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

[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

 

 

 

 

[FTMDave]

You have been doing your homework!  Spot on.

[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).

[dx100uk]

No elms dumped simon as the ws's he makes them write are full of lies and the judges were eating them alive

[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

[FTMDave]

At the moment the above is immaterial - your next step is to file a defence a few days before the deadline.  The defence should be very short & extremely generic.  There are examples all over claim form threads.

 

Some months down the line both you & VCS will have to exchange Witness Statements where you can flesh out all your arguments.

 

Although this is yonks away, it's excellent you're thinking ahead and gathering information.  If you want to read up on the later stages of the claim you could do worse than post 110 in Alaska101's thread       https://www.consumeractiongroup.co.uk/topic/421775-vcs-spycar-pcn-paploc-now-claimform-no-stopping-east-midlands-airport/page/5/#comments  where there is a cracking WS in a case very similar to yours (airport, no stopping, VCS).

 

I haven't a clue about company contracts but there are a couple of Caggers who are experts and I'm sure they'll come on the thread this evening.

 

[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?

 

 

 

[dx100uk]

what date was the claimform...you did file a defence ?

 

have you had N180 yet from court?

 

dx

 

[nightnajjers]

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

[dx100uk]

ok good

defence due by 4th oct by 4pm.

 

so no you wont have gotten an n180 yet...

[lapwing_larry]

5 hours ago, nightnajjers said:

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?

 

 

 

So, was there any mention of the contravention code “104 Stopping to pick up/drop off in a restricted zone.” in the contract you received?

It doesn't appear in the contract that others have shared.

Without this, on what authority can VCS issue the PCN?

[dx100uk]

Would only be revealed at ws stage.  Keep it dark till then.

[nightnajjers]

Hello.

The contravention code "104 no stopping/to pick up /drop off in a restricted zone"  does not feature in the list of contravention codes in the Service agreement/Contract.

 

Another interesting feature is that on the contract on the first two pages and  by the word COPY,  is and hand written note saying  "authenticated" with a signature, but nothing to say who or in what capacity they  signed it.

 

I will hang on to it until WS stage.

 

Thank you

 

[nightnajjers]

Hello.

An update and the latest in the fiasco.

Received a "Notice of change of legal representative" .  Says Elms "has ceased to act for me and I shall now be acting in person, Signed by  the Litigation Manager.

Maybe Elms got fed up with my requests!

VCS is very graciously offering me a reduced settlement charge of £185.00.   What a nerve!

No mention of further Court costs or enhanced solicitors fees!  

Also they "intend to bring  this letter to the  Court's attention upon the question of costs".     If they don't I certainly will.

I am going give them a counter offer and  send them a bill for the time I spent on dealing with this and I will bring that to the Court"s attention in the Next Court Claim.

nn

[dx100uk]

no you dont do that , re costs

you did file your defence by 4th 4pm?

 

if you go read like threads

you'll see this is quite std practice for elms

 

dx

 

[nightnajjers]

Hello 

Yes Defence filed before the deadline. I understand this is how they work. Get Elms  to apply another frightener and when that does not work VCS takes it back to save further costs.

 

A  counter claim was not made, but should they continue with the case and withdraw or  lose, I see no problem with having  sent  them a bill for the time taken for dealing with the matter so far.

 

Taken what is known about similar Cases their action appears to be fraudulent, predatory, without foundation, illegal, against their own governing bodies guidelines,  POFA and harassment.

 

They sent what they know or should know a without foundation invoice/PCN, accordingly a future with substance claim can be made against them them for actual work done/compensation on Defending what appears to be a spurious  Claim, 

 

If they  withdraw the Claim or  lose, then another claim for those expenses  can be brought against them for the costs involved in Defending the Claim. There is also the matter of the "unreasonable costs order under CPR 27.14(2)(g) which was put to them in the opening Snotty letter (not really sure how that works). 

 

Of course none of that would be applicable  If they continue with successful Claim. 

 

 

[dx100uk]

you put a costs request at the end of your witness statement for costs for their/this claim.

 

as for the dvla stuff and a latter new claim for costs, i dont think we've ever seen one nor a win??

 

dx

 

[lookinforinfo]

Re. the contract. As East Midlands airport appear to the the land owners then there should be a reference of some sort that allows Southend airport to sign on behalf of the East Midlands airport.

 

And the person signing the contract for Southend airport should be a director of the company and their name should be printed as well. You can confirm he is a director by checking their Company accounts under "People".

[nightnajjers]

Costs at the end of the witness statements makes sense , thank you. In the event that they withdraw a claim it would seem fair that one could claim some form of compensation against them for wasting a defendants time and causing a stressful situation.

 

I don't think East midlands Airports own the land.  The company number given on the supposed contract/ agreement for Southend Airport Company Limited shows as  East Midland International Airport Limited. To my mind that invalidates the contract/agreement  as going by the company numbers given it is a contract/agreement between E. Midlands Airport  and Southend Airport

 

 

The person signing for Southend Airport has signed as a Finance Director? Is that a company Director?

[dx100uk]

1 hour ago, nightnajjers said:

Costs at the end of the witness statements makes sense , thank you.

 

In the event that they withdraw a claim it would seem fair that one could claim some form of compensation against them for wasting a defendants time and causing a stressful situation.

 

you Mean Discontinue, no not seen one and very dodgy to do so IMHO - most discontinuance is done upon a save to costs basis

[lookinforinfo]

You right Nightnajjers, Eddie Stobart Group have  been the land owners since last year. I knew Southend airport were not the land owners since I remembered one of our Caggers had won their case on that very point. [Wood DD was the member ].

 

The Finance Director is able to sign  contracts but it should either be a Director of the Stobart group signing the contract or there should be a letter of confirmation from the Stobart company [also signed by at  least one of their directors] that Southend airport ltd are able to sign on behalf of the Stobart group.

[dx100uk]

Open

[nightnajjers]

Just an update.

Thank you for reopening the post

Heard from the Court at the end of December. They are experiencing long delays etc.  saying  "we will write to you as soon as we can".

This has been hanging like a dark shadow in my life  for over a year now. I have been reading everything on here  and half the time I think I am more confused than not.

 

I am so happy that there is some action from the government to change the unfair rules, can't come soon enough, hope they all starve and have to get  a proper form of employment, although I doubt they are capable  of doing  anything of any value to society. 

 

One thing that is puzzling me right now is, as plenty of folk on here have stood up to the crooked behaviour of VCS over Airport cases   and won in Court. How come nobody seems to quote the successful  cases in their WS? 

 

nn