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VCS Spycar PCN claimform - No Stopping - Southend Airport


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no just std court procedure

get reading like no stopping threads here 

get upto speed.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Hi All

 

Received a notice of allocation from my local County Court, for January 2021.

 

I am beginning to think about my witness statement, and upon looking at the original NTK , note that the alleged contravention was actually Rule 47 ( Bus stop / Stand)

 

1. What exactly is that contravention of ?   Rule 47 of what ? ??? It is not specified on the notice to keeper.

2. Will this make any difference to my claim ?

3. A year ago now, so I cannot remember a bus stop, and the pictures on the NTK do not help, and its likely to have changed since then even if i go to take pictures.

 

Any advice  ?

 

Thanks

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1, no such rule on private land

2. no.

3. no need too.

 

plenty of no stopping witness statements here to base yours upon.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi all

Things are progressing !!

I checked with my local court, and VCS paid their hearing fee in time, so it looks like we are set to go to court !

I have typed a draft witness statement which I will attach below ( redacted).

The bundles must be with the court, and claimant by 6th January, so any suggested amendments would be appreciated as soon as poss.

Thanks and Happy New Year 🤦‍♂️

 

My Witness Statement Redacted.pdf

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Have converted your docx to pdf, as is safer

  • Like 1

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What you've written is excellent and probably enough to see Simon off, but I would flesh it out a bit.  Usually judges pick up on certain points to get the case over quickly, so the more ammo you have the better.  Kitchen sink time!

 

Your point 9 is really two points, so stick in a new point after point 10.  "The above-mentioned CPR 31.14 request asked for proof of planning permission for the claimant's signage under the town and country planning act.  This was not produced and I do not believe that the claimant possesses planning permission for their signs which is a criminal offence and makes it impossible for a contract to be formed".  This also ties in with your point 10 that you didn't enter into a contract with VCS.

 

I would also add another point about the Unicorn Food Tax.  In his letter to you Simon states "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" yet the claim is for £160.  VCS are abusing the court procedure by artificially inflating their claim.

 

Lastly, are you absolutely sure that where you stopped is covered by the RTA and not by bye-laws?  Either option would be fatal for Simon, but it is essential to get this bit right.

We could do with some help from you.

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Hi Dave

Yes I am sure the access road fits the legal definition of a public road and highway.

I have today received by email VCS' Claimants bundle. I have attached the VCS service agreement with the airport in PDF Format - redacted.

I cant see anywhere in there that VCS are permitted to form a contract.

I will be sending them my bundle tomorrow, by email, as I have covid, and am not allowed out to post it properly. I got this authorised by the court too.

Any observations overnight would be appreciated for any last minute tweaks to my statement.

 

Thanks in advance

 

Oh My bundle must be with them and the court by 7/1 so its a bit tight now

claimants WS .pdf

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to prevent any silly mistakes

we will need the full claimants ws inc exhibits.

 

 

i love the way, as with the other airports contracts here,

...in one line they states

 

No disabled/invalid driver exemptions will apply

 

then:

 

PARKED IN A DISABLED SPACE WITHOUT CLEARLY DISPLAYING A VALID DISABLED PERSONS BADGE OR
BLUE BADGE REPLACEMENT DOCUMENT ISSUED BY THE CAR PARK KIOSK

 

oh simon ...really??

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What the hell does "Had the Defendant of paid" mean?  It's not even English.

 

So in (25) they state they are allowed to recover court action costs.  Indeed they are.  £50 legal costs + £25 claim fee + £25 hearing fee.  They are claiming those costs.  The £60 Unicorn Food Tax is added on as well, they are clearly claiming court action costs twice.

 

Usual "I may not be able to attend" tripe.  Have they never heard of things called "diaries" where you can list your engagements and work out if you're free or not?!

 

Good luck with seeing off COVID, plus the other virus that particularly infests areas around airports 😉

We could do with some help from you.

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"Had the Defendant of paid" that will garner a laugh from the Judge, once that WS is demolished.  That is a desperate bid to justify the Unicorn Feed tax.

  • Like 1

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full claimants WS from our friend james is in the OP's last post

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are all in the file in your last but one post 

i've merged everything.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That's a cracking Witness Statement.  Straight to the point, unlike VCS's pages & pages of drivel.

 

Just to make it crystal clear to the judge, I would tweak point 10

 

10. The above-mentioned CPR 31.14 request asked for proof of planning permission for the claimant's signage under the town and country planning act. This was not produced, and I do not believe that the claimant possesses planning permission for their signs which makes it impossible for a contract to be formed as lack of planning permission is a criminal offence.

We could do with some help from you.

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Im not sure what the following refers to or how it fits in ? 

 

Quote

It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover, because only an order can be made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...'' An extract of CPR Rule 3.3(4) of the Civil Procedure Rules 1998 is produced as exhibit

 

Andy

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Think its a reference to the Unicorn feed tax. might be better to tone that down

We could do with some help from you.

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

 

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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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CPR 3 (3.4) is with regards to Court Case Management Powers and the court making orders of its own initiative ...not changing the amount claimed. A Judge can do that anyway in summary of his judgment if the defendants pleadings convinces him to do same.

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If you wish to counter this magical none existence extra fee...counter it with CPR 16 (5.) 4

 

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation

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Come in useful for others reading your topic and considering adapting your statement...also another point to bear in mind you cant use CPR 31.14 to refer to points that are not mentioned within the claimant's particulars...

We could do with some help from you.

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

 

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