VCS CCTV PCN - No Stopping - Outside entrance to southend airport SS2 6YF (Lay Rep too) ***Claim Dismissed***

[nightnajjers]

Hello. I could do with some assistance with a NTK.

Your thoughts and advice appreciated.

Background:

The Driver stopped to load a disabled passenger and a bag.

The area was deserted all bar one other vehicle and it was dark and foggy, vehicle stopped for no more than 1 ½ minutes

Someway before the the area in question and before a junction, there are two signs stating “no stopping on access roads” there is no signage to say which are access roads, all other signs relating to the area in question are (conveniently for them) placed low down on Iron railings at 90 degrees to any vehicle using the road i.e. not facing the driver.

The NTK states:

The “Reasons for this charge”. Are, “104 Stopping to pick up/drop off in a restricted zone.”

The charge notice states a “the period of parking to which this notice relates to immediately preceding the time of event stated in this notice”

So is it parked or stopped to load?

The notice says that if you were not the driver, you CAN notify them of the drivers details.

If I were to supply the drivers details would that not be against data protection legislation?

I can't think that I am under any legal obligation to supply that information.

 

ANPR charge

1 Date of the infringement 28th 12 2020

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 4th 01 2021

3 Date received 09 01 2021

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

6 Have you appealed? [Y/N?] post up your appeal]  no

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

7 Who is the parking company? Vehicle Control Services LTD

8. Where exactly [carpark name and town] Outside entrance to southend airport SS2 6YF

For either option, does it say which appeals body they operate under. No . How to Appeal says www.myparkingcharge.co.uk

There are two official bodies, the BPA and the IAS. If you are unsure, (International Parking Community) IPC

If you have received any other correspondence, please mention it here none

TIA

 

2021-01-04 NTK For PCN incident 2020-12-28.pdf

[nightnajjers]

Thank you for the assistance so far.

What better way to while away a few lock down hours than to  read about Vehicle Control Services and Mr Smith. Having done so,   as far as I can see I just await  the  inevitable,  more scary letters with road signs on? or a Letter before action.

"Your  PCN does not mention PoFA but at the bottom of the first page it makes an attempt which fails".    Is that something I can use at  a later date?

I am still slightly bemused by the fact that the NTK states that the charge is for stopping,  but that the charge notice was given as a result of parking?  the car could not have been doing both at the same time. Probably only a small point, but small points seem to matter in these cases.

Thinking  out loud and as a matter of interest.   If  the keeper passed on the driver details to VCS within 28 days and  the driver then did not pay or respond to the claim then it seems it is assumed that the keeper should be responsible,  does not seem to be either fair, reasonable or reliable  grounds for a court case

[nightnajjers]

Thank you. looks like some one did it for me, thank you as well. I    would ever make it as a Solicitor

[nightnajjers]

Hello

what appears to be the Letter Before Claim has arrived.

I have got this far with the response.

Dear Simple Simon

With reference to your speculative invoice Ref VCS 0000

There is absolutely no intention of contributing to what must almost certainly be your healthy income by paying the above without substance claim.

Conversely the next time your vehicle comes to a stop. if you would like to dip into your without merit income, please forward a cheque in the sum £160 to a Charity of your choice.

I draw your attention to your original spurious invoice dated 22/02/2021 which states “REASON FOR CHARGE 104) STOPPING TO PICK UP/DROP OFF IN A RESTRICTED ZONE”.

Thank you for your reference to Parking Eye v Beavis. Which may have had some relevance had the vehicle in question been parked.

In the same manner, you may wish to refer to One Parking Solutions V Ms. W claim number F0HM9E9Z.

As the case is more relevant, it would be more beneficial for your future victims to include that in favour of your current suggestion. I am sure your Debt Management Team could further their legal expertise by studying the case.

As Southend Airport is not “relevant land” under the POFA it would appear that you have contravened the GDPR by obtaining information from DVLA without justification.

Please provide evidence of authorisation (not an employee as in the One Parking Solutions V Ms. W ) that your are empowered to collect or issue charges of any kind on Southend Airport which is governed by it's own Bye Laws.

If you commence legal proceedings, all and full costs will be sought including costs so far plus the current Court interest rate should it become applicable.

If there is no response within 14 days the matter will be considered closed.

...........................

I am a bit out of my depth here so any help on any further additions or removals is much appreciated.

Not sure if it matters at this stage, but the identity of the driver has not been disclosed to the opposition. demand for Payment.pdf

[nightnajjers]

Thank you so much for sorting out the upload/pdf business, much appreciated.

The advice given  is very reassuring, thank you.

 

I was assuming as the letter had  "the company intends to take you to Court" and it had all other  relevant details that it was the LBC.

 

I am trembling in my boots because " my account has been passed to our Debt Collection Team". I am not really sure how they can give me an account without my consent?

 

During the research I read somewhere about someone who had taken DVLA to task over them inappropriately  giving out the driver details, did anything  positive come out of that? I could not find the outcome of that case.

 

I am still totally astounded that VCS can operate a business that,  at least in this case an outright and without question  scam on the public.

 

Incredible that in  modern day society with all the consumer rules, regulations and laws that Parasites like the Pieman can operate with impunity , beyond belief!

 

 

 

[nightnajjers]

Thank you for your assurance. The trembling in my boots was tongue in cheek to be honest. They probably put a different hat  on to be raised to the dizzy heights of  the  "debt management  team"

 

It made me laugh that I now have an account with them, maybe I should ask for an advance !

 

Still interested in DVLA  giving out details when they should not.

 

 

 

 

[nightnajjers]

Thank you for that. Further ammunition should it be required. I will be back when and if the LBC arrives..

 

It is so annoying having to go through having to waste our time researching something many of us have no idea about and  all the worry of whether or not we will end up in a  Court. I can see how the predatory behaviour of these companies result in folk just coughing up, as it is an easier option than going through the alternative.

 

Thankfully there are still some decent people left to assist  those who do not like to be taken advantage of.

Thank you

[nightnajjers]

Hello.

I was wondering if they will pass this on to a debt collection company?  and how would I deal with them should they arrive on the doorstep. I am a bit worried about this as I am a tenant.

Due to the way the house is laid out it is usual for callers to  knock on the landlord"s door, rather than walk round the back of the house.  For obvious reasons I don't really want my landlord to be thinking I am being chased for debts.

[nightnajjers]

Hello

Ok, thank you for the assurance. I will carry on waiting for the letter before claim. 

[nightnajjers]

hello

A quick update for future victims.

Another final , final demand received, with big red writing !!

 

I will continue to wait for either another final, final ,final,  demand or the Letter Before Claim

 

[nightnajjers]

Hello.

Seems like they have woken up.

The LBC  has arrived along with a very detailed reply form, which unless I am advised differently I will not waste my time on. Can't believe they have the cheek to ask for so much information including a Standard Financial statement

Section 4 of their reply form Box 1-1.   "I need more documents or information".

Would it be a good idea to ask  them for proof of their authority from the owners of the Airport  for  imposing and collecting  parking charges on their behalf. Seems to me to be  a reasonable request from the recipient of a LBA letter from a company that is threatening Court Action. Surely  without that  authority  that they have nothing?

Or is it time to tidy up/improve  the Simple Simon letter above?

thank you

NN

Is the letter in the  above ( post no. 9) ok to send ? anything to add / remove

 

VCS PAPLOC.pdf

[nightnajjers]

Thank you for your help. As you can see I am not cut out for this computer lark!

I will adapt the post 9 letter and put it up again.

[nightnajjers]

Thank you everyone for taking the time to help me.

 

FTMdave thank you for the response letter I like it a lot. More to the point and giving nothing away. I will send it off and  hope that will be the end of it.

 

nn

[nightnajjers]

Hello

Ok thank you.  I will get  Proof of posting and send it. I will keep all the evidence  safe.

[nightnajjers]

Just an update. Seems like the letter sorted it as I have not heard back from the parasites at VCS.

 

For future victims, at the time of the no stopping incident; the only two signs advising no stopping belonged to Southend Airport Authority. So I do not see how VCS  could ever win a case for no stopping as they do not have their own signage.

 

[nightnajjers]

These are the only signs visible to a driver entering the Airport and not entering the Parking areas. more of the same signs are attached to the railings facing a passengers side door.

 

google_earth Pix.pdf

[nightnajjers]

I will take a look and get more up to date photos next time I am that way

[nightnajjers]

Another update.

 

A "NOTIFICATION OF INSTRUCTION " From ELMS Legal arrived in the post. Threatening yet ANOTHER  court action.

 

It says all the usual things one might expect and ..  " We have been instructed to recover the sum of £160 in respect of works done to recover an outstanding Parking Charge Notice (PCN) issued to the vehicle bearing the registration mark of for breaching the Terms and Conditions situated at Southend Airport "  (Reg. mark not omitted )

 

I have plenty to say in a reply, but should I bother and if I do,  Is there anything I should not say?  This is starting to become annoying wasting time over this.

 

TNX

NN

 

[nightnajjers]

Hello. Well He has the Gonads. Court claim arrived from County Court Business Center  With VCS being the Claimant and Elms Legal for sending Documents to.

 

The claim form was dated 2nd Sept

 

Particulars of   Claim:

 

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

 

2.The Defendants vehicle  ABC 123 was identified  in the Southend Airport on 00/00/20 in breach of the advertised terms and conditions: namely stopping to pickup/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 n 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.

 

5. 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.

 

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

 

Amount claimed £160.

Court Fee      £35.00

Legal representative's cost £50

Total amount   £245

 

As I understand the way forward and initial steps are to :

 

Go to MCOL website and note the long gateway number, register as an individual. log in.select respond to a claim and select the AOS box . then using the details required from the claim form.

Defend all

Leave jurisdiction unchecked, click through to the end and exit.

 

Then send a CPR 31.14 to elms using the template on CAG

 

Hope that is still the correct procedure .

 

Thank you

 

 

 

 

[nightnajjers]

Ok Great thank you, I will get on and do that today. I read in one post that simon had chucked Elms so I was surprised to see their name.

 

I have not been near  South end Airport lately. Hopefully I have to go that way next Sunday, so I will get some updated signage photos (and risk another PCN by stopping to read).

[nightnajjers]

The claim is From Elms, maybe they re negotiated?

 

 

 

[nightnajjers]

Hello.

I could do with some more help please.

 

I sent the CPR request and received the response which contained the agreement between Southend Airport and VCS which was signed by S. Simon and one Finance Director.

 

Is there a case to refer to regarding the Contract requiring two signatures to be viable? I Found this under the companies Act.

 

2)A document is validly executed by a company if it is signed on behalf of the company—

 

(a)by two authorised signatories, or

(not clear to me if that is two from each company)

 

(b) by a director of the company in the presence of a witness who attests the signature.

(Not witnessed on the agreement).

 

Do Elms or VCS have to provide me with further paperwork for me to counter? Or is the Particulars of claim on the Court Papers and the reply to the CPR request the extent of their evidence?

 

They did not provide any Planning Permission documents and stated that they do not hold any other documents in this case and anything further should be requested from VCS. Seemed a bit odd to me as they are under instruction from VCS.

 

The NTK continues to say that that “the Period of parking to which this notice relates is the period immediately preceding the time of event stated in this notice” but the PCN is for Stopping, is that of importance?

 

Is there anything more substantial than the VCS signage is prohibitive and therefore not contractual. Or is that enough?

thank you

[nightnajjers]

Hello

Thank you

That has cleared things  a little for me. The witness statements were a bit confusing as the claim form does not mention Witness Statements. I have probably read every Airport post, and I kept seeing WS'S and could not workout when that happened, Got it now.

 

 

 

[nightnajjers]

Hello.

I have been  doing my research for the future. I have been looking at the  service agreement/contract between VCS LTD and Southend Airport  which was sent  as a result of the CPR.

 

I checked the companies named on the agreement (VCS and Southend Airport) with companies house on the government site . The Company number given for VCS Ltd on the agreement comes up as London Southend Airport Company Limited.

 

And the company number given for Southend Airport Company Limited shows as belonging to East Midland International Airport Limited.

 

Also at the top of each page it has "Contract no:/draftVCS-CCTV/AC/AS" 

 

Am I missing something here?

 

 

 

[nightnajjers]

The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180