VCS Spycar PCN Claimform - Broke down on Southend Airport service road ***Claim Discontinued***

[salackdad]

Hello, I hope I am doing this correctly.

 

Back in december 2019 my car broke down twice within 150 yards on the service road at Southend Airport.

I had been having intermittent issues with the car during the week prior to this.

 

On the day in question when the car first came to a stop on the service road

the driver, aware of the issues, attempted and just managed to get the car restarted after a 5 minute pause for the battery to recuperate.

It was during this stop that the car was photographed by the VCS patrol vehicle.

 

The driver then proceeded to attempt to leave the service road but the car ground to a halt approx 150 yards further along the road.

At this point the driver lifted the bonnet to began the process of changing the battery for a fully charged one kept in the boot since the issues began.

At this time the patrol driver approached and asked what was going on.

 

The driver explained the problems encountered with the car and the patrol driver told him "no problem, I'll tell them what's happened". 

The battery was duly changed, the car started and driven off the service road.

It was identified the following weekend that the issue was caused by a fault with the alternator which was replaced, no problems since.

 

I have since received the usual letters from VCS and their representatives right up to a Court Claim form.

 

I have been suffering from an appalling case of Covid infection but managed to get in front of my PC to acknowledge service in time.

My issue date was 16th December 2019 so I believe I have until 4pm on Tuesday 19th of January 2021 to file defence.

 

I know it is now late but please believe me I have been desperately hoping to get well enough to respond to this properly but am now typing out of desperation as time runs out. I did manage to read plenty of cases on different forums early on in the process and would like to ask a question if anyone could help please.

 

I notice that on another forum (MSE) they advise going for massively long defences with loads of case law examples whilst on here the recommendation seems to be for almost minimalist defences of maybe 5 or 6 bullet points of only a couple of sentences each. Could I ask what is the perceived benefit of each type of response and why, in particular, do CAG members prefer the short version?

 

At the start of this saga I was quite bullish about prospects but, perhaps because I am now feeling so low, I am becoming less so even though I am sure that breaking down on a public highway cannot be prosecuted by this cowboy outfit.

 

VCS are aware that I am the registered keeper of the car but do not know who was driving on the day concerned.

 

Any assistance, albeit at this very late stage, would be appreciated

 

Thank you 

 

salackdad

[dx100uk]

please complete this:

 

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group

 

its not a public highway, its controlled by Airport Byelaws. Private Land.

 

get the info above up

and also scan to ONE multipage PDF bothsides of all letters in/out bar the claim pack.

read our upload guide carefully

 

[salackdad]

Wow, thank you dx100uk for super quick reply. Will read guide and upload now.

[dx100uk]

do the questionnaire 1st please 

you've a few days 

defence is not due till/by 4pm monday. (as you got an extra day over xmas.)

 

leave the scans till you have time

 

info 1st please

[FTMDave]

Really sorry to hear about you suffering from COVID.

 

Don't worry, there is time before 4pm Monday.

 

The reason we recommend a short defence is so as to not play all your cards too early.  Later on down the line the defence can be fleshed out with the Witness Statement.  For example, "no contract was formed" in the defence can then in the WS become why a contract wasn't formed - rubbish signage, the keeper wasn't the driver, no locus standi, the fleecers had no Planning Permission, bye-laws, etc.  Less is more.

 

Simple Simon (the owner of VCS) has an appalling record of losing airport bye-law cases, even when the driver didn't break down - let alone in your case!

 

If you feel up to it, look up VCS or Excel airport cases in our PPC Successes thread (start from the last page and move back) for a suitable defence.  If you don't feel up to it, I'm sure one of us will find time before 4pm on Monday. 

 

Just one thing - have you got proof of the breakdown, such as evidence of payment that you got the alternator replaced?

[salackdad]

 

1 The date of infringement?

19/12/2019
 

2 Have you yet appealed to the parking company yet? [Y/N?]

No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide]

 

has there been a response? yes

please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]

 

If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29.

Document received was PCN/NTK in one. (see pdf)
 

what date is on it Issue date is 02/01/2020
 

Did the NTK provide photographic evidence? Yes
 

[scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO
 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

Suggested appeals could be made via IAS
 

5 Who is the parking company? VCS
 

6. where exactly [Carpark name and town] did you park?

Broke down on service road of Southend Airport, Southend-On-Sea

 

please do not put JPG Picture files into your post
 

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

 

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

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

19/12/2019
 

 

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

02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

16/01/20
 

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
 

6 Have you appealed? [Y/N?] post up your appeal]

Not as such. See this entry for PCN above.
 

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

As above.
 

7 Who is the parking company?

VCS

 

8. Where exactly [carpark name and town]

Broke down on service road of Southend Airport, Southend-On-Sea
 

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

Initial appeal to be via www.myparkingcharge.co.uk then via IAS
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

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

I have subsequently received a

Demand for Payment dated 28/02/2020.  outstanding balance £160

Final Demand posted on 16/03/2020         outstanding balance £160

LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25

2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160

                                                                                                                       Estimated interest £12

                                                                                                  Estimated court / hearing fees £50

                                                                                                         Estimated solicitors' costs £50

                                                                                                                             Estimated total £272

 

windscreen or ANPR section to your thread and answer the questions...

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

please do not put JPG Picture files into your post

 

 

 

Thank you FTMDave.

 

As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though.

 

I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.

 

Thank you in anticipation

 

 

BTW, the reply I got to an SAR shows they got my keeper details from DVLA via ZatDVLA and apparently their footage shows the vehicle being stationary for 38 seconds.

 

Time for sleep.

 

Thanks again.

docs1.pdf

[brassnecked]

There is plenty to use to rebut VCS, stopping was not deliberate, and that of itself is a primary flaw in Simple Simon's case,  not sure  but others might be able to confirm, that one of Simon's companies either VCS or Excel issued invoices to a broken down vehicle AND the breakdown truck that came to its assistance fdr stopping in similar circumstances.

[dx100uk]

this link no sure why you did the otherone

 

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group

[salackdad]

Sorry DX100uk, the other form was the only one I found.

 

Name of the Claimant :  VCS

 

Claimants Solicitors: Elms Legal

 

Date of issue – 16th Dec 2019

 

Date for AOS - AOS submitted 01/01/2021

 

Date to submit Defence - Monday 18/01/2021

 

[NOTE : WHEN CALCULATING YOUR TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN ANY COUNT [an example: Issue date 01.03.2020: + 19 days  = 19.03.2020 :+ 14 days to submit defence = 02.04.2014: a total of 33 days]

 

What is the claim for – The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendants vehicle ******* was identified in the Southend Airport on the 19/12/2019 in breach of the advertised terms and conditions; namely

                                      

                                           46) Stopping In A Zone Where Stopping is Prohibited at all times. The Defendant was the registered keeper and/or driver. 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.

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

 

What is the value of the claim?  Total cllaim is £235

 

Amount Claimed   principal. £160

court fees          £25

legal rep fees   £50

Total Amount  £235

 

Edited January 17, 2021 by salackdad
missed claimant

[brassnecked]

Don't tghink breaking down can be entering a Contract, however sure the Team will add clarity soon.

[FTMDave]

I had a little search today to find out what Frustration of Contract means, and reckon that covers breaking down.

[brassnecked]

As the reason for stopping was not within the power of the driver, don't think any contract could be lawfully established as the stop was involuntary.

 

Othewr factor as is on approach road and a prohibition, would the Bylaw's scenario be significant as was not a Parking Incident, broke down vehicle unable to move therefore not parkes, and as ByLaw's, Simple has no Locus Standi to sue for diddly squat.

[salackdad]

That it was I was thinking. The understanding I got  from Byelaws reating to Southend Airport is that it would, if anything, be a breach of those bylaws which VCS cannot be empowered to impose penalty for.

 

The first sign one encounters has such a mass of information on it that no driver could read it at normal speed, let alone comprehend it all whlst concentrating on the road.

 

Google street view has not been updated yet and still shows all the signs telling drivers that the road is governed by the London Southend Airport bylaws 1997. Of course these have all been physically removed now.

Edited January 17, 2021 by salackdad
Addition

[dx100uk]

Very important...vcs can't impose nor enforce a penalty for anything!!..

Byelaws or otherwise!!

[salackdad]

Thank you all for comments.

 

I am proposing to put up the following defence on to MCOL 

 

1.   No cause for action against the defendant, the keeper of the vehicle, as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show  as to who the driver was at the time.

 

2.    No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.

 

3.   The claimant has not shown locus standi in this matter.

 

 

4.  The signage is prohibitive in nature and not a genuine offer of terms for parking for a motorist to consider, therefore it is denied that there was any ability for the driver to contract with the Claimant.

 

5.   The defendants vehicle broke down, twice.

 

Any comments would be appreciated.

 

Thanks

 

Just noticed 5. should have read 

 

5.   The defendants vehicle broke down, twice, and was therefore broken down, not parked.

Edited January 18, 2021 by salackdad
spacing

[FTMDave]

Superb defence!

 

Good grief, if you can do that when you have COVID, what would you do if you felt well?!  Take that Simon!  However, suggestions for a few tweaks -

 

(1) is really two reasons, the not relevant land and suing the wrong person, so if in a very, very pernickety mood I'd split this point into two.  

 

(2)  Cut out the bit about it being prohibitive as this is covered in (5).

 

In (5) point out that this is Frustration of Contract.

 

However, hang on till 4pm tomorrow in case dx, Brassnecked, Lookinforinfo or EB come on, they have much more experience than me and may suggest changes.

 

Simple Simon will rue the day he took you on!

 

 

[salackdad]

Wow, you are also up late Dave.

 

Thanks for your comments, will adjust accordingly.

[FTMDave]

1 minute ago, salackdad said:

Wow, you are also up late Dave.

 

Yes, always been a Night Owl.  Just don't expect me around at 7am tomorra

 

As I say, don't file straight away, see if there are other ideas before your deadline.

[salackdad]

adjusted

 

1.   I am the registered keeper of the vehicle reg ****** .

 

2.   There is no cause for action against the keeper of the vehicle, as this is not "relevant land" under the POFA 2012.

 

3.   The defendant puts it to strict proof that VCA show  as to who the driver was at the time.

 

4.    No contract was ever offered by VCS, the land is subject to its own byelaws so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.

 

5.   The claimant has not shown locus standi in this matter.

 

 

6.  The signage is prohibitive in nature and not a genuine offer of terms for parking for a motorist to consider, therefore it is denied that there was any ability for the driver to contract with the Claimant.

 

7.   The defendants vehicle broke down, twice, and was therefore broken down, not parked. This would constitute frustration of any contract.

 

Hope that is ok and that I have understood correctly.

 

Thanks for your comments DX (also a night owl) but I am not sure what you mean here.

"there is no complaint statement at the end of the WS conclusion to be complaint with CPR before your exhibits which must be included. with a sig area"

 

[dx100uk]

17 minutes ago, dx100uk said:

the 1st line is not correct and should read i am the registered keeper of the vehicle reg XXXX.

 

 

there is no complaint statement at the end of the WS conclusion to be complaint with CPR before your exhibits which must be included. with a sig area

 

opps wrong thread ignore that

[salackdad]

Phew, had me very worried there. Thanks again DX

 

[FTMDave]

Right - you two win.  I give in - off to kip!

 

Salackdad, hang on to early afternoon tomorrow just in case the regulars advise any tweaking, but IMHO you've prepared a superb defbnce.

[brassnecked]

Looks good to me, don't know whether the others think an amendment to 7 on the below lines

 

" As the vehicle stopped due to a mechanical failure twice, the stops were beyond the control of the driver at the time, a breakdown causing an involunary stop is not parking in such a way as to form any contract, and would frustrate the forming of any implied parking contract."

 

Actually you have done a great jobSimon wouldbe silly to proceed.

[salackdad]

Final version

 

 

 

1.   There is no cause for action against the keeper of the vehicle, as this is not "relevant land" under the POFA 2012.

 

2.   The defendant puts it to strict proof that VCA show  as to who the driver was at the time.

 

3.    No contract was ever offered by VCS, the land is subject to its own byelaws so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.

 

4.   The claimant has not shown locus standi in this matter.

 

 

5.  The signage is prohibitive in nature and not a genuine offer of terms for parking for a motorist to consider, therefore it is denied that there was any ability for the driver to contract with the Claimant.

 

6.   As the vehicle stopped due to a mechanical failure, twice, the stops were beyond the control of the driver at the time, a breakdown causing an involunary stop is not parking in such a way as to form any contract, and would frustrate the forming of any implied parking contract.

 

Thanks for comments

[AndyOrch]

Topic open