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24

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  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
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    Please post this on https://www.pepipoo.com as well, there's a lot more that can be added to the defence. I can't believe these morons have taken this step. They will need toothbrushes on this
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • morrisoscar
    morrisoscar Posts: 209 Forumite
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    Will be keeping an eye on this as my son has just sent a soft appeal for the same alleged breach. Please keep us informed.
  • Coupon-mad
    Coupon-mad Posts: 132,780 Forumite
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    from WEDDING1944 the latest from VCS we have received claim forms from Northampton County Court who have issued a claim for £152-94 from VCS we have filled out form on line to court "acknowledgement of service" telling reasons for not paying the fee that VCS has put before court in that the car broke down for 30 seconds and that is the time given by VCS watch this space


    None of us will want to watch this space if that is all you said in your defence, as you will lose!!!!!!!:eek:

    Please post on pepipoo for advice about a proper defence to this fake PCN.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 132,780 Forumite
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    Will be keeping an eye on this as my son has just sent a soft appeal for the same alleged breach. Please keep us informed.


    Your case is completely different as you will get help to word a proper POPLA appeal. You never just 'say what happened' in such appeals and it seems that is what this poor poster has done so far. No wonder VCS have picked this case for a rare Court claim as they know they'd win if that's the only defence. Really hope he/she gets a decent FULL defence sorted quickly and sent to the Court and to VCS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • wedding1944
    wedding1944 Posts: 11 Forumite
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    In defense it was put down that the car coasted to a halt after engine stopped responding to accelerator peddle so we had no control of what was happening and then having to pull over to side of road but after a 30 second stop a time of stop given by VCS we managed to get car to respond and moved off and that at NO TIME was car causing a danger to other road users and was not even on the bus lane part of road only one other car passed whilst stopped
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024 Forumite
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    In defense it was put down that the car coasted to a halt after engine stopped responding to accelerator peddle so we had no control of what was happening and then having to pull over to side of road but after a 30 second stop a time of stop given by VCS we managed to get car to respond and moved off and that at NO TIME was car causing a danger to other road users and was not even on the bus lane part of road only one other car passed whilst stopped
    You don't seem to get it. In the time between losing at POPLA and getting the court papers, did you look around this and other forums at all? The defence you seem determined to pursue it irrelevant and WILL LOSE. Forget about that. Your defence will have to be on various counts, such as no contract being entered into (I bet the signage is utterly inadequate), even if there was a contract, and you breached it, the losses to the landowner are zero, VCS probably don't have authority to pursue the ticket to court anyway, and much more. Go to pepipoo as suggested, and put together a proper, robust defence.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    You don't seem to get it. In the time between losing at POPLA and getting the court papers, did you look around this and other forums at all? The defence you seem determined to pursue it irrelevant and WILL LOSE. Forget about that. Your defence will have to be on various counts, such as no contract being entered into (I bet the signage is utterly inadequate), even if there was a contract, and you breached it, the losses to the landowner are zero, VCS probably don't have authority to pursue the ticket to court anyway, and much more. Go to pepipoo as suggested, and put together a proper, robust defence.
    À
    Absolutely right. Mitigation doesn't usually work. You need a defence based not on your "failure" but on theirs.
  • Coupon-mad
    Coupon-mad Posts: 132,780 Forumite
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    In defense it was put down that the car coasted to a halt after engine stopped responding to accelerator peddle so we had no control of what was happening and then having to pull over to side of road but after a 30 second stop a time of stop given by VCS we managed to get car to respond and moved off and that at NO TIME was car causing a danger to other road users and was not even on the bus lane part of road only one other car passed whilst stopped



    Really hope you are doing something about that terrible defence.

    Did you name or imply who was driving, did you say 'I did this/that' to suggest you were driving? Hope not because if you are only known to be the registered keeper they cannot pin this on you if you can show in your REVISED DEFENCE (among lots of other things!!) that this land is covered by a byelaw.

    http://assets.dft.gov.uk/publication...ng-charges.pdf

    ''4.1 The provisions in Schedule 4 are intended to apply only on private land in England and Wales. Public highways are excluded as well as any parking places on public land which are either provided or controlled by a local authority (or other government body). Any land which already has statutory controls in relation to the parking of vehicles (such as byelaws applying to airports, ports and some railway station car parks) is also excluded.''


    But there is sooooo much more you need in your defence to show what VCS did wrong and why their ticket is a penalty deterrent and not enforceable. Please do something about it before they laugh at you in court and you lose. Please.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • wedding1944
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    I have now received a "NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK" this is apparently because i am defending the claim regarding my breakdown on Liverpool Airport service road VCS are certainly trying hard but it will fail as either way no payment is going to be made
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
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    You still haven't posted this on pepipoo from what i can see, the proposed defence you are using will fail, in the small claims you use points of law, not mitigation, if you only rely on mitigation you will fail its that simple. You might as well just pay now and save yourself £50 odd now.

    http://forums.pepipoo.com/index.php?showforum=60
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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