southend airport fine/county court

Le_Kirk

Redx said:

Le Kirk

The OP has already filed it months ago so I asked them to post it so we could see what was in it

The OP is at the WS plus Exhibits plus summary costs assessment stage , and the hearing is this month

That explains why it was the older version.  I didn't read back through the thread.  OP ignore me!

mabiu

Umkomaas said:

They heavily rely on --
1.Scedule 4 of the protection of Freedom Act 2012 to hold defendant liable.

Let us see the first letter you received from VCS - the Notice to Keeper - to check whether it was PoFA-compliant, I'd be surprised if it was. Redact all personal and VRM details, but leave all dates showing please. 

Here is the NTK I received from their WS

KeithP

Truly amazing!!

So that document is headed PARKING CHARGE NOTICE yet the alleged contravention is stopping.
Stopping is not parking.
Certainly stopping at a pedestrian crossing is not parking.

Is the driver supposed to drive straight through a pedestrian crossing even if there are pedestrians crossing?

I wonder if that bus coming the other way also got a ticket?

Umkomaas

Further, amazingly, that NtK seems to have all the important stuff for PoFA compliance, to the point of it not being worth attempting to search out hairs to possibly split. 

As @KeithP says, stopping is not parking. There is therefore no contract to park. They cannot possibly provide a contract for 'not stopping', you cannot contract for something that is forbidden. The signage is not contractual, it is merely a warning, threatening consequences for not complying. It cannot therefore be anything but a penalty, a punishment, which no private company can impose on a member of the public. ParkingEye v Beavis makes this clear. 

This is the aspect on which to tackle this. 

D_P_Dance

Complain to your MP, this is ridiculous.   

Umkomaas

@mabiu - I see you're asking for help on another parking ticket. Care to update us on what happened on this VCS ticket? We don't ask anything for the advice we give, but a little bit of feedback costs you nothing, but would show some acknowledgment for the help you've been given. 

DisruptiveLad

The duration of the alleged stopping is supposed to be on an NTK. It never is on a VCS one, so it's invalid. There's no 'no stopping' signs. There's no location stamp, no airport signs, no contract signs. Tell VCS their attempt is a criminal offence under Secs 2 and 3 Chpt 35 Fraud Act 2006 - attempting a financial advantage using false represebtation. Report VCS to www.actionfraud.police under suspicious company. Give them no respect. I've even reported them to Dept of Justice.

mabiu

@Umkomaas i lost on the claim and i paid it to VCS

DisruptiveLad

How did you possibly lose?

Fruitcake

Possibly by not following the advice on this forum?

The OP didn't post anything for a year, by which time I suspect it was too late for us to help.