Vehicle Control Services, No stopping in a queue...

ginger_bread_man

We recently received a "PCN" from vcs, relating to an airport visit.  There seemed to have been a problem with the entry barrier to the car park on the day we visited, and there was a queue to enter the carpark.  It appears an attendant took the time to photograph our car during this time, and issue a Postal PCN for stopping in a no stopping zone.  We were never blocking any roads while queueing, apparently the slip road to the car park is a "no stopping zone" too.

I have contacted the airport to get confirmation that there was an issue that day, as we went to a different car park after waiting for so long.  They were less than willing or helpful...  
We never received any communication from VCS, other than a final demand letter.  I did try to appeal/contact them direct, but they didn't want to hear as the widow for that had passed, even though I believe they never sent any NTK or other letters.  We have now received a Court Claim, and after following the advice on here, have send the AOS and am at the defence writing stage, which we have until the 16th April to complete.  This is what I have constructed so far, any pointers would be much appreciated!

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, appears from the sparse evidence supplied by this Claimant, to be queueing to enter a car park, and not causing an obstruction.

2.1. It is denied that the vehicle was stopped in a zone where stopping is prohibited on the material date given in the Particulars, as this was the slip road and queue to the short stay car park. 

2.2. Also, it is denied that any contravention or breach of clearly signed/lined terms occurred, and it is denied that the driver was properly informed about any parking charge, as all signs are small and not possible to read while driving.

 

3. No “NTK” or other communication was received before the final payment demand letter.  No opportunity to appeal was granted, despite the defendant contacting VCS on several occasions requesting this.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. The signage is small and along side of the road, and not possible to safely read while driving.  There are no signs directly at the material location where the queue to the car park was.

6. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation is given, and which appears to be an attempt at double recovery.

7. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

KeithP

What is the Issue Date on your County Court Claim Form?

On what date did you file an Acknowledgment of Service?

Your MCOL claim history will have the definitive answers.

Half_way

Why not get in touch with the airport and tell them that they must call off the action by their agents ?

Fruitcake

Which airport?
Check whether airport byelaws apply.
Do not reveal the driver's identity under any circumstances.
Have a look at other airport threads.

Complain to your MP about this unregulated scam.

twhitehousescat

most of the airports "farm out" the parking to the likes of VCS , in the past paperwork hsas been seen where VCS actually pay to operate on ther land , not the nor,al way where a customer pays them 
expect very little help from airport -if any at all 
bylaws will probably exist , and you should fight the ppc 

what you can do in the meantime is contact the dvla and ask the reason for giving your info , I guarentee they will have lied and stated that this qas car park related (it was on the road you said) no mention of stopping on a road will be mentioned to the DVLA 

Half_way

either which way the airport is complicit in this

D_P_Dance

If they do take this to court be sure you consider a counter claim for wrongfully obtaining your data from the DVLA.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

D_P_Dance

When you say "follow the advice here" Sorry I may be slow  but where do you mean? On this site or? 

Come off  it.

Umkomaas

D_P_Dance said:

When you say "follow the advice here" Sorry I may be slow  but where do you mean? On this site or? 

Come off  it.

You're on the wrong thread here DPD - that's from the following:

https://forums.moneysavingexpert.com/discussion/6121360/ukpcs-tiicket#latest

Keep up at the back! 😄

ginger_bread_man

Thanks for the replies all.  The Issue date was the 20th March, we filled the AOS a few days after that.  

We did already try to contact Bristol airport regarding this, but they were less than helpful, so I suspect it may be true that they benefit from these kind of charges too!

Interesting point regarding the reason for the information from the DVLA, I shall contact them and see if they reply.

Aside from that, is there anything I should add to the defence?

KeithP

ginger_bread_man said:

The Issue date was the 20th March, we filled the AOS a few days after that.  
Aside from that, is there anything I should add to the defence?

What does 'a few days after that' mean?
Did you file an Acknowledgment of Service before or after 25th March?
As I said earlier... Your MCOL claim history will have the definitive answer.