Claim Form for parking at Doncaster Airport

buziak

Update:

Received 2 letters

First one was Notice of Allocation the small claims track
Day later I received Notice of Hearing.

I've read that I need to prepare a Witness Statement therefore will be working on it.

Coupon-mad

Good, show us your draft WS and list of evidence you propose to use.

And if you get theirs in time, show us the entire rubbish so we can demolish it.

nigelbb

Send a SAR to the DVLA to confirm when you data was accessed & who by & for what reason. It will be for parking not stopping so VCS have lied & breached their KADOE contract with the DVLA.

buziak

Coupon-mad: Thank you! Going through it now. Will submit one soon!

nigelbb: Thank you for your tip.

Something like this is sufficient? English is not my first language so, please keep that in mind

Dir Sir or Madam,

I am writing to formally make a "Subject Access Request" for a copy of information that you hold about me to which I am entitled to under the General Data Protection Regulation 2018.

You can identify my record using the following information:

Name
Address
Reg number

Please supply the data about me that I am entitled to under data protection law including:

1. Confirmation that you are processing my data
2. Copy of my personal data
3. Names of all the recipients (individuals and companies) you disclosed my data to
4. Dates when my data was released to the recipients.
5. The reasons, recipients used to access my data.

I look forward to receiving your response to this request for data within one calendar month, per the General Data Protection Regulation.

Your sincerely,

XXX

Coupon-mad

I am simply sharing so that others could use it if they stop at the bus stop near Doncaster airport.

IMHO sorry to say you are on shaky ground:

1. NEVER EVER stop at any bus stop, it is NOT a layby (not on private land nor on Council streets).

2. Read these posts:

https://forums.moneysavingexpert.com/discussion/comment/75803118#Comment_75803118

https://forums.moneysavingexpert.com/discussion/comment/75802419#Comment_75802419

How will you distinguish your case from those gobsmackingly STUPID decisions?

buziak

I have contacted the author of this post.
h-ttps://forums.moneysavingexpert.com/showthread.php?t=5851307

Remove "-" in https:. I can't post links as a new member.

Same situation to mine.

I asked about the result and she/he mentioned that won the case. First the case was adjourned and then the claimant didn't show up for the second hearing.

Umkomaas

https://forums.moneysavingexpert.com/discussion/5851307/mcol-phase-please-help

Coupon-mad

Good, let's hope that happens to you too.

If they turn up you need to have read VCS v Cructhley and VCS v Ward as you know that they will use them.

Your SAR is fine, IMHO.

buziak

Umkomass thank you for the link

Coupon-mad I have received another message from the person I mentioned earlier: He mentioned that this argument was helpful.

h-ttps://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

Remove "-" in https to access the link


So far I came up with this.


In the County Court at Sheffield
Claim No. XXX
Between

Vehicle Control Services Limited (Claimant)
and
XXX (Defendant)

---

Witness Statement

---

I am XXX, I will say as follows:

I am the Defendant in this matter. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.!
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise. Attached to this statement is a paginated bundle of documents marked XX to which I will refer.

Before I describe what happened on the day I drove to Robin Hood Airport, I confirm that the essence of my defence to this claim is that
a) I did not breach the terms
b) I did not enter into any contract with the Claimant

1. On a date of alleged contravention, I drove to Doncaster airport when suddenly my car experienced problems with the clutch, shifting gears and I had to pull over immediately to avoid blocking an airport approach road.

2. I deny that by stopping in the area where “stopping is prohibited” I breached the terms and the contract was formed between me and the Claimant.

3. As I experienced sudden problems with the clutch and shifting a gear, I had no other option other than stopping in the middle of the road, but to steer my vehicle into the zone where it was safe for me to restart the car and drive off.

4. Since I was focused on shifting the gear and moving off the area I have entered, I have not had the chance to read the signs that were posted there and that were informing motorists that stopping is prohibited. Even, if I had known about this, this would not prevent me from stopping in the ‘prohibited area’.

5. Having not heard about this matter in months and upon not receiving parking charge notice from the Claimant,I had no opportunity to supply evidence of the faulty car part and therefore the Claimant have elected to pursue this matter via litigation.

6. It is my position that, the Claimant has no standing, or cause of action, to litigate in this matter. [Need to expand this and provide evidence here]

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date



*** I know that I need to add more to it, provide evidence and correct grammar but wanted to share what I came up with so far.

Coupon-mad

Your case is like VCS v Ward. Oh dear. Let's hope you get a Judge who listens to reason. YOU MUST BE READY TO FIGHT THIS OR YOU ARE ABOUT TO LOSE.

Your WS hasn't mentioned any evidence exhibits? e.g. PCM v Bull as you mentioned.

I think you need to adduce Jopson v Homeguard, NOT in terms of what it says about residential car parks of course, but quoting what they appeal case says about a minor vicissitude like a breakdown, NOT being 'parking'.

The reason for using that case and not just PCM v Bull (an ordinary county court decision with no clout) is that, like VCS v Ward and VCS v Crutchley, Jopson is 'persuasive' on the lower courts, being a County Court decision on appeal.

Therefore, you are trying to beat their Top Trumps with your appeal case.

You have a hard job here.

And Beavis is OBVIOUSLY DISTINGUISHED(!), as it wasn't a ''no stopping'' case, it was a place where people were invited to park and offered a contract or licence on 'prominent signs' with plenty of opportunity to read them. These no stopping cases are nothing like it and the signs are diabolical and incapable of binding a driver whose car breaks down (unless your Judge is persuaded by the Judge in VCS v Ward whose car stopped for FOUR SECONDS).

IMHO that decision in Ward is embarrassing as far as the law is concerned, and I say that as a non-legally trained person...

And on top of that, you need to distance your case from VCS v Ward somehow, maybe by pointing out the error in Ward (not just that the Judge was deluded to to be able to distinguish it from Beavis!). What I mean is, if you read VCS v Ward from RichieBoy56's thread (and please do, as you need to be ready to fight that one) the Judge even quoted from VCS v Crutchley where the Crutchley Judge mentioned a breakdown situation as different, and yet the Ward Judge missed what he was quoting...IMHO.

Finally - two things:

(1) read the Airport Byelaws* about stopping on Airport roads, see if there is anything in there that saves your case from being likened to VCS v Ward. I don't know if there is but it might be the difference between the two cases...because the byelaws might have something useful in them.

(2) Do the byelaws actually show that this is a roadway that is actually covered by THE ROAD TRAFFIC ENACTMENTS, and should not even be enforced as if it were private land?

Lots of reading for you. Your case seems far from easy to argue, IMHO.



*I just Googled the DSA Byelaws and I think I've found a good exhibit for you:

5(3) Obstruction
except in an emergency, leave or park a Vehicle or cause it to wait for a period in excess of the permitted time in an area where the period of waiting is restricted by Notice

and

5(12) Parking of Vehicles
without reasonable excuse park a Vehicle elsewhere than in a place provided for that purpose.