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

[Doomtrooper]

how would you verbalize this kind of tactics? Is it Abuse of process?

[Flamjam]

1 hour ago, FTMDave said:

 

To clarify things, why do you want to send a SWS?  What extra points do you want to make?

nothing major, i just wanted to point out the criteria of keeper liability as mentioned in section 2 for aNPR here

 

Keeper Liability and POFA 2012 explained

PARKINGFINE-APPEALS.CO.UK

---

Explains, in layman's terms, the concept of Registered Keeper Liability in relation to the POFA 2012 and private Parking Charge Notices or PCNs.

 

[brassnecked]

VCS alleged non reciepts are an attempt at abuse of process, which is a why the Free Proof Of Posting is essential, as is legally acceptable proof that VCS have had the WS, if First Class posted Monday deemed delivered Wednesday, so a scan of the proof and the original are good to include in a pack ready to produce if VCS try the " We haven't had the defendants WS your 'onour really we haven't guv" tale of woe.

[FTMDave]

8 hours ago, Flamjam said:

nothing major, i just wanted to point out the criteria of keeper liability as mentioned in section 2 for aNPR here

OK, well tomorrow send VCS the WS again 2nd class to the address shown in their DQ and obviously get the free Certificate of Posting from the post office.

 

Then pop up your SWS so we can have a look at it.

 

Doomtrooper is including a paragraph in theirs about Simon's lies in pretending to have not received WSs.  You might want to do the same especially as the second hearing could be with a different judge who wouldn't appreciate the court's time being wasted.

 

 

[lookinforinfo]

I tend to think that while it is trying to hoodwink the Court by saying that heaven't received the Defendant's WS, once they then carry on and ask the Judge to ignore the Defendant's WS they are moving into perverting the course of Justice. A much more serious charge. Call a spade a spade. One sure way too to put an end to VCS not being able to find a WS.

[brassnecked]

Yes include those previous case where they have done the shenanigans of non receipt, you never know Simon might get hauled up in front of the Beak soon for perjury

[FTMDave]

Have you sent VCS their WS again yet?

 

If not I'm just thinking a covering letter making it clear their perjury has been sussed would be in order.

[Flamjam]

12 hours ago, FTMDave said:

Have you sent VCS their WS again yet?

 

Yes. The judge recommended I send it within 7 days of hearing, I’m now on holiday, so had to send it Saturday , sent it “signed for” with royal mail

[brassnecked]

A Free Proof of Posting better, Signed for is good, but these people have form for refusing signed for post, and complaining they have not received it.  A FPP means in law its deemed delivered the second working day after posting at post office, no quibble no argument its been delivered under the law and the proof of posting slip is acceptable as proof  of delivery in court..

[Flamjam]

I made sure I got proof of postage aswel

[brassnecked]

Doubleplus proof love it, if VCS refuse delivery and say haven't had it might be problematic, as their refusal will bite them. when the pack does an Elvis and returns to sender.

[Flamjam]

Hi again all, quick update, 

VCS have signed for my WS. 
 

also received new court date for October, and VCS have until 8th June to submit a new WS in response to mine. 
 

How do I get my court date changed as I will be away when it’s scheduled for? 
 

thanks 

[FTMDave]

3 hours ago, Flamjam said:

How do I get my court date changed as I will be away when it’s scheduled for?

I think with extreme difficulty, and this is exactly the sort of situation VCS wanted to cause when they got the case adjourned.

[lapwing_larry]

Did you not make the court aware of your unavailability on this date in the Directions Questionnaire?

[Flamjam]

1 hour ago, lapwing_larry said:

Did you not make the court aware of your unavailability on this date in the Directions Questionnaire?

yes, I put the dates I wasn’t available but it only asked for dates within next 6 months. 

[lapwing_larry]

OK. Fair enough.

 

It could have helped your case if this had been noted. However, you were not to know that 6 months was not a reasonable timescale for the court date.

 

It would seem that contacting the court at the earliest opportunity to make them aware would do no harm.

[Flamjam]

On 31/05/2022 at 13:09, Flamjam said:
 

also received new court date for October, and VCS have until 8th June to submit a new WS in response to mine. 

hi again all. 
 

quick question please, on my letter from court with my new date, it stated that VCS had until 8th June to respond. Does that mean until 8th June to send their response or 8th June for me to receive it? As of yet I’m yet to receive any response 

 

thanks

[AndyOrch]

8th June to file and serve and for you to receive (file and serve file with the court serve a copy on the defendant)

 

Andy 

[Flamjam]

Hi again all, 

 

I received VCS new SWS on the 11th June.. 3 days late...

Ive uploaded it, please have a look through it and let me know what you think. 

Thanks

 

 

SWS merge.pdf

[brassnecked]

Hmm Victorian Court caase in thwere,  as its no stopping can't be a parking event looks like more rubbish being chucked to bolster their attempt, other's will be along soon.

[lookinforinfo]

 

 

Ambreen is on a flight of fancy here. The airport is covered by Bye Laws there is no need for her to talk about rights of way, there are bye laws. That means that PoFA does not apply as the land is not relevant land.

Tell Ambreen not to be so stupid. This is an airport. Is she seriously suggesting that the land owner can prevent passengers who have booked and paid for their flights entering the airport. The land may be private but it is used by the public to travel by plane

if you haven't already done so, please get VCS to pinpoint exactly where you stopped. I am pretty sure it will not be within the red lines that they have painted..  Their maps in the WS are worse than useless as there are no road names anywhere and nor is there the name of the road where you stopped.

The NTK is unlawful as it includes a section that explains that there is keeper liability when there is none.   .Please mention the no keeper liability in your supplementary. The Judge may wish to comment on it.

With the BPA POPLA appeal PCNs are frequently cancelled when no keeper liabilty is in force. The IAS never cancel them so no point in appealing.

 

Point 9 Airport Laws are not arbitrary they are statutory and have to observed for the safety of passengers and workers on the airport. 

To confirm here is a new set of Bye Laws just brought up to date last year. Hardly arbitrary then Ambreen. How can she sign that hre statement is the truth. She is the most ignorant para legal ever if she thinks that what she said there is true.

 

In the contract at 9.3 it is stated that the contract is governed by English Law and that obviously over rides the ISC code of Practice. So as the Law is that no more than is quoted on the sign can be pursued in Court  PoFA2012  and that is confirmed by the Private Parking Code of Practice 2022  section 9

"The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued."

So that rules out points 14,15 and 16 even though the ISC code allows charging the extra £60 it is against the Law. I am surprised that the para legal does not know that and am left wondering how the Statement of Truth can be signed and shows what a venal bunch ISC, VSC  and Elms are.

[brassnecked]

Yes that's what she is suggesting by linking those Victorian cases, that a legitimate passenger can be refused entry it may seem, that supplementary WS has done them no favours.

[lookinforinfo]

I think you could add a bit on the end about VCS and the post.

You understand that in the past month or so VCS have claimed that they have not received a WS from  at least 10 people they are pursuing in Court.  I would not claim that this could be  anything but either a problem with their mail deliver or in their own mail room. However a n ethical company would surely not come to Court and ask to have my defence dismissed knowing that the liklihood for the missing document was at their end rather than mine. Incidentally, their SWS arrived with me three days late so perhaps the problem may be in their mail room.

 

[Flamjam]

Hi again,

 

today I received a reply from the courts with regards to me changing the hearing date.. I’ve got 2 options..

1 get written consent from VCS to have the date changed . 
or 

2 lodge formal application to courts with form N244 along with court fee of £108 to be “considered” by district judge.

 

so what’s the chances of VCS agreeing to change date? I ain’t paying £108 when judge may reject it and if was gonna pay £108, I would be as well just paying the fine

[dx100uk]

Pay what fine?

 

Dx