to the claimant for a parking charge issued to vehicle #*#* at Southend Airport. 2.the pcn details are 25/11/19 vcs3*****

 

3.the pcn was issued on private land owned or managed by claimant. The vehicle was parked in breach of the terms and conditions signs (the contract), thus incurring the pcn(s). 

 

4. The driver agreed to pay within 28days but did not. Defendant is liable as the driver or keeper. Despite requests, the pcn is outstanding. The contract entitles claimant to damages.

 

And the claimant claims

1.£160 being the total of the pcn and damages 

2.interest at a rate of 8%per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of 0.04p until judgment or sooner payment. 

3.costs and court fees. 

 

Value £241.63

[dx100uk]

please note your corrected date for defence filing above

 

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]

https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-on-receipt-of-a-ppc-private-land-parking-court-claim/

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]

[Spurs20]

Defence date noted.

Thank you very much for this.

I will get this done over this weekend.

 

Once I have done all above is that kind of it for me.

See what they say after that? 

[dx100uk]

just type no need to hit quote everytime…..

 

whats next..

you get reading up...

 

there are 100's of 'no stopping claimform' threads here to read

use our search top right

or our enhanced google search box.

 

 

[ericsbrother]

The key thing is to get things done in the right order at the right time.

All you have to do at the moment is to acknowledge the claim and then you buy more time to enter an outline defence. The acknowledgement should just tick the box defend all and no to mediation.

 

As they have paid half of the claim fee they wont be contacting you yet as they hope that you wet yourself and pay up. Once you have put in a defence they will get to see it and then they will have to think aout whether they have just wasted another £75 on a solicitor who cant make a silk purse out of a sows ear or whether they have some new wheeze they think will win the day.

 

Defence will be bullet points so things like

no land covered by its own byeleaws so locus standi,

lack of an offer of a contract so no breach of contract,

signage is prohibitive so claim is an unlawful penalty etc.

 

later on we will help you address all of these points in your witness statement and at that point VCS usually bottle it and drop the calim rather than get clobbered in such a way they cant send out demands to any other poor sod who goes to an airport.

 

It is just bullying and coercion, not a genuine debt based on an agreement

[Spurs20]

OK.

By experience and what you have seen in the past.

 

Do I need to worry or.....?

 

 

 

[dx100uk]

airport byelaws null their claim 

 

whats next..

you get reading up...

 

there are 100's of 'no stopping claimform' threads here to read

use our search top right

or our enhanced google search box.

 

 

[Gick]

Just a brief comment on - Also vcs are stating on the ccbc letter that I agreed to pay the fine but failed to do so. 

 This is just their interpretation of contract law as it may appear somewhere on their signage. Just think of it like a cookie, 'if you continue on this page you agree etc'

Don't get hung up on it!

[brassnecked]

Gick nails that bit, they are setting the scene for whatever garbage wording on their signs implies agreement to pay their charge  they will include in any Witness Statement. that will be able to be callenged at the appropriate time, so nothing to get hung up on.

[Spurs20]

Ah good. To be fair the only fines/penalties I'd pay is from the council or police.

In regards to private companies like this I just never knew what protocol had to be done and take place.

Thank god for this forum.

Everyone's been soo helpful. 

[dx100uk]

you need to get out of the mindset that this is a fine and/or a penalty..it is NOT.

and neither did VCS say this :

 

Also vcs are stating on the ccbc letter that I agreed to pay the fine but failed to do so. 

[Spurs20]

Yeah you're right. Thanks