Penalty notice at EMA

BrownTrout

Ok so you were not the driving.
You need to base your defence on the land not being relevant land due to Bye Laws
If i were you i would download a copy of the bye laws from the EMA website for your future reference and on this occasion centre your whole defence on this point.
Get onto the airport as well and try and get a boundary map for the site
I know VCS will try law of agency on this site, (dont worry about that at the moment)
Your defence really needs to very pointed on no keeper liability.

Bmwm3gt2

The issue date was 29th October

nosferatu1001

Have you followed the EXTREMELY clear instructions in post 2 of the newbies thread?
If not, first step is to ACKNOWLEDGE the claim, using the details on the claim form. How to do so is...at post 2 of the newbies thread

Confirm you have done that.

KeithP

Bmwm3gt2 wrote: »

The issue date was 29th October

With a Claim Issue Date of 29th October, you have until Monday 18th November to do the Acknowledgement of Service. If possible, do not do the AoS before 3rd November, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 2nd December 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Half_way

East midlands Airport Byelaws here:
https://live-webadmin-media.s3.amazonaws.com/media/7234/east-midlands-airport-byelaws-2001-re-issued-september-2009.pdf


Taken from here: https://www.eastmidlandsairport.com/about-us/operational-documents/


Also of use is this wordy document, in particular page 91"Appendix 2 - EMA Boundary and Land Ownership" https://live-webadmin-media.s3.amazonaws.com/media/6998/aerodrome-manual-2019-v20.pdf

Bmwm3gt2

Ok, I have done the SAR and AoS. As they are stating that the vehicle was stopped where stopping is prohibited I'm assuming it's 6(1) that I need to defend in the bylaws as I did not drive or place the vehicle anywhere as I wasn't driving? Also is section 9 relevant at all as the vehicle wasn't in a carpark? Thanks and I'm sorry for all the questions!

BrownTrout

Bmwm3gt2 wrote: »

Ok, I have done the SAR and AoS. As they are stating that the vehicle was stopped where stopping is prohibited I'm assuming it's 6(1) that I need to defend in the bylaws as I did not drive or place the vehicle anywhere as I wasn't driving? Also is section 9 relevant at all as the vehicle wasn't in a carpark? Thanks and I'm sorry for all the questions!

did you miss my post as its clear as day as to how you need to defend
I suggest you read it again

Bmwm3gt2

Hi, yes I did read it and without sounding stupid I really don't fully understand it! I have printed the bylaws but do I just state that the land is not relevant land due to Bye Laws? Or do I need to state certain parts in my defence? Sorry

Fruitcake

Yes you state that since byelaws apply, here is the evidence, the keeper is not liable as per the PoFA 2012.

Another defence point will be that the signs are forbidding and there is no consideration (nothing being offered).

Have you looked at other airport threads including the Newcastle Airport fightback group? There is a lot of useful information there about byelaws, although most of the case have been won on lack of contract.

You need to aver they do not have a contract that allows them to issue charges or start court. You will (should) get to see the contract during the exchange of evidence stage if it gets that far.

Coupon-mad

Just copy from another VCS Airport defence, and start yours with the fact you were not the driver and as this is not relevant land, you can't be held liable when not driving, and nor can you be pursued under the Claimant's already debunked at appeal and held to be 'improper' argument about the law of agency. Thus, there is no cause of action against the Defendant.

Then continue in the same vein as the other dozens of VCS Airport defences here.