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Cabman666

VCS Spycar PCN claimform - No Stopping - Southend Airport

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Hi all,

 

First time on here so please be gentle !! It took me hours to get this far. I don't understand stickies etc, but here goes.

I have tried to understand previous posts but its all very confusing to me.

 

1 Date of the infringement

19th November 2019

 

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

27th November 2019

 

3 Date received

Not sure, but think it was probably 28th November 2019

 

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 - see attached documents

 

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

Yes - Unavailable as sent online. Think I probably admitted driving the vehicle, as I had not seen this forum at that time.

 

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

Yes - see attached documents

 

7 Who is the parking company?

VCS

 

8. Where exactly [carpark name and town]

Southend Airport

 

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

IAS

 

If you have received any other correspondence, please mention it here

NTK, Reply to Appeal, Demand for payment, Final Demand for payment Letter before Claim.- All attached as PDF's in one document

 

I received a parking charge notice (NTK) on 27/11/19, my vehicle having briefly stopped in the bus stop at Southend Airport for a matter of seconds on 19/11/19.

My son got out of the vehicle, and we realised we shouldn't have stopped, so drove away again.

 

Unfortunately I hadn't read this forum until after I appealed online. The appeal was knocked back ( see attached reply)

 

I am very confused as to whether or not I have a defence in light of the Beavis / Ward rulings, and seek advice as to my next course of action ?

Should I wait for the claims form ? 

 

Thanks in advance for any help or advice you may be able to offer.

 

VCS_Southend_Airport.pdf

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Hello and welcome to CAG. You've come to the right place. :)

 

Well done with the sticky information, it and your appeal are exactly what we need. Don't worry too much about appealing, it's a trap they try to set for you. It makes things a bit more difficult but it's not the end of the world.

 

Wait for the guys to comment, but we don't normally recommend doing anything unless and until you receive a Letter Before Claim headed as such.

 

Best, HB

 

PS If anyone isn't gentle with you, let me know and I'll have a word with them. :D

 

 

 


Illegitimi non carborundum

 

 

 

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The appeal probably identified you as the driver removing POFA protection, however, read up on these VCS No Stopping tickets, they can onlyact on a parking event due to bye laws  and have no Locus Standi to claim off you, they are not honest brokers, others will be along soon with appropriate advice, above all don't panic there are ways to see these charlatans off, but it takes time.


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Thanks Brassnecked.

will do

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100's of no stopping PCN threads here to read.

use our search.

get upto speed

 

as already advised, sit on your hands now until / unless you get a letter of claim 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi dx

 

Thanks for the advice.

 

I have read loads of the threads, giving me reason to believe I may have a defence because the road within Southend Airport is not " Relevant" land under POFA ? Anything else ?

 

I HAVE received a letter of claim. It was dated 28th February, and is in the attachments to this thread.

 

My hands are now numb from sitting upon them !!

 

Now what ?

 

 

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sorry about not noting you had the PAPLOC.

 

time then for the ericsbrother snotty/insulting letter that you have already seen in like vcs airport no stopping threads here

get off your hands now.

 

post it up 1st before sending for checking.

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx

 

will do

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Below is the PAP letter that I intend to send to VCS, having directly lifted and incorporated Ericsbrother's previous wording.

Should it be addressed to anybody specific ?

I cant see the merit in asking to see any documents ?

 

Thanks in advance.

 

Re – Parking Charge Notice at Southend Airport.

 

As the alleged debtor in this matter, I make the following points in compliance with the requirements of the Pre-Action Protocol of 1st October 2017.

 

Unfortunately for you I wasn’t born yesterday so I won’t be paying the demand to you, as you know what I know and that 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 the SRA rules of conduct and obey Civil Procedure as well. I know that may well be a first for you.

 

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

 

To reiterate those points for clarity.

 

1.     That part of Southend Airport is covered by its own Bylaws. The defendant therefore does not believe the claimant has the necessary authority and so there is no locus standi and cause for action against the alleged debtor.

 

2.     Signage used to purport as being an offer of contract is no such thing as it is prohibitive.

 

3.     Even if it were to be an offer, it would need to be read by a driver, thereby requiring a short pause from driving to be able to safely and properly read the signs before deciding whether or not to accept the terms of that offer to accept a parking contract (not merely stopping).A ten minute grace period is recommended by law, and codes of practice used by parking companies.

 

4.     The POFA 2012 limits any charge to a specified sum (£100). NOT £160.00

 

In light of the above I believe the actions of VCS to be vexatious in nature, and that the demand of VCS constitutes an unlawful penalty.

 

I have just realised that I referenced the SRA when no solicitor is involved-yet !!

 

I shall amend that part before sending it off.

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Yes, you're right, amend the SRA bit.  VCS used to use solicitors, but the boss is a big man now and can lose his own court cases rather than getting solicitors to lose them for him.

 

Address it to him on the envelope at VCS address (Simon Renshaw-Smith).  And start your letter with "Dear Simple Simon".

 

Up to you, but I'd cut out everything after "Liverpool CC Dec 2016".  You've already made those points above and Simon knows full well you don't owe any money, it's just he's a greedy get and doesn't care.  What you've written there would be more suitable in a Witness Statement for a court.


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Hi Dave

I will leave it at the snotty/insulting letter then, and post it tomorrow and get a receipt for posting.

Thanks all.

Will post any further correspondence.

 

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the letter you cut and pasted was to a firm of solicitors representing these bandits before they got fed up with them.

As for the detail about the event, we dont put that because they knwo they are liars thd theives already and it also dilutes the effect of the insult.

try tweaking the wording so Simon doenst get bored with the same letter. To do this you will need to lern a bit more about prohibitve signage and unlawful penalties

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Hi

 

Thanks for that Ericsbrother. I take your point.

 

Flatteringly for you it was suggested that I stick to your snotty letter at this stage, so that’s what I have done, and posted it.

 

As long as it has the desired effect then so be it 👍🏻

 

Thanks anyway, I shall bear in mind for the future.

 

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I write dozens of snotty letters and am glad they are of use  but you must read things carefully to make sure they fit your occasion.

Sometimes you need a black tie snotty letter and other times a smart casual insult will do

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Yes indeed 😂

Give Simon the run of the mill snotty !!!

dont want him getting above his station do we 😂

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so a simple

 

Dear Simple Simon

you know that no stopping isnt an offer of a parking contract but you seem determined to lose at least another £100 in costs reminding yourself of this obvious fact.

 

As the POFA cannot apply you also owe me £500 for unlawful processing of my data under the GDPR. Vidall Hall v Google is the precedent but VCS v Phillip, Liverpool CC dec 2016 sets the quantum. remember that case?

I sure that you will learn this lesson at some point and I am happy to give you some extra tuition.

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😂

already sent it a couple of days ago, but will bear this in mind for future

Thanks

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Hi all

Today I received a court claim form for the alleged contravention above.

I shall upload it later, and any advice greatly appreciated.

 

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Please give us the details here

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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no need to see it just do the Q&A..

hope you've been reading up in here the last 3mts downtime...??


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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We would like to see the particulars of claim to see if the wording has changed from the normal. Simon hs been tweaking things to try and make it look like he has some authority to create laws to suit his situation.

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Hi all

Here are the answers as requested.

I have acknowledged the claim, but not yet submitted any defence.

Thanks in advance.

 

Name of the Claimant :Vehicle Control Services Ltd, 2 Europa Court,Sheffield Business Park,, Sheffield,S9 1XE

 

Claimants Solicitors:   DCB Legal Ltd,Direct House, Runcorn. WA7 1UG

 

Date of issue –02 June 2020

 

Date for AOS - Completed online on 19/06/2020

 

Date to submit Defence - 03/07/2020

 

What is the claim for – 

 

1. The Defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle ****** at Southend Airport.

 

2. The PCN details are ********

 

3. The PCN(s) was issued on private landowned or managed by C. The vehicle was parked in breach of the Terms on C's signs (the Contract), thus incurring the PCN(s).

 

4. The driver agreed to pay within 28 daysbut did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.

 

AND THE CLAIMANT CLAIMS.

 

What is the value of the claim? - 

1.£160 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.

3. Costs and Court Fees

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So he's using the driver or keeper meme, and adding in the Unicorn Feed tax as usual,  But that is mistake no 1


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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corrected dates for AOS and defence filing dates 

 

who signed the claimform?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Claim Form signed by Yasmin Mia ( Claimants Legal Rep )

 

Yasmin Mia is the senior partner of DCB Legal Ltd heading up a team of lawyers and paralegals and support staff.

 

dx 100UK

 

I actually completed the AOS online today. Does that affect my defence filing date ?

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