VCS SPYCAR PCN - no stopping - Bristol airport

[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.

[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.

 

 

[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.

 

 

[FTMDave]

Interesting.  They usually use a solicitor.  Must have changed their strategy yet again.  I asked as we usually send the snotty letter to both the solicitors and the PPC, but here there is the only PPC.

 

I would suggest a couple of additions/replacements in red.

 

Send it off in the next few days and get a free Certificate of Posting from the post office.

 

 

Re: PCN no.XXXXX

 

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.  I was not prepared to commit murder to obey your silly signs and no judge would expect me to!

 

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.  Look up section 9 of the government Code of Practice dumbos.

 

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]

We see loads & loads of VCS cases.  When Simple Simon has decided on court then everything is generally pretty fast.  Letter of Claim.  Snotty letter reply.  Claim form.

 

Yet in your case Simon is continuing the correspondence.  Methinks he isn't too confident.

 

We have two other VCS-zebra crossing cases and in neither has Simon done court.

 

None of this is a guarantee.  VCS are an extremely litigious company.  It is still possible a claim form will end up on your mat.

 

Personally I would do nothing now.  You've already sent the snotty letter.  You told Simon to put up or shut up,.  Yours is not the next move.

 

As for your husband.  Well if he didn't want to be involved then he should either have paid or named you as the driver in April.  He is the registered keeper of the vehicle and if VCS issue a claim form it will be against him.

[FTMDave]

@PersonS

 

20 hours ago, dx100uk said:

did this die?

 

dx