southend airport fine/county court

mabiu

hi,
I received this letter from county court for dropped off someone on the road,may be 4/5 second maximum.I ignored all the parking fine before after going through threads even i have not got any copy of it.But did not expect could go to court.Any good ground i can appeal or anyone got positive result from court?Already have enough stressed in the lockdown time

Coupon-mad

Welcome!

You need to read the NEWBIES sticky thread pinned at the top of the forum, 2nd post of it is all about how to win in court.  VCS can't pretend £100 PCN is £160.  You need to acknowledge the claim as shown in the sticky thread, then work on a defence that must then follow.

Also read other VCS Airport claim threads because there are specific things about byelaws you need to address.   Copy what others have done with Airport VCS claims, we've had lots.  Yes, people can win but you need to know how to argue that your case is different than VCS v Ward. 

You need to read VCS Airport threads to understand that, so please do that before you ask anything else, to save us repeating ourselves!  Spend the weekend reading lots of them first.  

KeithP

With a Claim Issue Date of 29th May, you have until Wednesday 17th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Wednesday 1st July 2020 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create and file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

D_P_Dance

This land may be covered by airport bye-laws where different laws may apply, all explained in the newbies thread at the top of the index page.  Also, they appear to be claiming for an unlawful extra £60, read the Abuse of Process thread.

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.

mabiu

Coupon-mad said:

Welcome!

You need to read the NEWBIES sticky thread pinned at the top of the forum, 2nd post of it is all about how to win in court.  VCS can't pretend £100 PCN is £160.  You need to acknowledge the claim as shown in the sticky thread, then work on a defence that must then follow.

Also read other VCS Airport claim threads because there are specific things about byelaws you need to address.   Copy what others have done with Airport VCS claims, we've had lots.  Yes, people can win but you need to know how to argue that your case is different than VCS v Ward. 

You need to read VCS Airport threads to understand that, so please do that before you ask anything else, to save us repeating ourselves!  Spend the weekend reading lots of them first.  

Many thanks.Definitely will do so.

beamerguy

Apart from reading everything that has been advised above  ........ VCS ARE SCAMMING YOU

VCS has added a fake unlawful £60 which the courts say is Abuse of Process

Also read this thread and scroll down to see what happens to VCS in court
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

VCS are hoping that you are a mug and don't know about abuse of process. They are also hoping that the judge is a mug.

Signed by the infamous Jake Burgess stating that the £!60 includes contractual charges is a true fact.  On their witness statement, Cool Hand Jake must state and sign this ...

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

This is part of the new Civil Procedure Rules which came in to force on 6th April 2020

Note, their claim is dated 29th May 2020. Burgess has lied in the claim and will no doubt lie in his Witness statement.   A SERIOUS PROBLEM FOR COOL HAND JAKE & VCS

Now is the time to write to VCS requesting their LEGAL AUTHORITY to add £60 ?. By adding £60 they have already tainted their claim which makes it unreliable

mabiu

Coupon-mad said:

Welcome!

You need to read the NEWBIES sticky thread pinned at the top of the forum, 2nd post of it is all about how to win in court.  VCS can't pretend £100 PCN is £160.  You need to acknowledge the claim as shown in the sticky thread, then work on a defence that must then follow.

Also read other VCS Airport claim threads because there are specific things about byelaws you need to address.   Copy what others have done with Airport VCS claims, we've had lots.  Yes, people can win but you need to know how to argue that your case is different than VCS v Ward. 

You need to read VCS Airport threads to understand that, so please do that before you ask anything else, to save us repeating ourselves!  Spend the weekend reading lots of them first.  

i intend to mail this letter to VCS for details info.Does it look ok?

Dear Vehicle Control Services

This email is in response to the Claim Form I have received dated 14th May 2019 with regard to a "monies due" for a Parking Charge Notice on 29 May 2020 of £185.00 made up on £160 claim and £25.00 legal representative costs.

In the claim letter, there is no explanation of the contravention and having had no previous contact from VCS before in regards to the PCN this is something I am totally unaware of.

There will be no admissions as to who was driving and no assumptions can be drawn. I require an explanation of the allegation and your evidence, i.e.:

1. An explanation of the cause of action.
2. Whether you are pursuing me as driver or keeper.
3. Whether you are relying on the provisions of Schedule 4 of POFA 2012.
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the money being claimed arose and has been calculated, what the contravention was.
5. If the claim is for a contractual breach, what is the date of the agreement? The names of the parties to it and please therefore provide me a copy of that contract.
6. A picture and a map showing where any signs were displayed on that date.
7. Details of the signs displayed (size of sign, size of font, height at which displayed)
8. Provide details of the original charge, a copy of the supposed previous letters sent and dated, and detail any interest and administrative or other charges added
9. A copy of the agreement between the landowner/authorised agent & yourselves
10. Any pictures of the parked vehicle in the location described

11. A copy of the on screen PCN or a copy of the postal PCN

12. Any other documentation which you will rely on in court in order to prove your assertion

I also request you Subject Access Request for any other data you hold about me.

Until you have complied with your obligation and provided this information, I am unable to respond properly, but have acknowledge the service for the alleged claim and am considering my position in relation to it.

Umkomaas

I also request you Subject Access Request for any other data you hold about me.

That doesn't read well, and won't get you what you are seeking. If you look in the NEWBIES FAQ sticky, second post, you will find a link to a LegalBeagles SAR template. Use that, but send it separately to the PPC's DPO via their website's Privacy page. 

Le_Kirk

Umkomaas said:

I also request you Subject Access Request for any other data you hold about me.

That doesn't read well, and won't get you what you are seeking. If you look in the NEWBIES FAQ sticky, second post, you will find a link to a LegalBeagles SAR template. Use that, but send it separately to the PPC's DPO via their website's Privacy page. 

Use this e-mail dataprotection@vehiclecontrol.co.uk

Coupon-mad

I really wouldn't write to VCS at claim stage.  You can't faff around, you must defend.

This is NOTHING like the NEWBIES thread advice about claim stage.  Also, by doing that, you'd be enabling them to put their ducks in a row to show the Judge that they set out their position at this stage for you.

mabiu

i received the witness statement of VCS for upcoming hearing.They heavily rely on --
1.Scedule 4 of the protection of Freedom Act 2012 to hold defendant liable.
2.The case of VCS vs Nick Idle and VCS vs Damen Ward was liable to stop for 4 seconds.
3.The decision of supreme court,Parking Eye ltd vsBeavis (2016) and paragraph 94 of the judgement of Lord Neuberger.
I am preparing my witness statement.The car was stopped before pedestrian crossing and colleague quickly got out,altogether 4 seconds.Can i defend it any legal terms? Picture attached