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VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport


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Hi all.  Details are,

1 Date of the infringement 13/05/23

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  issued 23/05/2023

3 Date received 29/05/202

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] No, made no contact

Have you had a response? [Y/N?] post it up N/A, no contact made

7 Who is the parking company? VCS

8. Where exactly [carpark name and town] BRISTOL AIRPORT, STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED.  CAR STOPPED AT ZEBRA CROSSING

Claim Form.pdfNTK with photo evidence.pdf

I have received a County Court Claim Form and have confirmed I will challenge.  Any help to tailor my challenge would be appreciated 

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Thanks for filling in the forum sticky so quickly and uploading the invoice - we wish everyone would do that!

You bad, bad person - fancy actually stopping at a zebra crossing.  In one of Simple Simon's no-stopping zones.  In fact the photos don't even show you as stopped, you could just have been slowing down.  We have seen VCS trying it on when someone stopped at a zebra crossing and a passenger popped out, but there is none of that in your photos.

So, have you done Acknowledgement of Service?

Did Simple Simon send you a Letter of Claim or so before starting court action?

And - between us - why did you, er, slow down at the zebra crossing if no-one was actually crossing?  Just asking so as to undermine VCS's predictable arguments in court.

Edited by FTMDave
Typo

We could do with some help from you.

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please

 

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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The  PCN does not comply with the Protection of Freedoms Act because airport land is subject to Bye Laws and is therefore not relevant land.

That means that only the driver is responsible to pay VCS and the keeper is not liable.  All you have to do is not to admit who was driving. And for example were you to say that I slowed down at the zebra crossing instead of the driver slowed down could be an admittance of who was driving.

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We need you to answer the questions if we are to help properly.

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

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On 10/11/2023 at 23:19, Danny83 said:

I have received a County Court Claim Form and have confirmed I will challenge.  Any help to tailor my challenge would be appreciated 

Does this mean you have done the AOS?

If so when do you need to submit defence?

Come on Danny... we want to help you... give us a clue!

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We could do with some help from you.

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Hi all.   Thank you for your responses and apologies for my tardiness.

I have done the AOS and due date is 28th Nov
 
I did receive a letter of claim before court action
 
That's reassuring to know that the keeper can't be held liable. Thank you for the information "lookinforinfo"
 
Also interesting that the invoice is out of time.  I did receive after 14 days but the postage date (on the letter) was at day 10 so I'm guessing they would say it was on time.  The letter didn't appear to be recorded delivery so I'm not sure how you would prove either way.
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It would have been better to reply to the Letter of Claim to try to put them off taking you to court.  Having said that, VCS are by far the most litigious of the PPCs so a reply probably wouldn't have saved you.

Yes, lying about the date the invoice was sent, and having no postmark on the envelope, is par for the course for the fleecing PPCs and unfortunately judges let them get away with it.  Not that it will save VCS in this case as, as LFI has pointed out, POFA doesn't apply to bye-law land.

You have a great chance of beating Simple Simon.

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

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On 11/11/2023 at 00:46, dx100uk said:

please

 

can you do this sticky please

23 hours ago, Danny83 said:

due date is 28th Nov

if you mean your defence...nope. do the above sticky and all will become clear to us and YOU.

dx --- urm my right foot was frozen couldn't get mt sick off.....1st dec by 4pm..

 

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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Which Court have you received the claim from ? Money Claims Online, County Court Business Centre, Northampton NN12LH

Name of the Claimant :  Vehicle Control Services, Sheffield, S9 1XH  

Claimants Solicitors: ELMS LEGAL Ltd, Sleaford, NG34 7TQ 

Date of issue 31st Oct 2023

Date for AOS - 17th Nov 2023 

Date to submit Defence - 1st December 2023 

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, xxxxxxx, was identified in the Bristol Airport on the 13/05/2023 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. 

4.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. 

5. 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. 

6. 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?

Amount Claimed  = 170.00

court fees = 35.00

legal rep fees = 50.00

Total Amount = 255.00

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Yes.  Didn't reply

Claim Form.pdf

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

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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Share on other sites

With airport PCNs it doesn't matter if the ticket arrives within 14 days or not since the land is covered by Bye Laws which means that the onus to pay the PCN cannot be transferred to the keeper-only the driver is liable.

This makes it difficult for the rogues to win in Court since there are thousands of people who are legally allowed to drive your car and Court do not accept that the driver and the keeper are the same person. 

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