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

[lookinforinfo]

Found it.   Relationship with landowner  s1[g]

 

g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs.

 

 

Private Parking Code of Practice - GOV.UK

WWW.GOV.UK

That is another item that VCS continue to ignore but Judges should now take more notice of it since it is now included in the CoP. Add it to the list to further help you against this bunch of rogues.

[Flamjam]

Hi again all, 

 

Ive made a few more adjustments as recommended. 

WS VCS 3.pdf

[lookinforinfo]

Something else to add Flamjam. I have just read that on the preamble by the Minister on the subject of the new CoP  said

 

"       The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible.

So he is expecting the parking world to come into line now as far as they can. VCS have not moved at all so you should bring  that to the attention of the Judge as I believe    it is more that the paperwork has to be amended rather than that will take time rather than the est practices that they should already be moving to. VCS have not moved a jot.  Still the same old dinosaur. The clock is ticking.........................will Judges take action? Be very afraid VCS. 

 

[brassnecked]

Looks good,

Typo at 7.4 should it be Bordering?

At 8.6 regarding the Letter, include it and indicate it as an exhibit at that point, so the Judge knows VCS have indeed used a coercive letter for spurious costs not applicable in Small Claims Track.

9.1 Ms Arshad rather than Ambreen first name best avoided always use surname.

[FTMDave]

Great work.

 

BN is right, the letter needs to be an exhibit in (8.6).  Other exhibits needed are the fleecers' PCN (4) and the section of POFA (5.1).

Your LIABILITY title needs to be changed to NO KEEPER LIABILITY.

 

(7.1) & (7.1.1) need to go into a new section ILLEGAL CONTRACT.  Then rub it in at the end of (7.1.1) "therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be formed where criminality is concerned".

 

In (9.4) you might as well add "MP" after his name to emphasise this is parliament at work.

[Flamjam]

Hi again all, 

 

I've made a few more adjustments as recommended. 

 Really appreciate all your input.

 

 

[FTMDave]

Locks superb to me.

 

In 10.3 remove the inverted commas.

 

In the ILLEGAL CONTRACT the order of the words needs to be moved around, which is my fault I was unclear about which paragraph to expand.  It's done now below -

 

ILLEGAL CONTRACT:
8.1 After receiving the Claim form I subsequently submitted my CPR31:14 request, in which I requested
copies of the claimant's planning permission for the signage at the site in question. The claimant failed to
produce any, and after checking this myself, I found out that there in NO planning permission granted for
said signs, therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.

8.1.1 Planning application for the relevant signage (ref: 15A/0657) was made on 11/03/2015 which
expired on 24/08/2015, however without permission being granted this application was later withdrawn
by the applicant on 16/06/2021.

[brassnecked]

Yes looks good for sure, with FTNDave's tweaks above. If you can make the font size for the quoted section 5.3 of the COP the same as the rest of the WS for consistency.

[Flamjam]

1 hour ago, brassnecked said:

Yes looks good for sure, with FTNDave's tweaks above. If you can make the font size for the quoted section 5.3 of the COP the same as the rest of the WS for consistency.

Yea, was gonna sort out all the font etc at end, once got everything in place. Is there a specific font or font size that is recommended? Thanks

 

Few more adjustments made, i Also didn't redact the letter on my last WS post , could someone please delete it?

 

 

 

WS VCS 3 (5).pdf

[lookinforinfo]

Flamjam you have done an excellent job and a lot of research -very time consuming. However and I hate to suggest it, but you are still short of getting across to the Judge who may read your WS how the new CoP should be bringing in changes now. Here is what the Minister said-

"The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible. The Code will then come into full force before 2024, when the single appeals service is expected to be in operation."

What the Minister is saying that as the Code has now been published that adjustments from the old CoP to the new one has begun. So while new paperwork will take time to be permitted, things like additional rip off debt charges for example should already be a thing of the past. 

 

 

[Flamjam]

Few more final amendments made, as advised

 

I'll need to get this submitted tomorrow as my deadline is 23/02

 

WS VCS 4 (2).pdf

[lookinforinfo]

That is a lot stronger and may give the crooks second thoughts about going to Court. Please include the new CoP and the comment by the Minister Neil O'Brien who made the comments about the Code starts now [Not Greg Knight] to see if the Judge will start to root out the rogues.

[Flamjam]

Few more final amendments made, as advised

 

Hopefully ive included everything as advised.

 

WS VCS 6.pdf

[brassnecked]

Excellent defence

should be enough to rattle VCS when it arrives.

[Flamjam]

All good to submit? 

[Flamjam]

Hi again all. 

 

Today is the day where VCS had to pay the court fees, by 4pm. Will I get any confirmation whether this has been paid or not? If I need to contact the court, do I contact my local court which it was transferred to or contact the county court business centre? Thanks

[dx100uk]

no.

yes

mcol ended with transfer

 

 

[Flamjam]

Thanks for the quick reply, I’ll contact my local court tomorrow and let you know what they say.

[Flamjam]

Spoke to the local court, who advised the fees have been paid, looks like a day in court then… any advice/tips for when I go? 
thanks

[Flamjam]

Hi again all, my date in court is tomorrow, any ideas what types of questions the judge may ask? Also I’ve made a list of my main points, should I add/remove any? Thanks 

1. no liability - POFA can’t apply, no proof I was driver. 

2. no valid contract with land owners (expired)

3. breach of GDPA - Mis-use of Kadoe/POFA to obtain my details

4. Abuse of process - attempt double recovery

5. stopping isn’t parking

[lookinforinfo]

Good luck tomorrow Flamjam-not that you should need it.

I expect the Judge will be asking their brief most of the questions. 

Although there is a new Act some of the things in it are just reinforcing  PoFA2012. Such as the maximum charge is £100-the amount stated on the signage and the amount quoted on the PCN. I t has always been that so when the Government Minister said that the extra charges were "a rip off", that was not new-it has always been the case. It was the Will of Parliament then and it still is and will be.  

How any paralegal can aver that there WS is true and accurate where extra charges are included in the face of such evidence against the charges is tantamount to perjury and should be subject to exemplary damages.

Don't forget to ask for your costs when you win. 

[lapwing_larry]

Good luck!

 

With such a strong WS, it is very possible VCS will not show up.

 

Also remember, there can be no presumption that the keeper is the driver - they may try this one if they do appear.

[brassnecked]

They might appear with a brief who got the papers night before, the author of the WS highly unlikely to appear as they would not want to be cross examined.  They think Beavis permits the extra charges, it does not.  Good luck tomorrow let us know how you get on.

[honeybee13]

Good luck Flamjam.

 

HB

[Flamjam]

Just been in with the judge, their brief has turned up but claiming to not have received my WS. Been adjourned for short period of time why they look over my WS and decided their next action . Will keep you posted