VCS Spycar PCN PAPLOC - now claimform - no stopping - East Midlands Airport

[Alaska101]

the case has been assigned to Small court and VCS sent me a comms asking if I am willing to pay $£82.5 as they are more likely to win it (attached).

 

Also received their Witness Statement and Evidence (Attached).

 

Court has also sent through the date for hearing (Attached).

 

On top of that, I am in the process of relocating to the Middle East for a new job.

 

Help from you lot has been tremendously useful so far.

 

Any further guidance would be appreciated. 

 

 

8. VCS Witness Statement & Evidence - VCS_Redacted.pdf

8. VCS Negotiation Letter_Redacted.pdf 8. Notice of Trial Date_Redacted.pdf

[FTMDave]

OK, so you need to prepare your WS.  There is a cracking VCS No Stopping WS in posts 83-84 at  https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/page/4/#comments

 

Also read here  https://www.consumeractiongroup.co.uk/topic/419686-vcs-anpr-pcn-paploc-now-claimform-double-dipping-st-marys-gate-retail-park-s1-4qz/page/3/#comments  from post 71 to the end of the thread.

[FTMDave]

So, Simon writes to you and says he's representing himself, but then sticks in £50 legal costs.  That's to be chopped off the claim for a start.

 

This poor company that just scrapes by and is forced to add on £60 Unicorn Food Tax because they know lots about parking but nothing about legal matters not only have a Litigation Department (letter reference and e-mail address too) but employ two paralegals!  Not only is there Wali, but Asheed too! 

 

Is the September court date likely to cause you problems given your relocation?

[brassnecked]

If he's offering to settle he must have squeaky cheeks the team will dissect his WS and help point you in the right direction.

[Alaska101]

ok cool @FTMDave i am on it. yes relocating there till foreseeable future so not sure how will be able to attend the hearing. Is it possible to  request an online hearing?

[Alaska101]

2 hours ago, Alaska101 said:

ok cool @FTMDave i am on it. yes relocating there till foreseeable future so not sure how will be able to attend the hearing. Is it possible to  request an online hearing?

mrs is staying back until her visa etc. is sorted and should be there in 2 months. so she should  be able to send/receive posts etc till mid of Aug-21

[FTMDave]

It's written that the hearing will be "by video conference (CVP)" so presumably you'll be OK.

 

However, I'm not 100% sure with all these COVID changes being new.  Probably best to give the court a ring to be sure.

 

Will your snail mail still get picked up between mid-August and the court date of 29 September?

[FTMDave]

Regarding the WS, well Ambreen is at least not as repetitive as Wali, so small mercies and all that.

 

There isn't much substance to it - it boils down to "We put a load of signs up mate".

 

Point 8: "No stopping" is a prohibition, not a contract.

 

Point 22: the IPC, the all-powerful arbiters & creators of the multiverse, have said we're right so we must be right.

 

Use the two WSs I posted links to as the basis for pulling VCS to pieces.  In the part about the Unicorn Food Tax add that Simon has also added £50 legal costs yet is representing himself (include as evidence the April letter you uploaded in post 72).

[brassnecked]

That letter kills his legal costs and also sheds doubt on the veracity of the whole claim in some ways.

[lookinforinfo]

I've had a look at the WS-usual drivel of lies, misdirection etc. using their numbers listed on their WS I will point out what I can see is wrong with their case.

 

The Contract  

 

7] There can be no contract.

Under the Airports Act 1986  63 2[d] (d) for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;

 

the roads at all airports are either covered by the Road Traffic Act or the airport Byelaws. Thus it is not relevant land and VCS do not have any power to issue PCNs on it regardless of having a contract with the East Midlands airport. In any event  EMA are NOT the landowners as confirmed by airport technology

 

"Located in the town of Castle Donington in north-west Leicestershire, East Midlands Airport is about eight miles from the city of Derby and within 20 miles of Nottingham and Leicester.

 

It is owned by Manchester Airports Group, which is itself owned by the ten metropolitan boroughs of Greater Manchester."

 

East Midlands Airport - Airport Technology

WWW.AIRPORT-TECHNOLOGY.COM

 

 

7] It follows on therefore that VCS should know that EMA are not the owners and nor is the Manchester Airports Group and even if MAG were the owners, there is no link from them to EMA. Therefore their statement that they have a contract is false.

 

So why Arsheed has signed that his account is truthful is beyond me.

 

In any event a contract to be valid has to be signed by both parties. VCS has not signed.  And Paul Goodwin who allegedly signed for EMA was, according to Linked in had ceased to be head of Procurement and Contracts had left that job in 2017. 

 

Furthermore the signage was there illegally.

There has been no permission granted by the local council under the Town and Country [Advertisements ] Regulations 2007.

 

This puts VCS in breach of their Code of Conduct which they signed to confirm that they complied with all legislation. It also puts them in breach of their agreement with the DVLA which should mean that they are barred from receiving data from the DVLA as confirmed by Lord Sumtion in the Parking Eye V Beavis Supreme Court which all parking companies quote that case ad nauseam regardless of its relevance.

 

There is no question that with all these facts outlined above that VCS had no right to pursue the Defendant and has held itself up to breaching the Defendants GDPR [where even a modest breach commands around £750 being granted to the Defendant-and this is no modest breach in my opinion.]

 

It is extremely unlikely that the paralegal will dare set foot in Court since his statement is tantamount to perjury and it is about time  the abuses by parking companies @legal@ departments was investigated.

 

8] Not only is there no contract here but even if there were, "No Stopping" is prohibitive and cannot be a contract.

 

9] there was no contract to enter into. The land is not relevant land. VCS are trying to pull the wool over the eyes of the Court.

 

10 & 11] no matter how often the Claimant talks of Terms and Conditions and the breaking of them, there was no contract involved.

 

Breach of Contract

12] Jopson v Homeguard was a Judges' definition of what constitutes parking. VCS has a contract with the DVLA for parking matters. Stopping is not parking so VCS should not be allowed to obtain DVLA data for no parking claims. In any case the contract with EMA does not mention that VCS can take motorists to Court.

 

I will look at their other points made tomorrow.

[lookinforinfo]

I was trying to find your Notice to keeper AKA as your first PCN from VCS if it wasn't on your windscreen.

 

No mention either of whether they are pursuing you as the driver or keeper in their WS.

 

If you haven't already posted up these details, could you please do so to help with your case.

 

[dx100uk]

On 31/05/2020 at 16:05, Alaska101 said:

For PCN's received through the post [ ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 24-Feb-20

 

 

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

 

3 Date received 12-Mar-20

 

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. already uploaded alongside my 2nd post.

 

6 Have you appealed? [Y/N?] post up your appeal] Yes. It was done online on myparkingcharge.co.uk but unable to find now as it says this ticket is not valid. I had asked the PCN to be cancelled on the basis that plot where I parked the car at 05:05 in the morning was away from the main road and away from double red lines.

 

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

 

We refer to your appeal in respect of the above Charge Notice (CN) received on 23/03/2020.

26/03/2020

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 entrance to the East Midlands International Airport and the access roads within, clearly state "No Stopping", 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 stopped in a zone where stopping is 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 drop off a passenger on the access road where restrictions apply.

 

There are over 240 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..

 

7 Who is the parking company? VCS 

 

8. Where exactly [carpark name and town] East Midlands Airport, castle Donington, DE74 2TQ 

 

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

 

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

Received 02 more comms titled "Demand for Payment" and "Final Demand" before the LBC.

in demand for payment letter they have made a reference to "ParkingEye Limited v Beavis (2015} UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable."

 

ALL_VCS_Correspondence_(Redacted).pdf 2.16 MB · 2 downloads

 

[Alaska101]

@FTMDave I am thinking for putting a redirection in place. on Page 1 of NTD it says trial by "video conference" and then on Page 4 "Notice of Allocation to Small Claims Track" it says the hearing will take place at the court at 10:00 AM. So not sure whats going on. I will call the court to confirm as advised. 

 

20 hours ago, brassnecked said:

That letter kills his legal costs and also sheds doubt on the veracity of the whole claim in some ways.

How is that?

 

 

Thank You guys so much. I have a question for all of you

@FTMDave@lookinforinfo@brassnecked@dx100uk

 

HOW THE HELL Do you guys manage to get through all the paper work on this huge website? What motivates you? 

Gosh I could never do it!

 

I hope you guys dont get offended but I would like to pay £100 plus expenses to anyone of you who can represent me in the court and produce the Witness Statement and Evidence.

 

I have all the information just do not have the time to sit down and compile the WS and the evidence bit. 

[brassnecked]

He has added Legal Costs, which are not chargeable to any debt as he is representing himself in effect.

[Alaska101]

cool thank you

[dx100uk]

we cant and nor can anyone represent you in court

 

better to donate the money to us if you win.

[FTMDave]

If you look at the first of the two links in post 78, there is a WS just about ready to use already there, from a case very, very similar to yours.

 

It would be just a matter of adding some stuff where appropriate from the second link in post 78, and lookinforinfo's excellent advice in post 86.

 

Probably a couple of hours' work at most.  You have until 1 September to file the WS with the court.

[Alaska101]

On 17/06/2021 at 15:44, dx100uk said:

we cant and nor can anyone represent you in court

 

better to donate the money to us if you win.

I would surely be doing no matter I win or lose.

 

On 17/06/2021 at 17:20, FTMDave said:

If you look at the first of the two links in post 78, there is a WS just about ready to use already there, from a case very, very similar to yours.

 

It would be just a matter of adding some stuff where appropriate from the second link in post 78, and lookinforinfo's excellent advice in post 86.

 

Probably a couple of hours' work at most.  You have until 1 September to file the WS with the court.

Lovely. I'll take your advice and get off my lazy bum to commit to it properly. 

[Alaska101]

another question folks,

 

when i stopped to drop off the passnger, i was away for less than 05 minutes then drove off.

Do you think i  should raise a Subject Access Request with VCS (like @m1n1me raised in his WS at 4.4) to check for how long i was away from vehicle?

[FTMDave]

You can SAR VCS if you want, it's free, but I can't really see the relevance of how long you were away from the vehicle.

 

The exhibits at the end of Ambreen's cut & paste tripe show very bad quality plans of where VCS are supposed to patrol.  Do you think you parked inside or outside that area?

 

I don't know what stage you're at with your WS, but things have moved on a lot in the last few days and the current version of bolmgsr's WS would be a superb starting point  https://www.consumeractiongroup.co.uk/topic/431422-vcselms-spy-car-2pcn-paploc-now-claimform-for-1-of-them-no-stopping-bp-station-east-midlands-airport/page/5/#comments  (post 118 with typos noted in post 119).  All you'd really need to do is chop out the bits irrelevant to you and expand the point about the bye-laws.

 

[Alaska101]

not done much about it tbh @FTMDave but I have started now. i believe i was inside the area highlighted in those photos. Ok I'll have look at it now

 

[lookinforinfo]

The thing is that they posted countless photographs which could be anywhere other than at the EMA. There is no way of knowing and no names on any of the roads that could possibly identify them.

 

There are a couple of 30 mph signs that can only mean those are governed by the Road Traffic Act so not relevant land. Nor have they identified the road on which they allege you stopped-probably because they know it is not relevant land which would make their case against you tantamount to fraud.

[dx100uk]

see photos in post 1 PDF

 

and the OP works on site anyway.

[FTMDave]

Quote

hi boys,

 

hope you are all well and dandy! i have finally managed to finish the WS given the court date is looming. Please see attached and let me know what you guys think. I am now in the middle east and family will be relocating as well permanently on 09-Sep-21. Court date is end of Aug-21. Should I inform the court and VCS about change in address and ask for an online hearing while sending them the witness statement? or this needs to be done separately? 

 

Thank you in advance.

 

 

I've had to hide your post.  You've added the fleecers' Letter before Claim at the end of your WS but left your full name, address, plus Simon's reference number all showing.  Please sort that out (and make sure your car registration is not showing in any of the photos) then we can get on to your other points.

 

Your WS however is looking damn good and will only need minor tweaking.

 

 

[Alaska101]

Apologies @FTMDave. I have made the changes now 

In the County Court - FI copy_Redacted NEW.pdf