Claim Form received from VCS for stopping at Southend Airport

Coupon-mad

Do I need to include the relevant CPR's in my evidence bundle 
No.

50_plus

Hi All

I have received VCS's court bundle and witness statement.  The WS appears to be very generic with the occasional spurious reference/mistake.  It devotes several pages to trying to substantiate that a contract did exist between the driver and themselves.  They refer to the following cases:

Thornton vs Shoe Lane Parking 1971

Vine vs Waltham Forest LBC 2002

VCS vs Crutchley

Parking Eye vs Beavis 2015  (interestingly I have quoted this case to support my defence that no contract was formed and the PCN is a penalty)

ICS vs West Bromwich BS 1998

VCS vs HMRC 2013

Bruton vs London & Quadrant Housing 2000

They also refer to the following two cases which involved stopping for very short periods of time (4 secs)

VCS vs Nick Idle

VCS vs Damen Ward

Bearing in mind that in this case the driver stopped at a zebra crossing, they suggest that a "reasonable driver would continue driving or make a U turn without stopping" !

As the driver details were not supplied they claim that "there is a reasonable assumption that the Defendant was the Driver of his own vehicle at the time" but if the court is not satisfied with that assumption then they rely on PoFA Schedule 4

Finally they try to justify the additional £60 costs by quoting the IPC Part E Schedule 5 and Chaplair Ltd vs Kumari (2015)

I have also received a letter from them offering to accept £145 in full and final settlement within 14 days along with a threat that if it goes to court they will seek additional costs of £220 for a local solicitor to attend on their behalf.

nosferatu1001

You know how to rebut every single one of those cases. Vine actually works against them and they misquote it deliberately - they quote the argument,ent that was REJECTED! 

Castle

50_plus said:

Bearing in mind that in this case the driver stopped at a zebra crossing, they suggest that a "reasonable driver would continue driving or make a U turn without stopping" !

And thereby commit the offence of careless or even dangerous driving.

Snakes_Belly

Are they suggesting that you just mow someone down on a zebra crossing? 

Chaplair Ltd vs Kumari (2015) relates to a case where a written contract existed and money had actually changed hands. 

Did you have any debt collector's letters from DRP or Zenith? 

50_plus

Snakes_Belly said:

Are they suggesting that you just mow someone down on a zebra crossing? 
Did you have any debt collector's letters from DRP or Zenith? 

   I think their comment about not stopping shows how generic their WS is.
   I didn't have any debt collectors letters 
   Also, the Chaplair v Kumari case only relates to contractural entitlement to recover costs,     and despite them claiming that their warning signs make it clear that damages will be     sought, they don't, so there is no contractural entitlement.
    

50_plus

nosferatu1001 said:

You know how to rebut every single one of those cases. Vine actually works against them and they misquote it deliberately - they quote the argument,ent that was REJECTED! 

  I wish my case history knowledge was that good but I will check each of them out, although even if they can demonstarte a contract with the driver, its not one of my main defence arguments 

beamerguy

VCS making an offer suggests they don't want to go to court.  That's because they have added fake amounts and more and more judges see this as Abuse of process and kick them out. VCS know all about this, they have been on the wrong side of the spanking stick many times.

VCS are about to lose a lot of business. Easy-Jet has pulled out of Southend airport. The airport has said that will account for 50% of their business .... and VCS as well with less people to scam

Snakes_Belly

beamerguy said:

VCS are about to lose a lot of business. Easy-Jet has pulled out of Southend airport. The airport has said that will account for 50% of their business .... and VCS as well with less people to scam

There must be a God. I have always said that karma is a !!!!!! and what goes round comes round. 

beamerguy

Snakes_Belly said:

beamerguy said:

VCS are about to lose a lot of business. Easy-Jet has pulled out of Southend airport. The airport has said that will account for 50% of their business .... and VCS as well with less people to scam

There must be a God. I have always said that karma is a !!!!!! and what goes round comes round. 

And it is coming round ...... mega job losses, store closures, landlords on the brink, online spending etc

Parking companies must now expect a huge downturn in business and it bounces on to the dodgy legals
Maybe when things get back to near normal, the companies (if any are left), will think twice about holding their customers in contempt and kick out the scammers