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

[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 

[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 

[Flamjam]

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

[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

 

[Flamjam]

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

[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 

[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

[Flamjam]

Hi again, 

 

with the CPR31:14 request, for my case would it just be 3 things I’m requesting?

1. Contract between vcs and landowner 

2. proof of planning permission for signage

3. Copies of NTD/NTK & other correspondence 

 

thanks 

[Flamjam]

Hi again, 

 

quick update, 

 

today I have received an evidence pack in the post from ELMS LEGAL

[Flamjam]

ive attached the evidence pack, hopefully ive done it correct

 

CPR Return .pdf

[Flamjam]

It’s all there, and thanks for removing duplicates

[Flamjam]

Thanks, I’ll have a read through them, I have until 3rd December to file my defence.

[Flamjam]

Defence :

 

1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time.

2. No contract was ever offered by VCS, land is subject to own byelaws and 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.

 

is that enough?

[Flamjam]

1.  It is admitted that Defendant is the recorded keeper of xxxxxxx

 

2.   As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

do I need to be more specific about the PoC or leave that for WS?

[Flamjam]

Hi again all, 

 

quick update..

 

last week I received the N180 directions questionnaire forms to be completed by 23rd December.. 

Also today I received a letter from VCS advising me that ELMS Legal are no longer acting on their behalf, also offering me a chance to settle for £185 within 14 days

 

1. Do I complete the forms and send via email or post?

2. What do I do with the letter from VCS? 
Thanks

[Flamjam]

Hi again all, 

 

quick update.

received letter today stating my claim hearing will be on 11 May 2022 at 10:00am. Partied shall by 4pm on the 23 February 2022 file at court and serve on each other. Claimant has until 4pm on 13 April 2022 to pay trial fee.

 

I’ll get my WS drafted and uploaded shortly

[Flamjam]

hi all, 

 

Ive uploaded a quick draft of my WS, could you please have quick scan over it, and advise of any changes needed, i've not added any exhibits yet

 

Thanks

WS VCS-min.pdf

[Flamjam]

44 minutes ago, FTMDave said:

 

Have you checked if Simple Simon has paid the hearing fee?  If not, give the court a quick ring.

Thanks, and fee not due to be paid until 13 April 

[Flamjam]

Hi again all, 

 

Received a letter yesterday, offering me final chance to settle for £192.50 payable in 14 days, if I don’t they will seek further costs of £220 for a local solicitor…

 

also received their WS today, I’ll get that uploaded later before I make the advised changes to my WS 

Thanks

[Flamjam]

12 minutes ago, lookinforinfo said:

 

 

 

Ancala acquires 45% interest in Liverpool John Lennon Airport

WWW.LIVERPOOLAIRPORT.COM

---

Welcome to the official Liverpool John Lennon Airport website - connecting Liverpool and the North West with the world.

 

Should I include this in my WS, bearing in mind Ancala made the purchase after my PCN was issued ?

[Flamjam]

I've uploaded VCS WS, i hope i've done it correct

 

 

Claimants WS.pdf

[Flamjam]

https://lar.liverpool.gov.uk/planning/index.html?fa=getApplication&id=157430

 

Been looking into the signage, and it appears there in no planning permission for all those signs, it says application withdrawn, or is there another application that i have missed?? 

[Flamjam]

I've made a few changes to my WS, can you have a quick look to see if i've missed any important info out or what further changes i should make, thanks again!

WS VCS 2 1 1 (1).pdf

[Flamjam]

Hi again all, 

 

Ive made a few more adjustments as recommended. 

WS VCS 3.pdf