EMA airport fine for stopping at the fuel station BP Fuel station.

stuopolis

I have been fighting a private parking invoice from VCS Ltd since Dec 2019 to date, and they have rejected my appeal, have made sure that my (without predj) responses have met all deadlines and it has always been a swift response. It has also been made clear that it is not an appeal, and is a totally disputed claim, and now after approximately 19 letters VCS passed my information to a company called ELMS Legal, their Solicitor in Sleaford, to issue county court proceedings (recently N434 changed to themselves). The driver has NOT been admitted, their claim is my vehicle (I am the registered keeper) stopped in a place where stopping is prohibited, the vehicle did stop on the forecourt to use the BP services, very close to the vehicle was a sign stating ‘Parking for customers Only’ ! The vehicle did NOT drop off passengers, Did NOT pick up passengers, it did make a purchase at the BP station (Costa coffee and sandwich) so the invoice issued for ‘Stopping in a place where Stopping is not allowed' is a total farce!

The vehicle did drop passengers at the correct fast drop off carpark, the HSBC Bank statement with £3 swipe payment (has also been supplied as proof).

All these facts have not stopped VCS/ELMS Legal continuing to seriously harass me and to continue to enforce this invoice, now estimated by way of another recent threat from ELMS Legal to be nearly £300 !

I have (early May) completed the small Claims Directions Questionnaire (N180 ?) and sent it to the County Court Business Centre in Northampton.

Is this just another ramping up of the systematic bullying tactics from VCS Ltd, or a scam or a legit county court ?

Does anyone feel that this Guilty until proven otherwise seems to be very unfair and very unjust?

I now understand why the average person who gets a Private Parking Invoice, simply rolls over and pays up, easily getting shafted by these very professional bullies, and every other private car park company.

VCS Ltd are the Car park company of choice by East midland’s Airport, who incidentally have been given the opportunity to assist me in fighting this incorrectly issued invoice and combat the blatant bullying behaviour I have experienced, and so far their CEO Mr y have declined to get involved !

Some points I have gathered are:

On the NTK. VCS have stated my vehicle was parked on the access roads as specified above (presume this is refering to the picture of my vehicle on the forcourt shown on the NTK, if it does, the picture clearly shows the vehicle next to the sign saying 'STRICTLY CUSTOMER PARKING'. If VCS harvested my keeper info by stating to DVLA on the V888 /3 that the vehicle was on access road and not the public forecourt next to the 'Strictly Customer parking Sign', would this be a serious GDPR issue and effect the procedure of claim?

As a newbie I don’t know what the rules are to outline my particular case, I have lots more (I think) very relevant information, if it helps any one or hopefully helps me.

I have ALL stages documented/pictures/signage/forecourt plan, and have requested all data held on me and my vehicle, still not arrived (two weeks ago).

I am baffled and dissapointed by Good old British justice that allows this blatant disregard of human rights and the manipulation of laws by tecnical loopholes and manipulation of law/Judges (Civil) or maybe not so civil by these blatant CAR PARKING BANDITS. It just aint cricket !!

ANY help suggestions by ANYONE on what’s next/pitfalls would be gratefully appreciated.

Thanks in anticipation...S Opolis

KeithP

Looks like you have a real County Court Claim and have filed a Defence and a Directions Questionnaire.

You need to send a copy of that completed DQ to the Claimant - address on your Claim Form.

Can you please show us the Defence that you have filed?

stuopolis

Hi KiethP Good to here from you buddy.....Show it on here as a picture?

KeithP

stuopolis said:

Hi KiethP Good to here from you buddy.....Show it on here as a picture?

Yes, as a picture or copy and paste, or dropbox etc, but redact all your personal info first.

stuopolis

is it the N180 ?

KeithP

No, the N180 is of no interest, but we need to see the Defence you filed with the County Court Business Centre as a result of receiving the Claim Form.

stuopolis

Got it now Keith, just obliterating the ident stuff, two shakes

stuopolis

Hi Keith, N11 (Naïvely, at that point without research)

KeithP

Thanks. I won't be commenting on your Defence - it's above my pay grade - but others will do that.

There are lots of threads on here about VCS and East Midlands Airport.

Sticking "East Midlands Airport" (including the quotes) in the forum's search facility will find many threads.

Here's just one, also at the BP filling station, that may be worth reading...
https://forums.moneysavingexpert.com/discussion/6137306/court-case-vcs-ema-east-midlands-airport-bp-gas-petrol-station-ccj-trying-adjourn-defence/p1

Coupon-mad

I like that defence - tells it like it is and you were not the driver either, so you are not liable on Airport land.  And there can't be 'no stopping' in a garage.

You will win, as long as you do everything needed.  For example:

I have (early May) completed the small Claims Directions Questionnaire (N180 ?) and sent it to the County Court Business Centre in Northampton.

And we hope you also sent a copy to VCS (or Elms Legal if they signed the claim)?  You are meant to send to them as well, from now on, and when it comes to witness statement and evidence stage before the telephone hearing, when you win.

Just read the second post of NEWBIES PLEASE READ THESE FAQS FIRST and find out what happens when and what WS & evidence looks like.

Also read other EMA cases - we have loads!

stuopolis

Thank you Keith, just a tiny comment on the defence maybe ?, to give me some feedback, maybe

H E L P!  I can feel the handcuffs on my wrists !