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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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nosferatu1001
post Wed, 9 Jan 2019 - 09:44
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Host on imgur, tinypic etc

You claim costs after the judge rules. Shame, another £100 or so would have hurt them.
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hexaflexagon
post Wed, 9 Jan 2019 - 14:17
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My congratulations too. This will no doubt give confidence to those who come later. I see there's already one re LJLA on the stocks here.

Do please upload here as much of the judge's summing up as possible.
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Babyshark
post Thu, 10 Jan 2019 - 12:32
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Ive attached my witness statement (hopefully). If you see anything that I should have redacted, please let me know.

This post has been edited by Babyshark: Thu, 10 Jan 2019 - 13:44
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Umkomaas
post Thu, 10 Jan 2019 - 13:40
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QUOTE
I've attached my witness statement (hopefully). If you see anything that I should have redacted, please let me know.

I'm not sure how you are 'redacting' your WS, but a simple copy and paste into my iPad Notes app reveals everything you've 'blacked out'. In particular on view is your home address and your real name - KH!
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Babyshark
post Thu, 10 Jan 2019 - 13:46
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Thank you Umkomaas! I've deleted it. Will try a different method!!
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Ollyfrog
post Thu, 10 Jan 2019 - 13:59
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Lol - you're not on Manafort's legal team are you? (Wish I was - they'll be earning about 100 times my salary!) As I understand it that's pretty much what they did biggrin.gif
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Babyshark
post Thu, 10 Jan 2019 - 14:02
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Looks like I should be Ollyfrog, wouldn't mind the salary either.
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Babyshark
post Thu, 10 Jan 2019 - 15:05
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After my earlier technological fail, Witness Statement attached. It has lost some of its formatting in the process.


Attached File  witness_statement_1_compressed.pdf ( 73.24K ) Number of downloads: 24
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