VCS/ELMS PCN PAPLOC now claimform - No Stopping - John Lennon Liverpool Airport

[brassnecked]

As DX says its Not a Fine and never can be its an invoice for an alleged breach of a contract VCS imagine you entered into by stopping on a site they infest. Its not a Criminal matter, purely Civil  under Contract law.

[lookinforinfo]

You can only ask them. If they play hardball then show them what you are going to say about them losing Ws's all the time and say that if they agree, to the date change, you will drop the losing mail part. 

[FTMDave]

Great idea LFI.

[lookinforinfo]

Flamjam I am sorry that I missed this when looking through their WS and am unsure if you can use it in your defence if you have responded to their SWS already

 

It is taken fro the new Act -Private Parking Code of Practice which has been withdrawn for a short time-partly I suspect because the BPA have lost their bottle and do not want to ament their Code of Conduct since it would be admitting that their current one is unlawful.

 

However in this particular section what is stated holds true for  PoFA 2012 also.

 

It's Section 14 Relationship with the Landowner.

 

[3.] Where byelaws have been made, unless specific legal provision has been made to suspend them, they take precedence and therefore careful consideration must be given to ensuring that the parking management arrangements are consistent with them.

In their SWS  point 9 they say that Byelaws are arbitrary whereas they actually take precedence. 

 

So if you could find that it should be known to the VCS legal department also or if they were unaware of it why do they bother with a Legal department. Besides ignorance of the Law is no excuse. It beggars belief that they can say that Bye laws are arbitrary when under PoFA they are patently not, then have the effrontery to aver that they signed to say they are telling  the truth.

 

That was a blatant lie and you should call it out in Court.  They are trying to minimise the effect that Byelaws have in this case partly to help win their case and partly to pull the wool over your eyes and the Judge's. It is tantamount to perjury since there is no doubt that nay legal department would go over the new Act with a fine tooth comb.

 

 

[Flamjam]

Hi again all. 

 

Despite 2 letters being sent to VCS regarding changing the court date, they have failed to reply or acknowledge my request. The court date is next month, do I need to write to the judge to advise that I won’t be present for the hearing?

thanks

[FTMDave]

If you write to the court more than seven days before the hearing to inform of non-attendance, you won't be penalised and the court will take your WS into consideration.

 

However, realistically, if you're not around to challenge VCS's lies, you will lose.

 

Can you really not make it to the hearing?

[FTMDave]

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

[Flamjam]

17 minutes ago, FTMDave said:

 

 

Can you really not make it to the hearing?

I’m away on holiday

[FTMDave]

If the court allowed a telephone hearing, could you make it?

[FTMDave]

How did this all pan out?

[JimmySpices]

Hi FTMDave, is this someone else's post - Flamjam? My own case got dismissed within a minute. 

[FTMDave]

Yes, I remember.  Due to your brilliant success I wondered what had happened in Flamjam's case, as the cases are virtually identical.