vcs pcn claimform - JLA Liverpool Airport-no stopping ***Claim Dismissed with Costs*** judge said VCS can't enforce no stopping

[Didusha]

Hello,

I have been following the most recent threads about no stopping parking charges at various airports,  as I have received a PCN for Liverpool Airport. 

 

Unfortunately, I have appealed to VCS, telling them that I was the driver and keeper of the vehicle and in as many words admitting to stopping. 

 

I have started making notes of the various stages and preparing for what is to come,

but before I embark on this path,

I wanted to ask whether, my admission of stopping could be used against me. 

 

I have attached the original PCN. And I will follow with the sticky note details in a separate post. 

 

Unfortunately, I cannot redact the appeal letter in order to post. The appeal was done online, so all in electronic format.

 

Date of the infringement 18.01.2020

 

2 Date on the NTK 23.01.2020]

 

3 Date received - unknown, I was flying out on the date of 'contravention', found the letter on 1st Feb 2020 upon my return. 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Not sure

 

5 Is there any photographic evidence of the event? YES

 

6 Have you appealed? [YES] - unable to retrieve the appeal

Have you had a response? [Yes-charge stands] - cannot redact the reply atm, as no editing tools. 

 

7 Who is the parking COMPANY? VCS

 

8. Where exactly [Liverpool Airport 

 

For either option, does it say which appeals body they operate under. IAS

 

pcn.pdf

[Didusha]

I have been following the most recent posts and it seems, there has been a lot of claims judging by the posts and updates.

 

I haven't however, seen updates on any,

on how the claim has unfolded past the submission of defence.

 

Either people are so happy they won and forget to post, or the opposite...

 

[Didusha]

@dX100uk

I submitted my appeal online, and VCS did not send me a copy of my appeal, just an acknowledgment email, which contains no detail. 

 

My appeal was on the grounds that I had taken the wrong exit, which in turn took me to a car park barrier, I had to safely pull over to one side and try and turn around, instead of reversing onto the roundabout.

 

I did tell them that I took a few sec to finish a call to the parking company I was meant to be at. 

 

This probably is irrelevant, but I have just looked at Google maps and it appears my car was not stopped over their bogus red lines(purple dot-me, orange dot-spy car) , so according to their rules, I was not in breach. 

gallery_pages.pdf

[Didusha]

Hello, 

 

After a year and a half I have had my LBC and I am preparing the letter the forum has  advised people to send.

I will post it here later today.

vcs lbc.pdf

[Didusha]

 

Hello again.

I got my new Year's greetings from VCS in the shape of a claim form - the real thing.

Reading the instructions on the form the issue date is 5 days after the date in the form ( in this case 5th January), so it's either 9th or 10th(not sure whether the date on the form is counted as day one). I will read up the information available first on  how to work out the dates.

A couple of questions:

1. when it goes to court, do I get a say where the hearing is? Or, are  hearings now online?

2. In my defence do I need to submit any  evidence, such a copies of the bylaws etc.

 

Thank you

claim form vcs.pdf

 

 

[Didusha]

 

 

 Which court you received the claim from ? Money Claims Online, County Court Business Centre, NN1 2LH

 

Name of the Claimant : Vehicle Control Services Limited

 

Claimants Solicitors: Elms Legal Limited

 

Date of issue – 05 January 2022

 

Date for AOS - 23 January 2022

 

Date to submit Defence - 04 February 2022

 

What is the claim for – 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The Defendant's vehicle, XXXX XXX, was identified in the Liverpool John Lennon Airport on the 18/01/2020 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited. At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.

 

4.The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

 

The Claimant seeks the recovery of the parking charge notice,

contractual costs and interest.

 

What is the value of the claim? £245

 

Amount Claimed £160

court fees £35

legal rep fees £50 

Total Amount £245

Edited January 8, 2022 by dx100uk
formatting and correction of defence filing date

[Didusha]

Hello,

 

I have completed the acknowledgement of service as per above advice and have prepared the CPR 31.14 request using the template provided making adjustments only where necessary.

Could you please share your opinion before I send it off to ELMS?

I will copy the text in a separate post.

[Didusha]

Ok, thank you

Edited January 14, 2022 by Didusha
Unnecessary information

[Didusha]

Thanks .

I am following a few recent posts whit a similar timeline to my claim and reading the answers there and  reading on preparing my defence.aw

 

When preparing the evidence at the witness statement stage, do I need a copy of the bylaws which I have personally requested with the date it was provided to me?

Just so I can start requesting information I will be needing soon.

 

I have found several FOI requests to Liverpool council re the airport bylaws available online. The copy of the bylaws is available as part of the reply to the above. Can this be used instead?

[Didusha]

Hello, just a quick update.

I have received my reply to CPR 31.14 request. 

Included are the contract between the landowner and  VCS and all communication between myself and VCS including my appeal.

 

Working on preparing my defence atm.

Can I share with you for opinion, once it is ready?

 

[Didusha]

Just to clarify, just my details are to be redacted, nothing from the contract between VCS and the airport, not sure how sensitive this information is, or if it matters?

Also the pack includes loads of signage examples( A4 size), do I include these as well? 

 

Thank you.

[Didusha]

I have scanned and uploaded the letter and contract only. The rest of the pack includes the initial PCN, various demand for payment letters, the letter before claim, which I have uploaded previously. In a separate pdf, I have included my appeal, for which I had no record up until now, because it was done via their site.

CPR reply 1.pdfapp.pdf

Edited January 28, 2022 by Didusha
Incorrect wording

[Didusha]

No, I haven't written to JLA, but I did notice it when reading through the contract.

I suppose it wouldn't affect the court claim negatively.

Not sure whether they will be any more reasonable than VCS, however it may be worth a try.

 

Normally, at those type of  barriers you can speak to someone to let you go through and come out on the other side, I know they have them at other airports. But in this case I don't remember seeing one, hence my panic.

What tweaks would you advise to use?

 

 

On 28/01/2022 at 11:53, FTMDave said:

I've just had the most superficial of looks at the contract, and see it started 8 July 2013 ... "for a fixed period of 24 months".  Ho! Ho! Ho!

 

Would the Contract witness statement at the end signed on 19.10.2015,  with no mention of contract end date, mean that the contract is in place indefinitely?

[Didusha]

After reading through several posts, the below defence is what people have used.

I will be submitting it today.

 

Do I need to admit to being the driver as well as the keeper(1). I have appealed, so they know I was the driver.

 

1. It is admitted that Defendant is the recorded keeper of xxxxxxx

 

2. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.

 

The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper claimant is the landowner

 

3. It is denied that the Defendant breached any terms and conditions set on private land.

 

4. It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

I will be submitting my defence today.

 

Do I need to admit to being the driver as well as the keeper. I have appealed, so they know I was the driver.

[Didusha]

Hello,

 

I have had a recent development regarding the court claim.

I received a letter from the court ordering VCS to resubmit their particulars of claim 

 

In response to the letter, recently I received the below from VCS.

 

 

I have until 15 of June to respond. I have a few of questions:

1. Do I resubmit my defense, and change its content to reflect the new particulars of claim? It claim hasn't changed significantly, but there are now paragraphs.

2. If so, do I do it online or directly to the court, as it has already been allocated.

3. Also, the last communication with VCS prior to this, has been from Elms and their instructions were to send everything to Elms. I now see that they are sending everything themselves. In the letter from the court, it says send copies to the claimant's solicitor. If I need to resubmit my defence, who do I send copies to? 

 

Thank you in advance.

 

I am trying to find another thread where this has happened, so far I haven't been successful, so if you know of any, please could you share.

 

2022-05-09 VCS Detailed POC.pdf 2022-04-20 N24 Court Directions.pdf

[Didusha]

Hello, 

 

My deadline for resubmitting my defence, if I wish, is slowly approaching - 15th June.

I will be doing so by email( VCS did so with their particulars of claim) and sending a separate copy to VCS via post.

 

I added the suggested amendment the best I could. 

 

Even if I choose not to change it, am I required to send the original defence to the court? Or, do I just leave it and wait.

 

1. It is admitted that Defendant is the recorded keeper of xxxxxxx

 

 2.As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper claimant is the landowner

 

 3. It is denied that the Defendant breached any terms and conditions set on private land.

 

4. It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

 5. The initial cause of action used Protection of Freedom's Act Sch 4 s9 [2][f] allowing the transfer of liability from driver to keeper due to the vehicle being stopped by a barrier.

Any driver would be forced to stop at a barrier, therefore the '46) Stopping in a zone where stopping is prohibited ' as part of the alleged terms and conditions provided by the Claimant, could not apply on that section of the road.

It follows, that the road therefore is not relevant land and the Protection of Freedoms Act should not have been introduced on this case.

 

6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Thank you for all your input.

[Didusha]

Hello,

 

I have just called the court to find out what is happening with the claim as I have not heard back since the last communication from the court asking VCS to resubmit particulars of claim in May of this year.

I decided not to submit a new defence, so I left it thinking this is it.

Today, I called and the clerk told me I should have notified the court that I wish to use my original defence.

They said I can still do that by emailing the court and they will notify the judge to speed things up. 

I explained that I prefer all communication to be by post, to which the clerk replied that they will still send any further communication by post irrespective of this.

My questions

- Do I notify the court by email or post?

- Do I simply resubmit the same defence(PDF, Word file) or just write to the court saying I am using the original defence?

- Do I need to include VCS on the email/post and provide them with a copy of the defence again?

 

Thank you

 

[Didusha]

Hello,

 

1. I Emailed the court and posted a letter to VCS with the same content.

 

2. Appeal to JLA- No, I never bothered, but as it is coming to three years since this saga began, I am going to do it this week in the hope it may get resolved sooner.

3.Do I send my appeal to the customer services email FAO the commercial director who signed the contract? I cannot identify any other contact details.

4. I will change my original appeal slightly and post it here before sending it.

Thanks for all the input.

 

[Didusha]

Hello, 

 

I have today received a court order to submit my witness statement and any documents I will rely upon during the hearing.

The order is dated 5th December, but RM strikes mean I have received with quite the delay.

The hearing date is set for 30th and my deadline for submission is 4th January.

 

I have a few witness statement examples which I am going over and adjusting to my case and will share for your review.

 

I am considering emailing the court on 4th before the deadline and VCS as I am not sure I can rely on postal services to deliver without delay. 

Please see the attached order.court order hearing.pdf

[Didusha]

Hello dear forum members,

 

Happy Christmas!

I am currently working on my witness statement. The point on which I am constructing my argument has mainly been byelaws trumping any regulations on private  land. I have just found the newly signed JLA byelaws from 11th December 2022 available on 

Liverpool John Lennon Airport Byelaws

WWW.LIVERPOOLAIRPORT.COM

---

Welcome to the official Liverpool John Lennon Airport website connecting Liverpool with the world. Click for flight information & get your parking booked today.

 

 which revokes any previous byelaws from the date it was signed.

 

the only thing I can identify in the new byelaws with regards to penalties is paragraph 3(27) which has been left deliberately vague as "failure to comply to a notice".

 

How would this change any defence argument?

I am hoping to submit a upload my first draft tonight or tomorrow at some point.

i have not received VCS WS, and I doubt I will( before 4th January) due to the timing of submission holidays and RM strikes.

 

Thank you

[Didusha]

Thank you for the input.

 

I am using Alaska's WS and a couple of others which have been based on Alaska's original. 

 

With regards to the byelaws, in the old version there was a specific section which detailed who can issue a penalty and for what violations-the  new version does not.

 

Now I am writing this, I am thinking, the byelaws make a reference to penalties, and not, of course, parking charges, so I think I understand what you mean.

 

The new and revised Byelaws also conveniently have a map of the area they cover, so it is easier for me to prove that I was in fact, in an area covered by statutory regulation.

 

In majority of the WS's the byelaws are used to argue the issue of relevant land and the transfer of liability to the Keeper, which in my case is irrelevant, as I have outed myself as the driver, so I am struggling to word this. 

 

Thanks again .

 

 

[Didusha]

Hello again. 

 

I am attaching the first draft of my WS. It needs formatting and adding of exhibits which I will work on tomorrow.

Paragraph 10 probably is ridiculous, but I thought if all fails, I can claim that even by their own rules, they can't do anything.

With regards to 11.2 - I wanted to include the new code of practice, but upon visiting gov.uk it says it has been temporarily withdrawn on 7 June 2022, so unsure whether to include or not.

I haven't added the paragraph about planning permission, because on Liverpool councils site, I have found that on 3 may 2017 a planning permission was granted for 8 red route signs and two totems to continue to be displayed, but there was no end date of the pp.

Even though VCS did not supply the pp, I am  Not sure I should include this.

 

Thank you in Advance and apologies for the layman terminology and wording.

witness statement.pdf

[Didusha]

22 minutes ago, FTMDave said:

It's not being challenged on any other points and I reckon you can include the part about stopping for a few seconds in an emergency.  If you can find the section yourself, fine.  I'm travelling at the moment but will be home late on the 30th so could do it then.

 

Great work by LFI re the airport owners.  Make sure you include these points too in challenging the rubbish contract they produced.

 

I know exactly which part that is (7.2), and will include it.

I have also included the part about the landowner.

I am just going over all imagery I will be using as evidence. Once  I have redacted everything will re-upload.

a few questions :

1. Do I need to include the whole vcs contract in my evidence section, or just the pages I am using? I have included it all for now but trying to trim it a bit.
2. I will be submitting to the court online on 4th, so can I have 4 separate PDF files ( 1 for WS, and 3 for evidence( one for section 1,2 and 3) or everything has to be in one file?
3. Do I need an Index of sorts of what is included in my "digital bundle", or do I do this in the body of the email?
4. Logistics - the forum members advice is to send to VCS via post. The court has ordered that documents are delivered no later than 4th, so I should post at the latest on Saturday 31st or Tuesday 3rd to be delivered to VCS on 4th. Or do I just send an email to court and vcs on 4th, and they cant say they have not received it?

thank you

 

 

[Didusha]

I am attaching the second draft - formatted to the best of my abilities and understanding of requirements.

I am attaching also the my evidence - divided into 3 sections.

I have included the above-mentioned points.

 

one last question - who do I send the bundle to ELMS or VCS?

The original Claim FORM, clearly states that all documents/payments are to be sent to ELMS, and so far, I have not received a letter to tell me otherwise. I have not been sending anything to VCS directly.

I know that ELMS are probably no longer engaged, because the PoC were sent by Ambreen, however I have not been told to stop sending ElMS documents.

 

thank you

 

section 1 redacted.pdf witness statement second draft.pdf

[Didusha]

attaching section 2 and separately due to size. section 3 is the byelaws for which I have supplied the link already.

Section 2 - redacted.pdf