VCS- IPC rules and subsequent CCJ

sarahmm85

To cut a long story short....

5 letters sent from VCS about Charge Notice for breaching No Stopping at Bristol Airport. CCJ issued after (x) letters. I didnt receive a single letter as I had moved, changing my address 7 days after the alleged parking incident occurred (having sold the house a month prior). Only discovered the CCJ, issued in May 2021 in October 2021 after being refused credit.

I'm applying to set aside CCJ on the basis that I didn't receive it as the Legal firm (Elms) that have taken this forward for VCS did not ensure that the correct address was being used before initiating legal proceedings.

IPC Code of Practice states that 'Operators must take reasonable steps to ensure that Motorist's details are still correct if 12 months have passed from the parking event before issuing court proceedings.' Alleged incident occurred on 1st August 2020, CCJ issued 27th May 2021.

Could this Code of Practice jeopardise my case?

Fruitcake

As long as the clause about checking a keeper's address was in the CoP version relevant at the time of the alleged event, then it helps you with the set aside. 

I'll post some links to other Bristol airport threads in a min, including one with maps showing where VCS are and aren't contracted to operate. They lost two court cases for issuing charges to people who were outside the no-stopping zone, and outside the area they are contracted to operate.
I also have dashcam footage showing how dreadful the signs are.

Have you complained to the landowner yet? They never even replied when I complained.
Have you complained to the company that manages the airport on behalf of the foreign landowner? They sided with VCS in my son's case, even though his car was outside the no stopping zone and outside the area VCS are contracted to operated.

The DVLA whitewashed my son's complaint, as did the IPC. The ICO are still looking into it.

Have you complained to your MP yet?

Fruitcake

VCS contract with the management company, showing where they are and aren't contracted to operate. Can you determine where the keeper's car was in your case?

This post by ginger_bread_man shows the contract between VCS and the management company, including maps showing where they are and aren't contracted to operate.

https://forums.moneysavingexpert.com/discussion/comment/77480659/#Comment_77480659

This is his thread where you may find other useful stuff. 

Vehicle Control Services, No stopping in a queue... — MoneySavingExpert Forum

This is another thread for the same thing.

VCS No Stopping at Bristol Airport - Witness Statement — MoneySavingExpert Forum

Both posters won in court.

Dashcam video from A38 entrance to the drop off/pick up car park. Let's play Spot the signs, then let's play Read the signs (at 20mph without stopping).

Bristol Airport No Stopping Zone - YouTube

sarahmm85

My set aside hearing was this afternoon and thankfully it was granted. Judge decided that its now down to me and VCS to sort it out so I will take a look at these links and decide how best to proceed. I know that I was definitely on a route they patrol and the photographic evidence is quite damning but I'll see if there's another way for me to proceed with challenging it.
Thanks for your help

Umkomaas

Judge decided that its now down to me and VCS to sort it out

Was that exactly what the Judge said?  No directions as to how each party should now act?  If it was that vague a throwaway line, then you must read very carefully the paperwork that you should receive from the court shortly, as that should be much more precise, and which you will need to follow. 

sarahmm85

No, the judge stated that VCS now need to send me the claim form with clear instructions as to what I need to do whether that's contest it or pay it. I had to really drill down on that point to get the specifics though as I asked several times as to what my responsibility was moving forward and eventually she said VCS need to contact me within 14 days

Fruitcake

Right, so you are back to square 2. The CCJ has been lifted, your ability to obtain credit restored, but you still have the original PCN hanging over you.
You can expect a fresh court claim in the near future. You can also expect them to add on fake amounts above that of the original PCN, possible for alleged debt collection costs, even though they will not have incurred them because debt collectors they use offer a no win-no fee service.
They could have used a free tracing service or looked at the electoral roll to find you for free. You were there to be found. The fact they didn't bother, and breached their own ATA's CoP helps you.
Any alleged debt recovery costs were of their own making.

What they are allowed to claim is the original PCN, (£100) plus court filing fee (£25), solicitor's fee (£50), and possibly a hearing fee (£25) but this is not normally allowed for a video/'phone hearing.

The will probably add on another fake £70, that most judges don't allow. Consequently a properly defended claim will cost you about the same, even if you lose, than the full amount they will be claiming.
You might even win.

Defence points should include, stopping is not parking (the persuasive Jopson vs Homeguard  appeal court case refers) and no keeper liability (if they don't know the driver's identity) since airport byelaws apply, as well as inadequate signage, no landowner authority (no contract with or flowing from the foreign owners).

sarahmm85

Yes, I'm very intrigued to see what they send through to me. At this point I'm so relieved to have the CCJ set aside, I haven't had much time to think about the parking charge itself. But I will start to give this some serious consideration now. Thank you all for your help

sarahmm85

I have been reading this post from Rapidon and note that towards the very beginning there were time limitations mentioned for contesting this. 

My alleged offence occured on August 1st 2020- am I still able to contest mine? I am yet to receive further paperwork from VCS as my set aside only took place yesterday

DisruptiveLad

VCS have tonight been referred to actionfraud.police.uk for investigation into attempted deception under the 2006 Fraud Act.

Coupon-mad

sarahmm85 said:

I have been reading this post from Rapidon and note that towards the very beginning there were time limitations mentioned for contesting this. 

My alleged offence occured on August 1st 2020- am I still able to contest mine? I am yet to receive further paperwork from VCS as my set aside only took place yesterday

You will get a copy of the claim form and will be able to submit a defence. 

See the Template Defence thread.  You are back to that stage.  

Send a SAR to VCS for all photos and letters unless you already have them all.

Well done on getting the CCJ set aside by the way, I know VCS usually contest it and sometimes even send a rep to the phone hearing, so nicely done.  NOW DEFEND.