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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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VCS spycar? PCN Claimform- No Stopping - Bristol Airport*** Claim Dismissed***


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Hi,

 

I received a Charge Notice (CN) Notice to Keeper (NTK) for )46 Stopping in a zone where stopping is prohibited. I had to answer an emergency call. Should I appeal?

 

1 Date of the infringement: 20.7.2020

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date 23.07.2020

 

 

3 Date received 25/07/2020

 

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? Not yet

 

7 Who is the parking company? VCS

 

8. Where exactly? Bristol Airport

 

I have until Thursday to appeal the £60 invoice.

 

Any advice would be great. Thanks

 

Jules

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Hello and welcome to CAG. The forum regulars should be along with more advice later.

 

The first thing is don't ever appeal, it could make things more complicated. I know these things are dressed up to look official, but it isn't a fine, we call it a speculative invoice. If I say the private parking companies are run by ex-clampers, does that make this letter seem different to you?

 

Please bear with us and do nothing for now. People will advise more fully as soon as they're able to get here. :)

 

Best, HB

  • Like 2

Illegitimi non carborundum

 

 

 

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The airport has its own Byelaws.

The land is not covered by the Protection of Freedoms Regs so as long as you do not identify who the driver was, they cannot take you to Court as the keeper though they will threaten you into believing that they can.

 

Just ignore them altogether.

You will receive letters from unregulated debt collectors steadily escalating the so called debt.

Eventually they realise that as they have not heard from you, they start playing mister nice guy and offer you a much reduced price.

 

That would be considerate if you actually owed them any money but as you  don't it is still daylight robbery.

 

If you read other threads on here about stopping in airports  [they are all governed by Byelaws] you will see what a bunch of crooks you are dealing with.

 

Sometimes they may decide to stupidly send you a  Letter before Action

-do not ignore that but come back and we will advise you to send a snotty letter to send them on their way.

 

Just keep all their letters and scary on with your life forgetting all about VCS.

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  • dx100uk changed the title to VCS ANPR PCN - No Stopping - Bristol Airport - should I appeal?

Simple Simon has lost most if not all defended airport claims, and he will conflate Driver with keeper, appealing as mentiond by lookedinforinfo identifies the driver, so not a good idea.

We could do with some help from you.

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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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For reference, here are the Bylaws for Bristol Airport. Parking is covered at section 6 on page 11. Oddly, they don't mention sub contractors that enforce parking restrictions.... Can't think why 😀

 

 

Bristol Airport Byelaws 11062018.pdf

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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we say dont appeal because if you do they will reject it and think you are likely to belive their lies and pay up if pressured enough.

 

You may also drop yourself in it by using the wrong language in your appeal so let them waste their money chasing you for the moment. There are dozens of airport parking threads and they all have the same thing in common, VCS have no right to demand a bean but they will keep trying.

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  • 8 months later...

In my Previous post I explained what I received the VCS for. I have been receiving notices over the past year and ignoring them. I think now I should have kept them but I stupidly threw them all out. 

 

This morning I received a new notice Claim From (attached).

 

Any advice would be greatly appreciated.

Jules

 

 

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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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upload removed we dont need it

 

dx

 

  • Like 1

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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  • dx100uk changed the title to VCS ANPR PCN Claimform- No Stopping - Bristol Airport - should I appeal?

Did you receive a Letter Before Claim/Letter Before Action before Simple Simon decided to sue you?

We could do with some help from you.

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11 hours ago, lookinforinfo said:

I do hope that you kept the first PCN or the NTK as it is also called. Could you please post it up, remembering to remove your name address and reg. number but retaining the dates and times .

I know it is foolish of me but no I didnt :(

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Well they will have to show a copy of your PCN when they send you their WS but it would be better retaining documents that may be required in a trial.

 

The airport is covered by the Airports Act so PoFA does not apply as the land is not relevant land as described by PoFA.

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Name of the Claimant :Vehicle Control Services Limited, Unit P1, Europe Link, Sheffield Business Park, Sheffield, S9 1XU

 

Claimants Solicitors: Edmund Shoreman-Lawson

 

Date of issue – 30 April 2021

 

Date for AOS - 18 May 2021

 

Date to submit Defence - 1 June 2021

 

 

What is the claim for – 

 

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

 

2.The Defendant's vehicle **** ***, was identified in the Bristol Airport on the 20/07/2020 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited.

 

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 sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

 

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

 

What is the value of the claim?

 

 

Amount Claimed £160

court fees £25

legal rep fees  £50

Total Amount £235

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 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]

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]
 

…………...

 

 

 

dx

 

  • Like 1

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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  • dx100uk changed the title to VCS spycar? PCN Claimform- No Stopping - Bristol Airport

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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So I am in the process of stating my defence. I have seen your template which states " It is denied that the Defendant parked in Bristol Airport at the times ..." My claim is about 'stopping in a zone where stopping is prohibited'. Do I admit I stopped and then state that it was due to an emergency phone call that I had to answer? Or do I just deny I stopped? Also, is it relevant that I wasnt actually driving at the time?

Edited by jleviit
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26 minutes ago, jleviit said:

Also, is it relevant that I wasnt actually driving at the time?

Yes, of course it is.  Why didn't you mention this before?  It seems that Simple Simon is suing the wrong person.

 

So do I take it VCS are suing you, as you are registered keeper?  But you weren't driving?

 

Hang fire for a minute with the template, as the Site Team are actually in the middle of updating it.  I'll post up a suggested defence when I get a minute this evening.  Please answer the above though regarding who was driving.

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We could do with some help from you.

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37 minutes ago, jleviit said:

Do I admit I stopped and then state that it was due to an emergency phone call that I had to answer? Or do I just deny I stopped?

you most def do not do either at this stage

  • Like 1

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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You should file something like this -

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

4.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Points (2) & (3) are catch-alls, they can be fleshed out at WS stage to include bye-laws, prohibition, you not being the driver, etc.

 

I see you have till 1 June to file the defence, so don't do it now, hang on and see if others suggest to tweak the above.  Don't file at the very last minute though, in case MCOL has a hissy fit! 

 

Edited by FTMDave
Major balls up by me
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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

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