VCS Liverpool John Lennon Airport (LJLA) No Stopping Court Date

Fruitcake

I spotted that contravention 46 about Parking/waiting in the contract and commented on it yesterday in my post above, but didn't know it was a different contravention on the NTK.

I don't know if it is a major defence point, but is is definitely a point that should be highlighted along with any and all contract deficiencies.
Do you have a copy of the JLLA's own parking principles? DisruptiveLad has mentioned that VCS have no right to issue charges outside car parks, but I haven't seen a copy of it so. If you do have a copy then of course you should include it as a major point.

Fruitcake

DisruptiveLad said:

She doesn't need to be 'listed' to sign a document. See Sec 43 Companies Act 2006.

I would still include it and let the judge decide. 

JustLooking90

Fruitcake said:

I spotted that contravention 46 about Parking/waiting in the contract and commented on it yesterday in my post above, but didn't know it was a different contravention on the NTK.

I don't know if it is a major defence point, but is is definitely a point that should be highlighted along with any and all contract deficiencies.
Do you have a copy of the JLLA's own parking principles? DisruptiveLad has mentioned that VCS have no right to issue charges outside car parks, but I haven't seen a copy of it so. If you do have a copy then of course you should include it as a major point.

Thanks for your reply. So much information to take in the last few days I now understand things a lot better so thanks for your comments. The language used has always been “stopping” and not parking/waiting. As you say, even if the contract has been renewed and they are in possession of a copy, the fact they have not included it in the bundle for court means I can’t possibly defend against it. I will get my hands on the Ljla parking principles asap. 

Thanks

DisruptiveLad

If you Google Liverpool Airport parking terms and conditions it is quite high up on that document. VCS' authority begins ONCE a vehicle enters a car park. My stepdaughter's Notice was quashed at the speed of light once I drew LJLA's attention to that. There were no ifs, buts or ands.

uptonbubbles

JustLooking90 said:

-Claim form was received on 29th December 2021 signed off by Edmund Shoreman-Lawson for a total of £245. 

- I submitted my defence on Money Claim Online in time, and rejected any offer of mediation. 

- Early this year, Jake Burgess sent a letter saying ELMS would no longer be acting on their behalf. 

- 6th March I received the letter informing me of court date in St Helens County Court, informing both parties to submit written evidence they wish to rely on by 23rd March at 4pm,

-

Thanks

Hi, I'm just going through the same at the moment and have 2 PCNs that VCS are pursuing (noted that they have submitted  2 seperate claims which I understand is a 'no no')

My timeline is roughly 3 weeks after yours (I received the claim form 21 Jan), submitted a defence on time and then returned the DQ, etc etc

I'm curious to know if you received a DQ from VCS or any communication from MCOL between submitting your DQ and receiving a court date

I'm asking as I've heard nothing since the deadline for DQ submisison on 14th March (I'm hoping that VCS will drop action after they lost the case referred to in https://forums.moneysavingexpert.com/discussion/6333503/vcs-liverpool-airport-no-stopping/p2)

Cheers

Fruitcake

The CCBC should send you a N180. If not then you should download one and send it yourself.
Some PPCs send one that is part filled in, in their favour, and should not be touched with an eleven foot bargepole. (Well you wouldn't want to touch with a ten foot version).

Read and re-read the forum guide to court in the NEWBIES, the twelve steps programme, and make sure you are following it to the letter.

Jenni_D

And further to the above good advice ... if you need further advice, please start your own thread. (Things get confusing if trying to help multiple people in one thread).

Regarding the Code 46 wording ... a judge may consider that Parking/Waiting is Stopping, so I don't see it being a silver bullet. The angle @DisruptiveLad offers seems a more viable avenue to pursue. 🤷‍♀️

Umkomaas

DisruptiveLad said:

If you Google Liverpool Airport parking terms and conditions it is quite high up on that document. VCS' authority begins ONCE a vehicle enters a car park. My stepdaughter's Notice was quashed at the speed of light once I drew LJLA's attention to that. There were no ifs, buts or ands.

Here's the relevant paragraph. What it doesn't say is that VCS are only authorised to enforce within the LJLA car parks. Silence about roadways here surely cannot be interpreted as VCS having no authority to enforce on them. In fact it wouldn't seem to make much sense to include roadways in parking Ts & Cs. 

1.5       In addition to these Terms, our parking enforcement operator, VCS Control Services Limited, also have terms and conditions, which apply once you have entered a car park at the Airport.  They relate to our requirements for the parking of vehicles in our car parks, and how such requirements are enforced if not met.  Their terms and conditions are located at the entrance of our car parks, and within each car park itself.  If you are not prepared to comply with their terms and conditions then please do not enter the car park.

The big question is, is there any similar LJLA documentation confirming enforcement of road 'contraventions' and VCS's role in the process?  I've tried a superficial Google search, but drew a blank.

DisruptiveLad

Explain why my stepdaughter's Notice was quashed without seeing the light of a courtroom. Explain the court judgement of March 10. How would a PPC have authority on a public road? VCS have NO authority outside of a car park, and in the absence of a contract, they would appear to have none inside a car park either.

Jenni_D

What's your definition of "public road"? (Roads with right of access to the public can still be private land, and subject to T&Cs. However, if the road is subject to Bylaws or the Road Traffic Act then any private T&Cs are irrelevant).