VCS Spycar PCN PAPLOC now Claimform - No Stopping - Bristol Airport **CLAIM DISMISSED**

[Lazy farmer]

Hi, first post. Could someone direct me to the questionnaire to fill in to start things. Thanks

[lookinforinfo]

Hi and welcome to the forum. 

I think this will be the questionnaire that helps us know what VCS have done wrong. 

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket/

 

In the meantime please do not appeal as VCS never admit they are wrong and they are greedy grasping crooks.

 

[Lazy farmer]

 

 

 

 

 

.............................

 

For PCN's received through the post [ANPR camera capture] 

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement

13/09/2021

 

 

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

17/09/2021
 

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

I think I’ve done that below

 

3 Date received

19/09/2021
 

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

N
 

5 Is there any photographic evidence of the event?

Y
 

6 Have you appealed? [Y/N?] post up your appeal]

N
 

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]

Access road within Bristol Airport ( not one of the car parks)
 

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

IAS
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

Copy the windscreen or ANPR section to your thread and answer the questions...

Scan 03 Oct 21 · 17·26·27.pdf

[lookinforinfo]

Thanks for posting back so quickly.

 

The parking crooks such as VCS have to abide by the Protection of Freedoms Act if they wish to transfer a parking liabilityfrom the driver to the Keeper. They have complied with PoFa by getting the NTK to you within the specified time. I never understand why they bother to get that right then totally balls up the wording of the PCN which means their PCN does not transfer the liability..

 

As they have failed to trensfer the liability to the keeper  it is important not to divulge who was driving. That is why we advise not to appeal beacuse it is all to easy to say" I stopped" rather "than the driver stopped ". The firsr example gives the game away as to who was driving.

 

The other reason not to appeal is that neither VCS nor the IAS want to allow any appeal as they lose money when they cancel PCNs regardless of the legality of the PCN in the first place.

 

Part of their PCN wording that is wrong  is that they  asay they will pursue you on the basis that they assume you were driving . No court in the land accepts that posssibility, VCS have to prove beyond reasonable doubt who was driving.

 

There are other things wrong with the PCN and looking at where they photographed your car, it was on a council maintained road and therefore subject to the Road Traffic Act which is an area not covered by the Protction of Freedom act. So no offence committed by your car stopping there as far as VCS are concerned. That will not stop them and their unregulated debt collectors pursuing you for ever increasing unlawful amounts of money. So just ignore them happy in your own mind that they cannot touch you and they are wasting their money.

 

I am including PoFA schedule 4  section 9 [2] which begins "The Notice must... and must is very important when it involves the Law.  So if you read from 9 [2] [a] to [f] you will see how the wording deviates from your Notice to Keeper thus rendering it non compliant and that lets the keeper off the hook.

Protection of Freedoms Act 2012

WWW.LEGISLATION.GOV.UK

In the interim, could you please check with the Council that the road your car was stopped on was one of theirs and then complain bitterly to them as to why they are allowing them to atttempt to over rule the Council signs since what VCS are doing is tantamount to fraud . Also please check with the planning portal to see if they have planning permission to have erected their signs. 

 

Another thing is to see if you can get photos of where the car was stopped-without getting done by VCS and get the name of the road making it easier to identify the road for the Council and at the same time check that VCS have got the postcode right since if they have that wrong that is another reason for you not to pay.

 

Once you have those details we may be able to start hitting them hard.

[Lazy farmer]

Wow, thanks for the very concise reply. 
The alleged offence ocurred at 5am in pitch black, the vehicle was booked to park in the Meet & Greet car park but there were no signs anywhere within the airport site as to where that was. A 30 second stop to check the booking revealed it was within the Drop & Go car park. 
The place where the car stopped was outside the Hampton hotel which does have a different post code to the one stated on the CN.

None of which will make any difference to these parking scammers!

[dx100uk]

so the spycar was out at 5:30am....?

looks too high for a CCTV camera

[Lazy farmer]

Yes a spyvan observed the vehicle for a few seconds at 5am.

[dx100uk]

amazing , 

[BankFodder]

open

[Lazy farmer]

Since the initial CN I have had a final reminder (24/11), a demand for payment (13/12) & a final demand (29/12).

I have not appealed or engaged in any contact & VCS are still chasing me as the registered keeper. Driver has not been revealed. Now saying debt is £170.

Today (14/1/22) I received a Letter Before Claim, is this more cage rattling? Is this different to a Letter Before Action?

Basically do I need to do anything yet?

 

I had cause to visit Bristol Airport recently at a similar time in the hours of darkness so I have kept my dash cam footage. There is no way that even at 15mph in the dark could any driver read more than 25% of the No Stopping sign at the entrance. I can’t see how you can breach a contract that you cannot reasonably read before entry?

[dx100uk]

You must reply with a snotty letter.e

 

LOts here for airport s

 

use our enhanced google search box

 

vcs bristol

 

dX

 

 

[Lazy farmer]

How about:

 

Name

Address

 

VCS Ref

 

Thank you for your Letter Before Claim received 14th Jan 2022

 

I do not owe you anything so will not be paying.

 

Your claim has no basis in law

 

Either take me to court or drop your claim. Stop sending Final Demand letters, you are wasting your time.

 

 

[FTMDave]

That communicates the essential stuff.

 

Generally we make the letters snottier to show Simple Simon you would be a tough opponent in court and would cost him, so best to leave you in peace and look for a mug who would just cough up instead.

 

Have a look at post 38 at  https://www.consumeractiongroup.co.uk/topic/441307-vcs-spycar-pcn-no-stopping-jla-liverpool-airport/page/2/#comment-5142779  You'll need to adapt it as it was sent to solicitors representing Simple Simon and it was a second Letter Before Claim but the meat of the snotty letter is there.                       

 

[Lazy farmer]

Thank you. I shall beef it up a bit although I'm not very snotty/sarcastic by nature. Does it need to go asap or should i sit on it for a few days?

[FTMDave]

What date is on their LoC?

[Lazy farmer]

10th Jan 22, received in post on 14th

[FTMDave]

So you should reply by 10 February, no rush.

[Lazy farmer]

Today received a Claim Form in the County Court Business Centre.

I have 14 days to file a defence.

I will go over all the threads on here again before posting up a defence which hopefully someone may then give me some pointers on. 

 

[dx100uk]

no you have 33 days to file a defence

 

please complete this:

 

 

[Lazy farmer]

________________________________________________________________copy and paste

 

Which Court have you received the claim from ?

 

MCOL Northampton NN1 2LH

 

Will do this on Friday at work pc, can’t see how to scan to pdf on iPad 

 

 

Name of the Claimant :Vehicle Control Services

 

Claimants Solicitors:  ELMS Legal Ltd (doesn’t actually say solicitors)

 

Date of issue – 4th April 22

 

Date for AOS - Not yet done 

 

Date to submit Defence - 

 

What is the claim for –

 

1. The claim is for Breach of contract for breaching the terms and conditions set on private land.

 

2.The Defendant’s vehicle, (reg number), was identified in the Bristol Airport on the 13/09/21 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 driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

 

4.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.

 

5.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, the defendant has failed to settle the outstanding liability.

 

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

 

What is the value of the claim?

 

Amount Claimed £170

court fees £35

legal rep fees £50

Total Amount £255

 

[FTMDave]

The details you've given us are fine, we don't need to see the claimform.

[Lazy farmer]

So I understand that I have to do the mocl on line in the next 14 days?

[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 defence regardless by day 33 from the date on the claimform.

………….
 

 

 

[Lazy farmer]

will do 

 

[FTMDave]

Keep an eye on Zimbird's thread  https://www.consumeractiongroup.co.uk/topic/439264-unknown-vcs-ccj-bristol-airport-stopping-in-a-zone-where-stopping-is-prohibited-was-abroad/page/11/#comments

 

Zimbird has an imminent court case against VCS - for no stopping at Bristol Airport.