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VCS COUNTY COURT CLAIM FOR STOPPING AT HUMBERSIDE AIRPORT
Babyshark
post Fri, 31 Aug 2018 - 15:32
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Hello
I’m hoping that I am posting this in the correct place the correct way (trying to do along this on my phone) I’m unlucky enough to have received County Court Claim form today for what seems to be an 11 second stopping spell in the renowned bus stop lay-by trap at Humberside Airport. I’ve thrown all I have at VCS since November last year, failed the appeal, received god knows how many debt collection letters, responded to their letter before claim and now this. So I believe I now need to acknowledge this claim and send my defence. So what I’m really looking for is some help on the defence, as I suppose this is now my last chance to shake VCS off. I’ve not drafted anything yet but will get onto it ASAP. I’m thinking of following along the lines of my response to the letter before claim which I have copied below. Any help/pointers/advice will be gratefully received.







I am in receipt of your letter before claim dated 22nd July 2018. I was surprised to receive this correspondence as since your last correspondence I have received no less than 5 letters from your debt collection agencies Zenith and DRP for this alleged 11 seconds worth of “parking charge” which allegedly took place on 7th November 2017.

After what can only be described as 10 months worth of relentless threats and harassment from yourselves and your partner “debt collectors” with their threatening correspondence even in the absence of a County Court Judgement against me. I am once again having to spend quite some time away from my infant son to defend myself from what can only be classed as extortion. It has only this past year, been suggested by our very own members of Parliament that parking outfits such as yourselves be further regulated as poor signage, unreasonable terms, exorbitant fines, aggressive demands for payment and opaque appeals processes indeed have no place in 21st century Britain and quite frankly you have no place persistently interfering with my day to day life. To date you have served to be nothing short of a noose around my neck during a time when I should be focusing on life as a new mother and I should be directing all of my attention toward my infant son. You may, or may not be interested to know that I am not of the type of person that goes out of their way to take my chances in relation to the rules of the road and their respective laws. You certainly seem to be quite insistent that I am indebted to you because you seem to believe you have some sort of level of authority.

I am copying into this response to you, Humberside Airport also, as I am sure it will be in their commercial interests to see why perhaps members of the public aren’t utilising their services. Since the beginning of your harassment campaign for an alleged 11 second long carparking charge, it appears that you have inflicted your “carparking charge” reign of terror on many many people around me also. I for one, certainly won’t be paying Humberside Airport a visit any time soon to utilise any of their services for fear of being held liable by yourselves for undertaking some sort of innocent action which you may disguise as a “parking charge”.

I do not accept liability of the said debt or “parking charge”. No doubt you are still in possession of all the correspondence in relation to this matter to date dated 21st November 2017 and 28th November 2017. To summarise my reasons for not accepting liability:-

Protection of Freedoms Act 2012 does not apply as Humberside Airport is subject to Humberside International Airport Bylaws 1999 which are clearly stated on their website and enshrined in law. As a result you are not legally entitled to pursue me for any sort of “parking charge” under the Protection of Freedoms Act 2012.
A parking charge for a period of parking cannot cannot apply to the stopping a vehicle. Your notice to keeper states “stopping” as the reason for your “parking charge”. A “parking charge” can also not apply to any area of land which is not a car park. Your charge notices appear to be nothing more than an attempt to impose a fixed penalty in which you have no authority in law to do so. The photographs you have provided on your two charge notices show a vehicle that cannot even be identified as the one I am registered keeper of with it’s brake lights and rear number plate lights clearly illuminated. A parked car does not have illuminated lights.
The amount charged does not represent a genuine estimate of loss. Nothing has been provided to me to date to state yours or any land owner or Humberside airports particular losses arising out of this specific alleged incident. It is unreasonable for you to pursue “parking charges” for the stopping of vehicle for a mere 11 seconds given that 15 minutes free parking is indeed available a matter of meters away from where you claim the said incident occurred. You have repeatedly stated that you consider your charges not extravagant or unconscionable as supported by the Supreme Courts decision in the case of ParkingEye v Beavis. However I fail to see any similarity between the individual circumstances here and this case that you repeatedly refer to.
There is no contract with the registered keeper as per ‘The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations 2013
To date you have not provided me with evidence that you are legally entitled or contracted by the registered owner of the land to pursue charges/penalties/raise invoices for alleged incidents. Indeed such time has now passed in that a Landowner can no longer make a claim.
You are trying to enforce an unfair contract as per ‘Unfair Terms in Consumer Contracts Regulations 1999’ & OFT ‘Unfair Contract Terms

I would also point out that you have claimed within your two charge notices to have obtained my details from the DVLA Road Vehicles (Registration and Licensing) Regulations 2002. However, as the registered keeper of the vehicle, you are not entitled to pursue me under the Protection of Freedoms Act 2012, as this Act does not apply to the land on which the alleged offence took place. You have unlawfully obtained and then misused my personal information and this is a breach of DVLA Road Vehicles (Registration and Licensing) Regulations 2002. You have utilised information from the DVLA to undertake your campaign of harassment and extortion for your own financial gain. I reserve the right to pursue a complaint in this regard to DVLA.

Should you continue to insist that you will commence legal proceedings against myself, I shall of course ask the Judge to consider all of the above and all that stated on my previous correspondence to you to date.
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post Fri, 31 Aug 2018 - 15:32
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Babyshark
post Sun, 23 Sep 2018 - 12:03
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Thanks churchmouse. I really appreciate the time you have taken to have a look at this and for your advice. I will get on to getting it all tidied up.
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Babyshark
post Thu, 27 Sep 2018 - 10:31
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Just an update. I have submitted my final defence. I telephoned MCOL today and they confirmed that they have received it. I will keep you posted on developments. Cannot thank you all enough for your time and advice on this.
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nosferatu1001
post Thu, 27 Sep 2018 - 12:36
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Good news!

Start reading ahead. Cannot be passive in this, as post can and does go missing

Google MSE NEWBIES Thread, post 2. Read it. More than once. BOokmark it
EVERY question you have about process is likely answered there
Especailly read up on witness statements and what they DO contain, and also what they DONT.
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Babyshark
post Thu, 27 Sep 2018 - 19:46
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Thanks nosferatu1001. I will read and re-read.
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Babyshark
post Sat, 6 Oct 2018 - 20:22
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I received my directions questionnaire a few days ago confirming allocation to small claims track.

I have received VCS’s copy of the directions questionnaire today.
To summarise what they have indicated:-

A1 - Yes
C1 - Yes
D1 - Sheffield County Court - Claimants local court
D2 - No
D3 - 1
E1 - no
Signed Adam Glasby

I can photograph it and post on here if necessary.

I have my directions questionnaire but haven’t submitted it yet. I plan to submit on Monday and complete it as per the advice on the newbies thread https://forums.moneysavingexpert.com/showth...11#post71763411 unless anybody feels it should be completed differently? There isn’t a D4 option on my questionnaire so the format seems to have changed slightly since IamEmanresu made the post linked onto the newbies thread in 2014. My local court is Grimsby County Court. I have until 15th October to submit it.

As ever, grateful for input.
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ostell
post Sun, 7 Oct 2018 - 06:53
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Have they asked for it to be heard on paper only?
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Babyshark
post Sun, 7 Oct 2018 - 07:30
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There is no mention of them requesting for it to be heard on paper only, in their letter to me or on the directions questionnaire.
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SchoolRunMum
post Sun, 7 Oct 2018 - 14:54
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I think bargepole would suggest it is completed differently and an application made to contest jurisdiction.

Read this 32 page long thread first:

http://forums.pepipoo.com/index.php?showtopic=116961

If you want to avoid fighting it on contract arguments, follow what bargepole suggested instead, and replace the JLA byelaws with the applicable Humberside airport Byelaws instead:

QUOTE
''Back in January, when the claim was first issued, I was asked about the best way to defend it. My suggestion was that the AOS should be returned with the 'contest jurisdiction' box ticked, and the following reasons advanced on the application form'':

1. The material location to which this claim relates, is John Lennon Airport, Liverpool.

2. On 17 June 1982, Merseyside County Council enacted bylaws relating to this location, a copy of which are appended to this notice. The bylaws came into effect on 1 July 1982, and have never been revoked. Section 5 (iii) (a) of the bylaws sets out the conditions for driving and parking vehicles within the airport, and Section 12 describes the penalty upon conviction for any breach of the bylaws.

3. Any breach of the parking restrictions, as alleged by the Claimant in this action, is, therefore, a breach of the bylaws, and must be treated as a criminal offence, which cannot be the subject of a civil claim.

4. The correct jurisdiction for this matter is, therefore, the Magistrates' Court, and not the County Court. Any prosecution arising from the facts of this case can only be brought by Liverpool City Council, who in 1986 assumed the functions of the now defunct Merseyside County Council.
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Babyshark
post Sun, 7 Oct 2018 - 16:16
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I have already considered disputing jurisdiction, as it was discussed on this thread too. I decided against it as I do not want to risk incurring further costs as well as complicate and drag this out further for myself.

This post has been edited by Babyshark: Sun, 7 Oct 2018 - 16:17
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SchoolRunMum
post Sun, 7 Oct 2018 - 20:09
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Won't it be more complicated, dragged out and hard to win by defending on a contract law basis?
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Babyshark
post Sun, 7 Oct 2018 - 21:15
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I have been going along with the tried and tested route as per newbies thread so far. This is the first time I have ever had to deal with anything like this. I am not a litigant and I don't feel confident dealing with all of this as it is. I've haven't found any cases or anyone that has dealt with Court proceedings over "parking contraventions" at Humberside Airport. I get the feeling VCS are testing the water with this site with me. Correct me if I'm wrong on that and you know of others.

I haven't found any examples of contesting jurisdiction in these circumstances at all, on any byelaw sites. Because of that, I am skeptical about going down that route. There are skeptics on here too. It appears it is possible to try, fail and potentially be out of pocket, only to have to be served with court proceedings and deal with VCS all over again over contract arguments instead.

Yes, I could try with jurisdiction and win, but I lack the confidence, legal skills and the funds required.

I did look at jurisdiction once again today. I have already acknowledged the claim, and (correct me if I am wrong again) missed the deadline for that.

I have been following the LJLA thread out of interest as it is similar to my case here. It's hard to make complete sense of it, as it looks like a lot was dealt with off forum, understandably.

I hope you understand my reasons for not wanting to take the contest jurisdiction route. I know a lot of you are keen to test it.
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nosferatu1001
post Mon, 8 Oct 2018 - 08:54
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Far oto late to contest jurisdiction. Had ot be done witin 14 days of AoS, from what Ive seen.
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Babyshark
post Sat, 20 Oct 2018 - 20:32
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By the way of update, I've received "Notice of Transfer of Proceedings" today. To sum it up, it states that the claim has been transferred to County Court at Great Grimsby and I'm now to await the Procedural Judge to allocate the claim to track and give case management directions. I'll wait for the notice of allocation and post a further update once I've received it.
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Umkomaas
post Sun, 21 Oct 2018 - 07:52
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QUOTE
it states that the claim has been transferred to County Court at Great Grimsby

Is that your local court (or one that is reasonably near to you)?
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Babyshark
post Sun, 21 Oct 2018 - 09:34
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Yes, it's my closest Court, I had indicated it's my closest Court on the Directions Questionnaire.
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Babyshark
post Thu, 1 Nov 2018 - 16:21
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I have received notice of allocation to small claims track (hearing) today. I have uploaded images (hopefully). I'm a little bit confused as to the references to "counterclaim". I would have expected it to be referred to as "claim". I am not making any counterclaim and have not applied to do so in any of the documentation submitted so far. Am I reading into this too much? Is this response with references to counterclaim a standard response?
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nosferatu1001
post Thu, 1 Nov 2018 - 16:40
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Theyve used the wrong template
THe most obvious answer is you call the court and find out for sure.
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henrik777
post Thu, 1 Nov 2018 - 16:47
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QUOTE (nosferatu1001 @ Mon, 8 Oct 2018 - 08:54) *
Far oto late to contest jurisdiction. Had ot be done witin 14 days of AoS, from what Ive seen.


https://www.bailii.org/cgi-bin/format.cgi?d...mp;query=(toba)
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Babyshark
post Thu, 1 Nov 2018 - 16:56
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QUOTE (nosferatu1001 @ Thu, 1 Nov 2018 - 16:40) *
Theyve used the wrong template
THe most obvious answer is you call the court and find out for sure.


I have called to check. They checked and there is no counterclaim. Somebody in their court office "ticked the wrong box".

I'll start getting on with my witness statement.
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Grimsby Ranger
post Mon, 19 Nov 2018 - 12:13
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Good luck Babyshark, my wife has just received the 'Letter of Claim' prior to issuing a claim in the County Court. This is from 7 June 2013 and is for an 18 second stop at the infamous 'Bus Stop'.
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