VCS Court Claim - Southend Airport No Stopping Zone 4 February 2021 at 8:30PM in Parking tickets, fines & parking 19 replies 700 views

Le_Kirk

 The Defendant puts it to strict proof that VCS show as to who the driver was at the time. It is worth noting that multiple cases involving Southend Airport have reportedly been struck out in the past year, when a parking firm attempted to twist the facts to suggest that a contract had somehow been 'agreed' by a driver who did not actually park, but was just involved in the minor vicissitudes that can interrupt the action of driving around a sparsely-signed airport site.

The normal phrase is: -

The claimant is put to strict proof of who the driver was at the time.

Not sure that the rest of that sentence in that form can be used.  This is your defence and I would just use the fact that the driver did not park but was involved etc. etc.

The Defendant is unable to say for sure who was driving.

The normal form of words is: -

On an unremarkable day XX years ago, the defendant is unable to recall who was driving.

If there is still time, wait for other regulars to comment.

prime20201010

Thank you, I will make these changes and the simple numbering mentioned above, while waiting for more feedback.

Coupon-mad

(b) In either case, this is not 'private land' under the definition intended by Parliament in the Protection of Freedoms Act 2012

There is no 'private land' definition in the POFA.  You mean it is not 'relevant land'.

prime20201010

I won against VCS but it was only in 2023 that I had my day in court due to covid19.
In terms of evidence, I have only supplied the definition of POFA 2012 relevant land and the Southend Airport bylaws.
Although I was trying to point the judge to the piece of specialist legislation (POFA 2012 relevant land etc), the judge ruled against VCS based on more general contract law (offer, acceptance, consideration, promise), specifically on consideration.
I didn't get any costs awarded, although I asked.
What are the next steps now?
Thank you all for advice, I love this forum!

Coupon-mad

Nicely done!

It is a good point that VCS are not offering 'consideration' (nothing that has any value is on offer) in no stopping cases.  Therefore this is a prohibition and the elements of a contract do not exist.

A decent Judge for spotting that - - and a point that @SoJacob might want to add to her upcoming VCS hearing crib sheet.

Anyway, good work.  Brilliant! 

ANOTHER VCS ONE BITES THE DUST!

And...please don't miss the upcoming Public Consultation to change the private parking law and cap the 'greedy money' down at a lower level.

You must take part, you know how horrific this is and have won your case, but how draining and stressful this crap is - and why should consumers have to suffer this relentless bullying claptrap?

Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear!  Bookmark the relevant thread linked in that reply...

SoJacob

@Coupon-mad, so you agree me submitting it. Just to confirm the same email goes to dcbl and Southend court? 

Offcourse not.. I won’t be disappearing 😀 

Coupon-mad

If you mean your own WS, yes it does have to go to both DCBL & your court, but is it due yet?

This isn't your thread but you'd benefit from reading this whole thread and maybe chatting with @prime20201010 by pm to see how the hearing went and what points were raised.

This isn't the right place to discuss your case as such.

SoJacob

Coupon-mad said:

If you mean your own WS, yes it does have to go to both DCBL & your court, but is it due yet?

This isn't your thread but you'd benefit from reading this whole thread and maybe chatting with @prime20201010 by pm to see how the hearing went and what points were raised.

This isn't the right place to discuss your case as such.

woops sorry, I didn't realise this wasnt my thread . 

Snakes_Belly

Well done on your win. 

One of my relatives is taking some family members to EMA at the weekend. I have warned him. Don't stop, don't use the BP Station and keep your dash cam on in case they try to film you waiting in a traffic queue or stopping at a zebra crossing.