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

[Flamjam]

Hi all, 

 

I received this letter after ignoring all previous letters. Firstly they wanted payment before the date on the letter itself. 
I have requested SAR from VCS and I’m in process of emailing ELMS to deny the debt. 
what else do I need to do please, I’ve read a few posts that mention bylaws ? But I’m not sure which bylaws apply

Any advice would be appreciated. 
thanks 

10,01,2021-11:15:34:am.pdf

[dx100uk]

Please don't do those things yet. 

 

Get our sticky done 1st

 

Dx

[Flamjam]

Thanks for your quick reply. I’ll get this done as soon as I receive all the info from my SAR request as I have discarded everything 

[dx100uk]

SAR will be too late you only have 30 days.

 

Snotty letter time 

 

Dx

 

 

 

 

 

[Homer67]

Fill in the forum sticky, it might be out of time for keeper liability, easy stop right there.

[Flamjam]

1 Date of the infringement

16/03/2018
 

 

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

Unsure awaiting SAR 
 

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

please do not put JPG Picture files into your post

 

3 Date received

Unknown 
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Unsure 

 

5 Is there any photographic evidence of the event?

Yes, it was a spy car I believe 
 

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?

VCS

 

8. Where exactly [carpark name and town]

LIVERPOOL JLA
 

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

Unsure 

 

Answered best I could without having any documents to hand 

[dx100uk]

plenty of JLA snotty letters here they are all generic so post your idea up and we'll check it.

 

you dont use email you write to elms

 

never ever give simple simon an email address ,,,!!

 

dx

 

 

[fkofilee]

That date on the letter vs payment due date... Thats a great own goal there ELMS Legal  

[brassnecked]

Keep that letter with the dodgy date it may well be useful later if they did issue a claim on strength of it.

[dx100uk]

was this a no stopping contravention ? you said pictures so i guess it was a spycar capture... dropping someone off? what did you do there?

 

dx

 

[Flamjam]

Yes it was no stopping, the driver in question  was picking somebody up

[dx100uk]

thank you

[FTMDave]

So Flamjam, have you sent the snotty letter?

[Flamjam]

Hi
sorry for lack of replies/updates. I’ve been on holiday since 5/10 and only due back home tomorrow 26/10.

I didn’t send the snotty letter before I went on holiday, I’m guessing it’s too late to do when I get back? If so what are my options now?

apologies once again for not following advice given

 

[dx100uk]

send it

[FTMDave]

No, it's not too late.  The "deadline" is not something from a court, but rather a made-up date from a cowboy parking company and their rent-a-threat solicitor.  Just send off something generic:

 

 

Dear Ed,

 

Re: VCSXXXXX

 

cheers for your Letter Before Claim.  I creased up at the idea you thought I'd take such tripe seriously and actually cough up!

 

You know and I know and now you know that I know all the reasons why your client's airport claims are utter pants.  How many times now has Simple Simon taken a kicking from a judge?  If he wants another one, then bring it on!

 

By the way, are you really representing Simon?  In one case you aren't, in the next you are, then in the one after that you are but then you decide half-way through you aren't .. zzz ...

 

Greedy Simon couldn't resist adding £60 Unicorn Food Tax.  Big own goal!  Judges don't like these made-up sums, do they?

 

Your client can either drop this madness or get a good hammering in court (yet again).  Either solution is fine by me.  I would delight in obtaining an unreasonable costs order under CPR 27.14(2)(g) and spending the dosh on a nice foreign holiday now that we can all travel again, while all the time laughing at your client.

 

I look forward to your deafening silence.

 

COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD

 

 

Invest in two 1st class stamps tomorrow as a matter or urgency and send copies to both Elms and VCS.  Get two free Certificates of Posting from the post office.

 

The above will save you from them suing you hoping you won't reply and they can get a backdoor CCJ.

 

There is a 50/50 chance they will sue you anyway as VCS are by far the most litigious of the PPCs, but you can at least try to make your own luck.

[Flamjam]

Thanks, I’ll get on it as soon as I can tomorrow. Appreciate the advice and the snotty letter template.

[FTMDave]

It's not meant as a template, it's supposed to be sent exactly as drafted.  I've included stuff about Elms saying they represent VCS and then dropping them, etc., all of which is true from previous cases, so you come across as someone who has done their homework and would be an absolute pain in the backside for them if they did do court.

 

But there are no guarantees.

[brassnecked]

Send it exactly as FTM Dave has written it it indicates you know their game it doesn't pay to be nice to these people.

[dx100uk]

Read upload.

 

Pop up as one mass pdf please here

 

[dx100uk]

having looked it looks like the file names are the vcs pcn number? so ive hidden your post

the last thing you need is to lose your anon status to simple Simon here

 

dx

 

[Flamjam]

Hi again, I’ve received a claim form today from the court. Do I acknowledge it straight away or wait the 14days? It’s dated 3/11  and is claiming for £160 plus £35 court fee and £50 legal fees

thanks 

[dx100uk]

Please complete this then we'll advise properly 

 

 

[Flamjam]

Name of the Claimant :VCS

 

Claimants Solicitors: ELMS LEGAL

 

Date of issue – 3rd Nov 2021

 

Date for AOS - 22 Nov 2021

 

Date to submit Defence - 3 December 2021

 

 

 

What is the claim for – 

 

1.breach of contract for breaching the terms and conditions set on private land.

 

2.Defendants vehicle was identified in Liverpool John Lennon Airport on 16/03/2018 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited .

 

3.At all material times the defendant was the registered keeper and/or the driver. The terms and conditions upon entering private lane 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.

 

4.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.

 

5.The claimant seeks the recovery of the parking charge notice , contractual costs and interest

 

 

 

What is the value of the claim?

 

 

Amount Claimed £160

court fees £35

legal rep fees £50

Total Amount  £245

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defenceicon regardless by day 33 from the date on the claimform.

………….