East Midlands Airport // VCS // No Stopping PCN // County Court Claim stage

Coupon-mad

So, none of them can be used at the hearing because the Judge won't have those cases (they'll be unreported appeals where VCS got some hired legal to persuade a typical 'parking case clueless' Circuit Judge to side with them, probably with the Defendant not even there).

tennisfingers

Great advice from you all, thank you. @Fruitcake I will upload the contract they sent me when I’m next at home and have some time. I’m also going to prepare a few bullet points to address their WS and the points mentioned by @Coupon-mad to take into the hearing. Will upload it soon. 

The Claimant has to pay the court fee by 28/02 if they wish to continue. Will I be notified when or if they do this?

Fruitcake

tennisfingers said:

Great advice from you all, thank you. @Fruitcake I will upload the contract they sent me when I’m next at home and have some time. I’m also going to prepare a few bullet points to address their WS and the points mentioned by @Coupon-mad to take into the hearing. Will upload it soon. 

The Claimant has to pay the court fee by 28/02 if they wish to continue. Will I be notified when or if they do this?

No, I don't think so. I believe you will have to check yourself with the court you have chosen. 

tennisfingers

Key Defence Points:

1.      No contract made – prohibitory signs cannot form a contract.

2.      Byelaws ignored by Claimant.

3.      Claimant failed to follow Practice Direction multiple times:

      a.      Defective LBC letter

      b.      Lack of ADR

4.      Claimant failed to provide both myself and the court with “a breakdown of how the amount of the alleged debt is calculated under the terms of the agreement”, as instructed by the court.

5.      Defendant is exempt according to Guidelines published by DVLA, which members (including Claimant) of IPC should follow.

6.      Cases in Claimant’s WS cannot be found and have not been provided in their WS, so cannot be used in hearing.

7.      No photographic proof the Bus Stop sign mentioned in Claimants WS was displayed on the date in question, only stock images and old photos from over 4 years ago.

8.      Claimant’s WS (paragraph 7) uses a template response once again, referring to “any motorist wishing to use the car park” in a claim unrelated to any car park.

Fruitcake said:

If their WS contains a copy of the alleged contract between VCS and the airport owners, please show it here, suitably redacted of personal data.

Please find alleged contract below. @Bazarius @Fruitcake

Castle

I see that the "Variation" letter is signed by somebody "On behalf of East Midlands Airport Limited" a company that doesn't exist!

Fruitcake

Nor has the original contract been provided, so there is no proof that VCS were ever authorised to issue parking charges or pursue them to court.

tennisfingers

Thank you both. Will add that to the list!

tennisfingers

Hello again everyone. The case was heard today and the case was dismissed solely based on the fact the double red lines did not follow the curb, and instead continues straight on along the road. He agreed that a motorist would be confused as some laybys have the double red lines follow the curb, so he determined that 1. a contract DID exist, (as the offer of the contract is to use the private land, and to agree and accept the contract was to enter onto the land) but 2. No terms of said contract were breached, as I was not parked in an area where the no stopping condition was present. (IE, to the LEFT hand side of the double red lines.)

He also stated that there were no visible Bus Stop signs, which was true.

I was also awarded £50 costs.

Thank you to everyone who helped me.

 

ChirpyChicken

well done on your win 

Coupon-mad

Yay! Congrats!

ANOTHER ONE BITES THE DUST!