VCS SPYCAR PCN - no stopping - Bristol airport

[PersonS]

Looking for  help please.. 

 

I've received a parking charge notice from VCS

 

I stopped at zebra crossing, person crossing was my passenger and they opened door and jumped in

 

What action to take? I've been ignoring but now unsure

 

1 Date of the infringement 01/04/2022

2 Date on the NTK 06/04/2022

3 Date received 08/04/2022

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? No

7 Who is the parking company? Vehicle Control Services (VCS)

8. Where exactly Bristol Airport on main road running through airport, just in front of zebra crossing

Operate under IAS

20220422_114721.pdf

[dx100uk]

Plenty of threads here on Bristol airport

use our enhanced google search box

 

Do nothing without checking here 1st.

 

see if/when they ever send a letter of claim

 

Dx

[brassnecked]

Whatever you do Do Not Appeal.

[FTMDave]

VCS are the most litigious of the PPCs and take a large number - maybe the majority - of non-payers to court.

 

However, IIRC we have two other VCS cases of motorists stopping at zebra crossings.  VCS destroyed half the Amazon with their "threatening" letters but when it came to it ran away after their Letter of Claim.  VCS, charlatans though they are, realise they cannot seriously argue in court that the motorist should have run over and murdered the person on the zebra crossing. 

 

So as dx says, laugh at their silly letters but come back here if you get a Letter of Claim.

[Homer67]

Did you stop? You had no choice as someone was crossing! It's a ridiculous exploitation of their made up rules which won't be enforceable on airport property anyway. Don't appeal, keep their tripe for reference and wait to see if you get a letter before claim then send a snotty letter.

[brassnecked]

Should be batted away VCS think they are safe to invoice as the person crossing got into the car

[lookinforinfo]

The PCN looks compliant so they do have the right to pursue you as the keeper if the driver does not pay. However the compliance does depend on  the road being relevant land. If it is not then only the driver can be held responsible. It is highly unlikely that the road is not governed by the Road Traffic Act and is therefore not relevant land. 

 

It would be very wrong of VCS to say that they could pursue you as keeper if the road is not relevant land. In any event they don't appear to have photographic proof of the car stopped. The photos were taken after the time quoted [19.08] when the car was on the move. Plus of course the car would have had to have stopped to allow the pedestrian[s] to cross. 

If VCS had any sense [they haven't] they would not go anywhere near a Court with this one.

[PersonS]

I now have a letter of claim.

It arrived this week while I was on hols, some when between 30th May and 5tj June, despite being marked on letter as posted 24th May. It gives deadline for action as 7th June.

 

What now?

Send them a snotty letter?

If I post tomorrow will it get there on time?

Also, the keeper will not be willing to go to court, do I say now that I was the driver?

 

2022-05-24 VCS Demand for payment.pdf

[honeybee13]

Did I miss something? This says it's a demand for payment, not a letter before claim/action.

 

See what others think about their arbitrary deadline but it could be that you don't need to do anything.

 

HB

[PersonS]

Ah ok, just googled and realised letter before claim is when they say it's going to court, not that it's gone to debt collection! Should I respond now before their deadline, or keep waiting? Also question about keeper/driver still applies (keeper not willing to deal with the hassle as already under stress)

[lookinforinfo]

It is not a letter of claim.

There are usually letters from debt collectors and quasi solicitors threatening all sorts of things to scare you into paying.

You can ignore them all.

They have no grounds for issuing you with a PCN. They haven't even got a picture of you stopping at the zebra crossing!

Plus their PCN is not compliant so only the driver would be liable for any amount owing- which there isn't.

One day they may try a Letter of Claim which will be head lined at the top of the letter. If they are really stupid ( which they are ) they may then decide to go to Court . 

The chances are that they will withdraw before the hearing so just relax and don't expect a Cla letter soon. There will be quite a few letters before that intending to soften you up.

You have done nothing wrong. Just ignore them. They are just cheap crooks.

 

[brassnecked]

Yes its a threatogram, and they are already adding the Unicorn Feed tax of £71 that runs contrary to the new Code Of Practice.

[dx100uk]

Or read some of the 100's of like threads here. Much better than a general search engine. We have our own labelled Google search box 

 

Dx

[FTMDave]

IIRC yours is the third VCS/airport/no stopping/zebra crossing case we have here, and so far VCS haven't had the bottle to take anyone to court.

 

The other two waited for a Letter Before Claim, then replied ridiculing VCS for expecting them to murder the people who were using the zebra crossing, and have heard nothing (so far).  A good strategy to follow.

 

However, watch out that all this "the keeper will not be willing to go to court" should have been brought up months ago, not now.  VCS will pretend there was a time limit during which to name the driver and you have gone beyond that.  Should VCS do court - and I repeat they haven't had the gonads to do court in similar cases - I'm afraid the keeper would have no choice.

 

 

[brassnecked]

You cannot go softly softly with VCS, you have to go in hard.

[PersonS]

Am I correct to think a letter before claim has to come from a solicitor? I've got a letter from VCS saying this is the final opportunity to settle claim before court proceedings are commenced and want to be sure I'm not ignoring the wrong letter...20220613_131338-converted-compressed.pdf

[dx100uk]

a letter of claim will state letter of claim and contain a reply pack want I&E details etc.

 

read like threads.

 

dx

 

[Gick]

To answer the other part of your question, no, a letter of claim or letter before claim, does not need to come from a solicitor. Any claimant can issue one in their own right.

[PersonS]

Right, I now have a letter before claim. Do I send a snotty letter only or do I need to fill in the reply pack too?

[lookinforinfo]

Snotty letter time.

[honeybee13]

Definitely don't fill in their pack, you could end up telling them things that help their case.

 

HB

 

[dx100uk]

Not a good idea to ever give anyone all you pers financial details unless in court and demanded by a judge. Non of their business.

 

Read like threads.....

 

Dx

[brassnecked]

deffo not their pack just a snotty letter.

[PersonS]

Would you mind reviewing what I plan to send please? Also is there any way for me to limit the amount of time they have to respond? Would prefer not to have this hanging over me...

 

Responding to your letter of claim to make it clear no payment will be forthcoming.  You must really be Simple Simon if you’re not aware it’s a legal requirement to stop at a zebra crossing when someone is crossing and that this doesn’t constitute parking.

 

Even if this wasn’t the case the Protection of Freedoms Act (POFA) 2012 Schedule 4 states that Airport land is not 'relevant land' as it is already covered by statutory byelaws and is specifically excluded from keeper liability.

 

I see you couldn’t resist adding on unicorn food tax, you really know how to make a bad case even better (suggest you check out DDJ Harveys’ judgement at Lewes on 5 February 2020, claim number F0HM9E9Z).

 

Please be aware that if you persist in taking this to court, I will be claiming unreasonable costs under CPR 27.14(2)(g), which I will spend on well-deserved break after having to deal with this nonsense.

 

 

 

 

[FTMDave]

Well done on all the research you've done with the letter.  We wish everyone would do that, instead of wanting to be spoon fed!

 

The only thing to change is "(suggest you check out DDJ Harveys’ judgement at Lewes on 5 February 2020, claim number F0HM9E9Z)" because, although reference to that case was excellent where you found it, later on the fleecers appealed the judgement in that case and sadly won.  Instead write in that bit "Look up section 9 of the government Code of Practice dumbos".

 

Was it VCS themselves who send you the LoC or one of their spiv solicitors like Elms?

 

To answer your question, sadly no, they have six years in which to issue a claim.  In practice, after receiving your snotty letter they will either decide to chance it and sue you anyway or they'll decide the zebra crossing is ridiculous even for them and crawl back under their stone so you'll hear nowt.  Either way you'll know within a month or so.