Claim Form received from VCS for stopping at Southend Airport

Coupon-mad

Either VCS v Crutchley or VCS v Ward includes a useful paragraph saying stopping at a crossing would be OK.  

You need to read both those transcripts and not ask us for them. They are around on the forum somewhere or on VCS' website.

Snakes_Belly

50_plus said:

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 demonstrate a contract with the driver, its not one of my main defence arguments 

I would bear in mind that some of the judges that could hear your case may not be that up to speed on parking law. They are covering all manner of civil law and may focus on the contract element of your case. 

If you have to stop at a zebra crossing in a no stopping zone then you are unable to fulfill the contract as to do so would cause danger to a person crossing at a zebra crossing. It may even be frustration of contract as you could not fulfill the contract without mowing someone down. 

50_plus

Coupon-mad said:

Either VCS v Crutchley or VCS v Ward includes a useful paragraph saying stopping at a crossing would be OK.  

You need to read both those transcripts and not ask us for them. They are around on the forum somewhere or on VCS' website.

Thanky you. I've found it in VCS vs Ward - its a footnote to para 33 on page 8

50_plus

Interestingly, I've just noticed that within VCS's bundle they have included a sign which states "No Drop Off or Pick Up"  and "£100 CHARGE IF YOU DROP OFF OR PICK UP"   I'm suspicious that they have made this up as it is not evidenced in any of their site photos of the signs and in the witness statement they only refer to their claim being for "stopping" . 

Also, this is not one of the contraventions listed in Schedule One of their service agreement with Southend Airport  

Coupon-mad

Ooh, can you post a link to the service contract contraventions?

And VCS v Ward please.  Always worth the laugh.

MothballsWallet

Snakes_Belly said:

50_plus said:

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 demonstrate a contract with the driver, its not one of my main defence arguments 

I would bear in mind that some of the judges that could hear your case may not be that up to speed on parking law. They are covering all manner of civil law and may focus on the contract element of your case. 

If you have to stop at a zebra crossing in a no stopping zone then you are unable to fulfill the contract as to do so would cause danger to a person crossing at a zebra crossing. It may even be frustration of contract as you could not fulfill the contract without mowing someone down. 

BiB - and, what the PPC/scamlicitor has forgotten that should a driver not stop at a zebra crossing and they do mow someone down, that's a criminal offence, which overrules the "no stopping zone" as now the police would get involved.

50_plus

Coupon-mad said:

Ooh, can you post a link to the service contract contraventions?
And VCS v Ward please.  Always worth the laugh.

    VCS vs Ward:   https://us-noi.v-cdn.net/6031891/uploads/editor/ms/ma4sk8p42p9f.pdf
   and extract from VCS's service agreement with Southend Airport

Fruitcake

Please show us the whole of their WS and exhibits. Only redact your personal data.
There is currently a thread about Bristol Airport where the motorists was stopped at a car park entrance that is not marked as being within the scammed area.
Have the scammers provided a map of the airport and the areas they scam, and if so, is the position of the alleged event marked on the map, and have they provided photos to prove the zebra crossing is within their scamming area?

50_plus

Fruitcake said:

Have the scammers provided a map of the airport and the areas they scam, and if so, is the position of the alleged event marked on the map, and have they provided photos to prove the zebra crossing is within their scamming area?

  Copy of controlled area from Southend Airport Service Agreement below.  They haven'y marked the location of the alleged event or demonstrated that the zebra crossing is within the controlled zone.  As I said previously their witness statement appears to be rather generic or cut & paste at best

nosferatu1001

Not to stop on an area thats covered by the Road Traffic Act (for sure - its publicly accessible highway) would be a criminal offence
They cannot offer a contract that permits you to do something that is a criminal offence.