VCS/ELMS PCN PAPLOC Now claimform - No Stopping (at Zebra Crossing!!) - at bristol airport

[Airportdriver]

very Similar thread to Hellabubba

 

Bristol airport. Stopped at zebra crossing as people crossing. Passenger got out. Zapped and sent PCN

 

Photo supplied shows people crossing in front of car and very difficult to see potentially someone getting out as taken from distance.

 

Also VCS camera car tried to entrap me at same visit by stopping in front of my car as I drove out of airport to encourage me to stop so a member of my family who was on pavement would jump in as I stopped! I was aware and waved them away!

 

as per previous threads do II still wait for letter of claim or complain now because oF photo evidence of people crossing?
 

 

1 Date of the infringement 21/02/2020

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 25/02/20

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

 

3 Date received  27/02/20

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [No]

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? No

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

 

7 Who is the parking company? VCS

 

8. Where exactly [Bristol Airport]

 

For either option, does it say which appeals body they operate under. -says to contact myparkingcharge.co.uk but no mention of parking body

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE  it’s IAS

 

If you have received any other correspondence, please mention it here  received final demand to pay £160 received 30/04/2020

 

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

 

[dx100uk]

you need to remove pers details from the PDF

I've removed it

 

as for the speculative invoice

do NOT appeal

await a possible letter of claim from simple simon.

though a little dickie bird said he lost 4 'no stopping' claims on the trot the other day/week.

and has discontinued many other 'no stopping' court claim as well.

 

dx

[ericsbrother]

Agree, wait for them to send the final letter before action (lba,  lbc) the tell them what a bunch of twonks they are and also report them to the ICO for breach of the GDPR and copy complaint to the DVLA for breach of the KADOE agreement.

they are well and truly stuffed but make them spend their money first

[Airportdriver]

Many Thanks for the advice

 

Yesterday I received the letter before claim. Time for the snotty letter? Do I address to VCS or Simple Simon himself?

 

letter also contained a reply form asking name and address with a box to dispute the debt. Should I fill that in or just send  snotty letter?

 

[dx100uk]

you ignore their reply form totally and respond with a snotty letter by day 30

 

I would HOLD on this AND LET PEOPLE ADVISE TEXT OF IT SOON...

as you've probably seen there have been pretty major devs.recently!!  re OPS.

 

DX

[ericsbrother]

read the judgement of One Parking Solution v W at Lewes CC 24/4/20, it is in this forum.

that explains most of the points around a parking contract and as "no stopping" isnt an offer of parking terms their demand is an unlawful penalty and doomed to fail regardless of how they and their ATA, the IPC dress it up.

They know this but they need to lie and cheat and bully people into payuing up because they have a deal to "manage" the roads at airports butas they are covered by byelaws they have nwohting they can legally use to get people to pay them as they have no "locus standi".

they get a decent living out of this by sheer weight of numbers of demands. many peopel dont know better so pay up and then moan about it afterwards. many lawyers will give a cursory galnce at the matter and say "it is a contracual charge" without considering the performace of the contract.

i can sell you London bridge but I cant preform to my side of the contract becaue I dont own it so am reliant on someone else who does own it allowing me to sell it.

Stockbrokers and estate Agents can sell their stuff because they ahve the agreement of someone who does own them to sell but that doesnt apply here because the byelaws prevent that assignment to the cowboys.

[brassnecked]

Also as pedestrians were crossing and that was the purpose of stopping, he's on to a loser even if a passenger decided to bail out there.

 

The judgment in the case ericbrother mentioned goes into detail what is and isn't parking, so using a mention of that case and the paragraph numbers that contain it will bite Simple on the bum, if he did try court.

[ericsbrother]

actions of passenger nowt to do with driver, 

they cant argue that your purpose was to act in a cerain manner when you were clearly stopped at a zebra crossing.

 

Same applies if you are at a red light on a road that is a red route.

if your passenger leaps out or even climbs in to your vehicle it isnt a no stopping violation.

 

Red routes arent on private land even though the airports like red paint so even the damnd format is unlawful

[Airportdriver]

I thought I would reply something like this:

 

Dear Simple Simon,

 

if someone had looked at the images they would have noticed that the car was stopped at a peculiar road marking this is commonly known as a zebra crossing. Further study will also demonstrate that Clearly there are pedestrians crossing the zebra crossing at which the car is stopped. Hitting and killing the pedestrians is illegal. Stopping at the crossing is mandatory not illegal.

 

I don’t know what planet you come from but this one it is a universally recognised road marking and if you decide to carry on and prosecute this claim you will definitely loose.

 

I look forward to you wasting your money with this one, the local papers as yet dont have a page specifically for comic strips but I'm sure your supposed PARKING charge notice that this will be a great starter for them.

 

I am sure you are also aware of the recent court case One Parking Solution v Ms W - claim number F0HM9E9Z (Lewes County Court, 5/2/2020) In which the judge was damning of the actions of companies such as yours.

 

do I just enter the PCN reference number and not sign?
 

Many thanks

[FTMDave]

Yes, don't sign. 

 

We should have a poll for which snotty letter is the snottiest   Well done!

 

"Lose" not "loose" (sorry, I'm an English teacher!)

 

As Simon is interested in only one thing, £££, maybe after "lose" add "whereupon I will go for a full costs order under CPR Part 27.14(2)(g) and spend the money on a nice post-lockdown holiday all the time laughing at you for paying for it" or something similar.

[brassnecked]

Excellent like it

[honeybee13]

Thread reopened at the OP's request.

 

HB

[Airportdriver]

I thought they had given up but unfortunately I have now received a county court claim form. I have  defended the claim via the website and sent a CPR 31 letter as per the template.

 

I would think I have a good defence as my car is stopped at a zebra crossing with pedestrians on it.

 

However I am concerned as I wont have time to file a full defence with witness statements etc should it come to that. 
 

is it likely/ possible for VCS/ Elms to pull out of the process at this stage? 

 

 

[honeybee13]

Hi.Don't worry, we know what to do with this.

 

When you say you defended the claim, do you mean you went onto MCOL and said you would 'defend all'?

 

Please let us have the details from the court claim sticky and we'll advise.

 

HB

[brassnecked]

At thisd stage only needs a 3 line defence, anything mor is for WS stage if it gets that far.  The stopped at Zebra crossing bit might well bite them as it can't be a parking event nor a prohibition, especially if pedestrians are crossing.  Did they sent pics of your motor stopped with them crossing?

[Airportdriver]

Yes went on MCOL and said defend all. Have submitted  brief defence stating had stopped at zebra crossing with people crossing.

 

Name of the Claimant :

 

Claimants Solicitors: ELMS legal limited

 

Date of issue – 04/03/21

 

Date for AOS - already submitted defence

 

Date to submit Defence  submitted

 

 

What is the claim for : 

 

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

 

2.The defendants vehicle xxxxx was identified in the Bristol Airport on the 21/02/2020 in breach of the advertised terms and conditions, namely stopping to pick up/ drop off in a restricted zone.

 

3.At all material times the defendant was the registered keeper and or driver.

 

4.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The  signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued ,

 

5.and the defendant has failed to settle the outstanding liability.

The claimant seeks the recovery of the parking charge, contractual costs and interest.

 

 

What is the value of the claim. 

 

 

Amount Claimed       £160

court fees                   £25

legal rep fees              £50

Total Amount               £235

 

 

in the original claim from VCS they sent pics of car stopped at zebra crossing with people crossing. Passenger door is open.

 

 

[dx100uk]

we will need that defence please 

you should have come here 1st...

 

have you sent CPR to Elms?
 

[FTMDave]

Simple Simon has a lot of previous of starting hopeless court cases (after all it can be done in a minute on-line and only costs £25) counting on motorists wetting themselves and coughing up, and presumably & sadly a lot do.

 

He can always discontinue if the motorist fights back, and that may happen in your case, but you can't bank on that, you have to plan for a court case.

 

Please post up what others have asked, plus the pics you mention.

 

It's a tad worrying you have already filed your defence.

[brassnecked]

Yes we need to see what you have filed as defence, its always Keep it Simple or if it goes to WS it gives Simple time to find stuff to rebut it that's garbage but plausible in a judge lottery,

[Airportdriver]

Here is defence

 

i have to resubmit as I signed form not my wife who is registered keeper.

 

I was the driver at the time but all correspondence has been to my wife who is registered keeper.

Defence

The claimant claims that my vehicle stopped in Bristol airport to
pick up/ drop off in a restricted zone.

My vehicle was however stopped at a zebra crossing in Bristol
airport whilst some pedestrians crossed in front of the vehicle on
The zebra crossing.

The claimant in their claim against me has even provided
photographic evidence that clearly demonstrates my vehicle stopped
At a zebra crossing with pedestrians directly in front of the car
Already in the middle of the road.

The Road traffic act 1960 makes it an offence not to stop at a
zebra crossing whilst pedestrians are using it. If the vehicle had
not stopped the pedestrians would have been killed or injured.

 

 

[brassnecked]

So the passenger got out, Driver or Keeper not responsible for the actions of a passenger

[dx100uk]

what do you mean by resubmit?

how did you file that by mail using the form and WHEN or by MCOL

and thats not what you should be filing...

 

dx

 

On 10/03/2021 at 21:33, dx100uk said:

have you sent CPR to Elms?
 

 

[Airportdriver]

Initially submitted by MCOL but returned as I signed rather than wife. Asked to resubmit with her signature by post.

 

CPR being posted tomorrow.

[FTMDave]

You've got a second bite of the cherry.

 

What happens if the judge doesn't agree about the zebra crossing?  You lose the case.

 

If instead you file the generic defence which is all over the site, in your WS you can bring up prohibition, bye-laws, Unicorn Food Tax, them suing the wrong person, etc.  Loads more reasons to ridicule the claim.  A much better strategy.

[dx100uk]

so not due via mcol till 5th april 

pop up on mcol and check the status of the claim.

 

dx