VCS ELMS Claim Form issued for No Stopping - Leeds Bradford Airport

[Popcorn78]

Morning,

 

I’m new here and really need your help please! 🥹

 

I’ve been a bit crafty/foolish with VCS by ignoring every bit of communication with them. However yesterday I received a Claim Form from ELMS for court proceedings. 

I stopped to ask a staff member for directions at Leeds Bradford Airport and it was a no stopping zone. This was on 08/10/22.

I received a NTK letter on 31/10/22 which I ignored. 

Then received Final Notice 29/11/22 saying fine was now £100. 
 

Until now I have ignored everything. Please could someone tell me what my next steps should be?

 

Date of the infringement 08/10/22

 

2 Date on the NTK 31/10/22

 

3 Date received - unknown.

 

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? No

 

Have you had a response? I’ve ignored every single correspondence from VSC and ELMS Legal. 

 

7 Who is the parking COMPANY? VCS

 

8. Where exactly Leeds Bradford Airport 

 

best wishes

[Nicky Boy]

Hi Popcorn,

 

Could you please upload all paperwork you've received from the fleecers so far.

 

Also please follow the instructions in this sticky, so the guys can advise further...

 

Edited March 20, 2023 by Nicky Boy

[brassnecked]

If you do as Nicky Boy asks and acknowledge the claim on MCOL, don't worry about defence right now, that will be a simple 3 line one but under no circumstances do you Counterclaim.

[Popcorn78]

Which Court have you received the claim from ?

 

MCOL Northampton NN1

 

Name of the Claimant : VCS

 

Claimants Solicitors: Edmund Shoreman-Lawson

 

Date of issue – 17/03/23

 

Date for AOS - 04/04/23

 

Date to submit Defence - 18/04/23

 

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 was identified in breach of advertised terms and conditions- namely stopping in a zone where stopping is prohibited.

 

3. At all material times the defendant was the registered keeper and/or driver.

 

4. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

 

5. 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. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued

 

6.the defendant has failed to settle the outstanding liability.

 

7. The claimant seeks the recovery of the parking charge notice, contractual costs and interest. 

 

........................Thankyou so much for your help.

 

I’m prepared to fight these cowboys.

 

There is no way I’m giving in.

Worried about it since I got it and almost caved but I’ve come this far!
Added my files here as requested. 

 

 

Sorry All new to me. Thanks for your help 

 

Here with all details together. Pics and addresses included. 

NTK2302_compressed.pdf

[dx100uk]

thread tidied.

 

please carefully note your corrected dates for AOS and defence filing.

 

there are 100's of VCS/Excel threads here on airport no stopping claimforms

use our enhanced google searchbox

 

i suggest you read a good 10-20 of them ASAP. Airports byelaws override silly speculative invoices and cannot be enforced by a scamming private parking company.

 

...................

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

 

 

[lookinforinfo]

I don't know how they get away with it-stating that No stopping can form a contract. It cannot.  So just relax knowing that VCS get spanked in Court every time they claim that.

 

 

[Popcorn78]

Thankyou that makes me feel so much better.

 

I’m going through old threads to pull pieces relevant to me.

 

So time consuming though - I feel like these jerks are wasting my life!

[Nicky Boy]

That's one of the tactics they use... Attrition. Some victims just can't be bothered. 

Edited March 21, 2023 by Nicky Boy

[brassnecked]

They will pull out all sorts of rubbish but if road isn't Relevant land, and Bylaws apply POFA doesn't and they have no right to access keeper data.  They have no jurisdiction on a Public Highway  as already indicated a contract cannot be formed from a Prohibition stopping is not parking.

[Popcorn78]

Fantastic. I can just keep it quite brief by the looks of it. Also I think they filed their NTK a week late? I thought it was a 14 day deadline?

 

Is there a chance they will drop the case before court?

[brassnecked]

They might but its unlikely, what they might do is send frighterner's like a letter saying pay up before court as we will be asking for an extra £250 in costs when they win, that's garbage as costs limited on Smalls Claim track thatwill not help them in court.

[Popcorn78]

Wowsers! Thanks for the heads up

[lookinforinfo]

Airports are governed by ByeLaws which means they cannot transfer the charge from the driver to the keeper so there is no necessity to adhere to PoFA on timing.

It also means that unless you have already revealed who was driving they are kind of stuck. Anyone could have been driving your car that day and they have to provide some evidence as to who they think was driving. Courts do not accept , despite what VCS say, that the driver and the keeper are the same person.

Just keeps getting better for you...................

[Nicky Boy]

The fleecers have no intention of using POFA.

They do not mention it at all.

 

Which means they've ignored their own ATA COP... Which they need to follow in order to have access to DVLA info.

 

Appendix 5
Example Notice to Keeper – Where no Notice to Driver Issued previously issued (where PoFA liability is not sought the statutory warning must be removed)

 

And right there at the bottom of the first page of their PCN is...

The Statutory Warning...

Labelled as "Important Note:"

[Popcorn78]

So have they illegally required my details from DVLA too?

[Nicky Boy]

You sound surprised?

As DX would say... "Ahhh bless".

[Popcorn78]

Naive and surprised. How are they getting away with it???? Honestly can’t believe it. 

[lookinforinfo]

To be fair Nicky Boy they have changed the statutory warning slightly. It doesn't say that the onus moves from the driver to the keeper after 28 days. They say that they will pursue the keeper on the assumption that they are the same person.  Whilst they can say that, the Courts do not accept it so they will need some proof if they are going to win and that won't be easy since so many people are allowed in law to drive your car.

[dx100uk]

Get that CPR away today!!

 

Dx