VCS Spycar PCN Claimform - no stopping JLA Liverpool Airport

[FTMDave]

OK, well done.

 

However, I agree with dx, VCS are one of the most crooked of the PPCs and are quite capable of sending court papers to you old address.  You need to send them a further, short letter -

 

Dear Simple Simon,

 

Re: PCN XXXXX

 

would you please note that I no longer live at XXXXX and now reside at XXXXX.

 

Send if off 2nd class with a free Certificate of Posting from the post office.  Write you name at the bottom but don't sign.

[lookinforinfo]

It is a shame that you revealed you were the driver as their NTK was not compliant with PoFA so that would have prevented them from transferring the liability of the debt from the driver to the keeper.

 

As you admitted you were the driver they can pursue you as the driver. All is not lost- only the other day a motorist had a similar experience to yours-a breakdown on an airport. At the last moment they cancelled the case. 

 

 

[Doomtrooper]

Morning everyone,

 

So yesterday I have received second LBC which is attached to this post. This time however it is from ELMS legal. Do I need to respond it with snotty letter as well?  

 

Thanks

LBC.pdf

[honeybee13]

Hi.

 

To save us reading the whole thread, is this for a different parking event please?

 

HB

[Doomtrooper]

It is the same no stopping event.

[honeybee13]

Thank you - that's strange to have two letters. And it's from Elms who I thought had stopped working with VCS. I'm sure the guys will be around later to comment for you.

 

HB

[dx100uk]

Just reply with the snotty letter by day 30

Let it run till near the 30 days

[Doomtrooper]

Does it need to be exactly the same as previous one I have sent to VCS?

Edited November 4, 2021 by Doomtrooper

[dx100uk]

use our enhanced google searchbox 

 

elms snotty letter

 

just needs a few words switching to highlight how inept simple simon their client is and how many no stopping cases he has lost...no rush run the 30days 1st!

[Doomtrooper]

excuse for daft question, but what is the point of waiting 30 days?

[dx100uk]

you have the 30 days, they then must investigate for 30 days before they can issue a court claim IF IF IF they ever do.

 

its written in the pre action protocol.

they must give you 30 days to respond to the LOC.

then when/if you reply, they must wait a further 30 days from your reply date.

 

dx

 

[Doomtrooper]

Hello everyone, 

Just a little update. I have sent another SAR request yesterday, this time to DBCL.

They have put my case on hold for 30 days (until 4 dec). 

Today I have received response :

"Our client has informed us that they sent over their data to yourself on 28 October 2021, however, please find attached the evidence and the data we hold."

However I cant find my snotty letter to VCS among SAR received through DBCL. 

 

Should I need to wait another 30 days? 

[Doomtrooper]

Hello everyone.

 

So almost 30 days passed since last LBC. I am trying to send reply. here is the draft

 

Addres

Date xxxxxxx
 
Your Reference No. xxxxxxxxxx

With regards your letter date xxxxxx

Dear Elms Legal,

with reference to your speculative invoice Ref xxxxxxxx

Yet another Letter Before Claim!  Thanks!  A final final final final final final chance to pay.  As I told your client, VCS, when I received theirs sent on xxxxxxx, so you seem to think I owe them money?

    There is absolutely no intention of contributing to what must almost certainly be your healthy income by paying the above without substance  VCS claim.

    You know and I know and now you know that I know all the reasons why VCS airport claims are utter pants.

    How many times have you been hammered in court on airport claims?  Want another one?  Then fine, I will go for an unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a foreign holiday after all borders reopen while laughing at your expense.

I look forward to your deafening silence.

Kind regards,
 

[brassnecked]

looks OK

[FTMDave]

It just needs to be tweaked as it's going to Elms, not VCS.  So -

 

How many times has your client Simple Simon been hammered in court on airport claims?  Does he want another one?  Then fine, I will go for an unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a foreign holiday after all borders reopen while laughing at your and your client's expense.

 

All the rest is fine.  Write at the bottom

 

COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD

 

Invest in two 2nd class stamps, send off copies to both Elms and VCS, and get two free Certificates of Posting from the post office.

 

 

[Doomtrooper]

Good evening everyone

 

I have received Claim form

 

Which Court have you received the claim from ? Money Claims Online, County Court Business Centre, NN1 2LH

 

Name of the Claimant : Vehicle Control Services Limited

 

Claimants Solicitors: Elms Legal Limited

 

Date of issue – 21 January 2022

 

Date for AOS - 16 January 2022

 

defence date 22/02

 

 

What is the claim for – 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The Defendant's vehicle, XXXX XXX, was identified in the Liverpool John Lennon Airport on the xx/xx/2018 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited. At all material times the Defendant was the registered keeper and/or driver.

 

3. The terms and conditions upon entering private land 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.

 

The Claimant seeks the recovery of the parking charge notice,

contractual costs and interest.

 

What is the value of the claim? £245

 

Amount Claimed £160

court fees £35

legal rep fees £50 

Total Amount £245

claimform2.pdf

[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.

………….
 

plenty of JLA court threads to read here

 

they'll sort you ..

 

dx

 

[Doomtrooper]

Thanks for such a quick response...

I would like to fill defence straight away. Or should I wait?

Here is the draft

 

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

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

 

3.  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.

 

[dx100uk]

you run it till 4pm day 33

 

thats not quite enough either

 

there are better ones for JLA.

 

 

[Doomtrooper]

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.

[FTMDave]

Well done.

 

Fellow Site Team member Andyorch has recently pointed out how these disgraceful companies wait for years to sue so they can add more interest. 

 

So change your (5) to (6), and add a new (5) -

 

5.  The Defendant's invoice was issued in early April 2018 and it is unreasonable for the Defendant to delay litigation for nearly four years and to claim 8% interest for that whole period.

 

As dx says, don't file this early.  Obviously don't file at the very last minute in case MCOL is down.  A couple of days before the deadline is fine.

[Gick]

Dave, I think you mean 'Claimant' in the new 5 above 

[Doomtrooper]

Thanks everyone for such a quick response. I really appreciate...

Is there any guide on forum on how to file a defence. I am trying to find one. Do I need to submit ONLY on MCOL website?   

 

 

[FTMDave]

Well spotted Gick.  I must stop posting at two in the morning!

 

Doomtrooper, please note my mistake.  Instead file

 

So change your (5) to (6), and add a new (5) -

 

5.  The Claimant's invoice was issued in early April 2018 and it is unreasonable for the Claimant to delay litigation for nearly four years and to claim 8% interest for that whole period.

 

To answer your question, you can simply file the defence on MCOL.

[Doomtrooper]

Hello everyone,

I have received response form ELMS in regards to my CPR request.

They have included some photos from camera, but I didnt included them in document. I can do if thats important

 

 

ELMS CPR Reply.pdf