VCS spycar? PCN Claimform- No Stopping - Bristol Airport*** Claim Dismissed***

[lookinforinfo]

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.

[lookinforinfo]

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 .

[lookinforinfo]

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.

[lookinforinfo]

Could you please post up the other papers you recieved with their WS. The contract, your PCN which sounds as if it failed to comply with PoFA, and the signage they are using as well as a map of the area where they said you breached their T&Cs.  Quite often their case gets thrown out because of the details  they provided.

[lookinforinfo]

Bristol Airport ownership | Bristol Airport

WWW.BRISTOLAIRPORT.CO.UK

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Bristol Airport is owned by Ontario Teachers’ Pension Plan (Teachers’).

Interesting that Bristol airport is  owned by a company in Ontario. It should be them who make the arrangement with VCS not Bristol Airport as stated on the contract. The only way round it is that there is some sort of confirmation from Ontarion that Bristol Airport is able to sign on their behalf. Otherwise there is no contract between the land owner and the motorist.

[lookinforinfo]

 

[lookinforinfo]

Thanks for posting up the other items included with their WS. If we start with theri WS we can look at what a mess it is. If we use the numbers that they have on their WS and take it from there.

 

Point 4] here they are trying to point out that they are an outstanding upright company when nothing could be further from the truth. Time and again they take people to Court when it was their sister company who actually  ran the car park. So time and time again they lose but it still doesn't seem to stop them trying again. 

 

8] No Stopping cannot form a contract as it is a  prohibitive sign. Yet time and again they take people to court and time and time again they lose because their sign is not capable of forming a contract with motorists. Nevertheless from point 8 to point 16 they continue the charade that no stopping is a contract hoping to a] scare the motorist into paying and b] hoping to misdirect the Court.

 

17] their NTK is not PoFA compliant [ their wording does not comply with s9 [2] [f] which it MUST if they want to transfer driver liability to the keeper ]  and which they acknowledged at the start of this point but then try and mislead the court again the court by saying they they are assuming the keeper is the driver [the keeper was NOT driving] and then carrying on to state that if the keeper is not the driver then they are relying on PoFA! They cannot rely on it which they have already admitted.

 

18] is just gobbledegook. VCS has lost the ability to pursue the keeper because their NTK is not compliant.

 

22 and 23] no matter how often they say it, No Stopping does not offer a contract and in any event that are supposed to run car parks not roads that are either covered by the Road Traffic or Bye Laws which are present at the airport.

 

24] Just because Parking Eye had a proper contract in a car park with the motorist does not mean that VCS have a contract on a road. Totally absurd.

 

25] we are now in the reals of make believe. The whole point of a contract is that it does include an offer an acceptance and a consideration. There was no mutual promise because there was no offer and no consideration. The sign is prohibitive so there can be no offer.

 

{there are many items on the Forum about debunking their £60 fee and of course it falls foul of the Consumer Rights Act 2015  where they have to state the amount being charged on their signage  so it is unfair that they don't. In any event PoFA doesn't allow it especially when neither the driver is known nor the keeper is liable.

 

I think it fair to say that after a WS like that Ambreen will not be appearing in court as there are too many difficult questions that would be asked.

 

28 ,29  30.] The IPC COP is there own concoction which has no bearing in a court of Law.

 

Moving on to the contract.

 

The first thing to say is that Bristol airport Ltd is not the land owner as I posted on your thread a couple of days ago. They are just tenants. On top of that their contract is invalid. It should either be signed by two directors from each company or be signed by on director each and be witnessed by two other independent people.

 

See Law of Property Act [miscellaneous provisions ]  1989 section 1 [3]

 

 

Edited August 30, 2021 by dx100uk
spacing

[lookinforinfo]

That is a very good WS. I always have taken the view that in addition to pointing the flaws in the crook's WS is to ram home where they are misleading or trying to mislead the Court and also downright lying. My feeling is that then the crooks would rather not go to Court at all when their more outrageous statements  are brought to light and discontinue or don't turn up in Court.

As it is your WS is probably too late to hammer  VCS too much now. However in court you are depending on the Judge lottery so you do need to get as many strings to your bow as possible. So while it may be too much to amend your WS wholesale, I think that you should include the fact that both of their Notice to keepers are non compliant.If the Judge accepts that, you don't need to convince the Judge about no stopping being unable to form a contract. Or the contract itself is invalid and signed by the wrong company. 

And of course it follows on that if the PCN is non compliant it means that there can be no transfer of liability on the keeper as you were not the driver.

[lookinforinfo]

I am sorry I missed this on your first draft but reading it again on the new draft it occurs to me that you are using "I" rather than the "defendant". Nor would I say that I was with the driver in the car.

 

All you have to say is

that the driver, [you have already avered that you were not the driver] arrived at the airport and the person being picked up said that they had seen the car and was only a short distance away.

 

The driver found a place nearby, off the road so as not to cause disruption to other road users, and picked up their passenger and left within a couple of minutes. 

 

You can then go on to say their was  no contract etc etc . It is not necessary to identify who the passenger was all you are doing is admitting that the driver ignored the No stopping sign which was the important part of the action. Then you rubbish their whole scheme as you have done.

Edited February 18, 2022 by dx100uk
added A few blank lines only..dx

[lookinforinfo]

No don't pay them as they will have something wrong to negate their claim. Just don't let them know who was driving and please complete the form below

 

 

[lookinforinfo]

I am pleased that you won and beat those scammy *****s.

 

You were probably right when you decided to omit your father's illness in your WS especially given VCS were involved.

 

However to all new members on a No Stopping claim should now include an illness reason  as it will apply under the new CoP coming out later this year.

 

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. illness or vehicle breakdown;

 

Private Parking Code of Practice - GOV.UK

WWW.GOV.UK

I realise that it is not in force yet but any reputable parking company having read the new Practice would be bringing the new regulations into their practices now. And of course when pointed out to a Judge it would certainly provide guidance for them when there may be conflicting results from past cases. And for those companies who are blithely ignoring the new Guidance, it gives you a chance to give them a kicking by pointing out that they are the rogues that the Government are trying to remove if they don't modify their behaviour.

 

And for any member it is well worth a read if you have an upcoming Court case since they have quite a number of changes to be introduced. Few if any will be to the liking of  of rogues like VCS.

[lookinforinfo]

He should be out of business long before then had there been  any justice in the world.