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VCS Spycar PCN Claimform - no stopping John Lennon Airport Liverpool


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Hi, I had to join today, as I was reading about the various Liverpool JLA/VCS ltd threads. 

 

Mine happened in July 2019 when I couldn't find my pre-booked private car park using my SatNav, as the postcode for the airport and the car park are identical.

 

The private car park is about 150 metres away (I don't wish to name the car park, as they didn't do anything wrong) as you leave the airport and a turning off the dual carriageway. I mistakenly turned into the short-term airport car park right next to the cam recording vehicle and I immediately realised it wasn't mine, as it didn't have the name of my car park, but I'd been driving around for about 30 mins and my gate was closing in an hour,

 

I stopped at the entry of this car park, just off the roundabout and headed back out of the airport. No drop-off's or pickups, just a 40 second stop to turn around.

 

They sent 12 debt collection letters from 4 different companies and each company claiming differing amounts from £136 to £160. I also ignored the ELMS letter from September 24th 2021 and now received a moneyclaimsonline court letter 3rd Nov 21. ELMS claim it was breach of a  contract by stopping for 40 seconds, whilst turning around.

 

I've read the various threads here and picked up a lot valuable info - mainly that I didn't enter into any contract, particularly as I was driving and it was 5:30am, so it was dark/dusk.

 

Who can read contracts driving in a car?

 

 

Does anyone know if these particular  signs are lit?

I live 200 miles away, so can't check myself.

 

I joined here because it seems ELMS/VCS are upping the ante by issuing court proceedings to so many and I assume this is just a tiny proportion of people on here being pursued by VCS, but it would be interesting to find out how many there are out there and what's brought about this urgency for take legal proceedings?

 

Apologies for the long post.

Has anyone considered a class action against VCS?

 

I will of course contest my case too and would be interested in a class action, but I'm not a legal eagle.

Edited by dx100uk
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Was it headed Letter Before Claim or Letter of Claim or Letter Before Action or similar?

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stuff all that jimmy

not replying to a LOC is not a big crime cant hurt you.

 

can you fill this out please:

 

and scan up all letters in/out bothsides please to one mass PDF

read our upload guide CAREFULLY.

 

then we'll get you moving correctly and beat simon.!

 

dx

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to VCS Spycar PCN Claimform - no stopping John Lennon Airport Liverpool

Name of the Claimant :VCS

 

Claimants Solicitors: ELMS LEGAL

 

Date of issue – 3rd Nov 2021

 

Date for AOS - 19th 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 30/7/2019 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 PCN, contractual costs and interest.

 

 

What is the value of the claim?

 

 

Amount Claimed £160

court fees £35

legal rep fees £50

Total Amount  £245

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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.

………….
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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God knows how many attendants they must have  in order to be right on the scene  whne some one does a U turn at 5.30am

I think we probably have enough pictures of the No Stopping signs so no need to take some more. however if you could please complete the questions below so that we can find out how many reasons you have for not having to pay their PCN.

 

 

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Can I just say that Flamjam has the identical claims on another post here, even receiving the MCOL letter on the same day as me.

 

Our personal circumstances might be different in terms why we received the PCN, however it seems circumstances are irrelevant when VCS are concerned chasing down a PCN.

 

I would welcome just following Flamjam's thread to save you wonderful moderator's a few minutes per day.

 

However, either way suits me.

 

My next step is to complete the MCOL form, and the details are on Flamjams post.

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there are 100's of no stopping threads here

 

i would STRONGLY recommend you allow yourself to be CHECKED at each stage please BEFORe you actually do anything.

 

when it gets further down the line say to witness statement stages thing WILL be different.

 

simon will not blink an eyelid at totally trying to decimate you over any slight error.

 

just incase you did mean the manual paper....'form' ...no you dont use the claimform pack, that is ONLY for ref from here on in use online MCOL website as per last instructions.

 

its great you are reading like threads the more you read here the stronger we become

 

dx

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Also just to confirm,

I completed the NTK received on 8th Aug 2019.

 

I had dropped off my car in the private car park on 30th July and picked it up 2 weeks later on 13th Aug and the PCN was one of the letters I opened on arrival home.

 

I thought by giving them all my appeal details i.e I was looking for my private car park and turned into the wrong car park by mistake for 40 seconds, with all the documentation of the car park I had pre-booked and location etc, that it would be enough to cancel the PCN.

 

However, after reading the stuff on here, it seems even if a sinkhole appeared and I drove into it, they would still say it's a stopping offence. So apologies I gave myself as the driver and made an appeal.

 

BTW, one of the drop down options for mitigating circumstances is "asking for directions" in their online appeal form, which I clicked. It seems there are no mitigating circumstances to cancel a PCN.

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We have two VCS airport no stopping threads where they are threatening motorists with court for stopping at ...

 

... a zebra crossing.  I kid you not.  In one of the cases there's also a photo of a pedestrian on the zebra crossing.  That's the kind of vermin you're dealing with. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Yes I read that one and also another one who broke down in Southend airport service road.

Judge dismissed the claim as "VCS had no claim because they didn't own the land" or something along those line. 

 

It's lucky I came across this site, otherwise I would've naively entered my personal mitigating circumstances for the judge to sign off as enough to dismiss the case.

 

Now I know the brutality of this situation.

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24 minutes ago, JimmySpices said:

BTW, one of the drop down options for mitigating circumstances is "asking for directions" in their online appeal form, which I clicked. It seems there are no mitigating circumstances to cancel a PCN.

no its simply a way of getting a mug to admit they were the driver at the time..

 

clever little buggers aren't they..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@JimmySpices

dont forget to get all you docs up please

they are just important as getting AOS/CPR done.

 

the earlier our experts find holes..

the earlier they can prepare.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Apologies, I just noticed an error above. I copied it directly from Flamjam:-

"2.Defendants vehicle was identified in Liverpool John Lennon Airport on 16/03/2018"

Please change to 30/7/2019. I wasn't able to modify or don't know how to.

 

It does play into my first post here asking if there's new urgency in taking old PCN's down the legal proceedings route. Flamjams was 16/3/218 and mine on 30/7/2019, yet we both received the MCOL on the same day - 3/11/2021.Is there a new code of practice in the "parking" industry being imminently introduced? Any thoughts?

 

I think these are the only 2 docs relevant for now. I didn't get a copy of my appeals form, but it's pretty as per my first post here.

The other 12 docs are from the DCA's and an LBC from ELMS. I haven't mastered adding multiple PDF's as a single doc yet - sorry.

 

Edited by dx100uk
pdfs copied offline as not redacted
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22 minutes ago, JimmySpices said:

Apologies, I just noticed an error above. I copied it directly from Flamjam:-

"2.Defendants vehicle was identified in Liverpool John Lennon Airport on 16/03/2018"

Please change to 30/7/2019. I wasn't able to modify or don't know how to.

 

It does play into my first post here asking if there's new urgency in taking old PCN's down the legal proceedings route.

 

Flamjams was 16/3/218 and mine on 30/7/2019, yet we both received the MCOL on the same day - 3/11/2021.

Is there a new code of practice in the "parking" industry being imminently introduced? 

Any thoughts?

date updated in poc post.

 

as for your question no. don't ever try and read anything into anything they do.

it probably means someone was looking for easy mugs to start court against, often the text of appeals, or the very fact a mug appealed, triggers them to start that process as they hope people wet themselves and cough up immediately.

 

as for your documents 

sorry but devil is in the details

we need bothside of every letter,

as for one mass PDF, use the websites listed in our upload guide, pdfmerge and pdfreducer

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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opps your uploads are no good

please dont just use a pen we can see your details through it.

 

both removed to off line

we dont need anything from the northants bulk claimform pack either please

 

edit: i also see you have left QR and barcode pictals, remove those and all the little texts around the in the margins 

the pcn no is bottom right another is vertical on the left

please be careful to redact all doc bothsides properly.

take your time

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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we dont need the claimpack see my last post

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thats fine 

now we need the flipside and everyother letter bothsides

one mass PDF will do.

 

well done.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On 12/11/2021 at 22:24, dx100uk said:

as per the guide you just followed.........

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for posting up your NTK.

It is non compliant for two reasons.

 

The first reason is that

there has to be a period of parking stated ie from 2.45pm until 2.58pm. It is insufficient to say that the period of parking began immediately preceding the time stated. It could have been 10 seconds or 17 minutes.

 

As in many cases there is a ten minute grace period then where the waiting time be less than 10 minutes no offence would be incurred. In any event no period of parking was involved since stopping is not parking. God they are ignorant gits.

 

The second reason is that

under PoFA there are certain places where the wording has to follow the regulations and time and again the parking crooks miss out certain sentences that render their PCN invalid. Sometimes them being ignorant gits works in our favour.

 

If you read  PoFA Schedule 4 s9 [2] it states the Notice must .....

and in s9 [2][f] it states  " 

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

 

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met]  have the right to recover from the keeper so much of that amount as remains unpaid;"

 

As you can see from your own PCN that the writing in brackets (if all the applicable conditions under this Schedule are met] are missing. Thus rendering your PCN invalid. 

 

What that means is that only the driver is responsible for any alleged debt and the debt cannot be transferred over to the keeper. Which is why we advise not to appeal since that often leads to the keeper outing themselves as the driver. 

  

 

Edited by dx100uk
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Thank you for your response. So my confusion is that the PCN is for stopping in a no stop area and presumably that's 24hours a day, so would they need to specify a time? Are you saying  a PCN cannot be issued for stopping, but only for parking?

 

With regards to the second point - I completed their appeal process with VCS (not POPLA) and therefore disclosed myself as the driver. I've already been ticked off for that here. However, can I just say that in the past few days I've read a few different court transcripts (http://www.parking-prankster.com/case-law.html) and pretty much the main reason for dismissal is "no evidence for right to claim" with regards to not producing a contract between the parking company and the land owners.

 

I'm trying to research if VCS have authority for legal proceedings at Liverpool Airport, as this might be the key issue. I recently read there are now 3 separate land owners for this airport.

 

 

Edited by JimmySpices
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