Court Letter Robinhood airport bus stop PCN help!

sm1tt

[FONT=&quot]Defence [/FONT][FONT=&quot][/FONT]

[FONT=&quot]
1. It is confirmed the Defendant was the driver on the material date.

2. The Defendant denies entering into any contract with the Claimant. In the alternative, if any such contract was entered into it is denied that the driver breached its terms.

2.1. The claim is denied in its entirety except where explicitly admitted here. The Defendant asserts that they have no liability to the Claimant for the sum claimed, or any amount at all.


No agreement/breach of terms and no contract (alternatively, frustration of contract)

3. The Defendant's recollection of that morning was that on the approach to the airport the Defendant began feeling nauseated and decided in the best interests of safety to pull over until the motion had passed. Given the fact that it is unsafe to drive as advised by medical professionals to not continue to drive under these circumstances, the length of time incurred in an emergency situation to be as minimal as possible confirms that there was no 'parking event', and neither was there any agreed parking contract. If the Court is minded to consider that there was, then any contract was frustrated and outside of the control of the Defendant, because:

[/FONT]
[FONT=&quot]3.1. the event happing such a long time ago and the lack of any form of proof or evidence provided by the Claimant prior to the forming of this defence or the lack of receipt of any PCN or evidence to prove that there was indeed any infringement other than hearsay that at such times it is impossible to accept or deny the claimants truth.

3.2. it is known only that the Defendant attended the airport during the early hours of the day during the winter months to drop off a family member and as such would have been unable to clearly read the unlit signs that are supposed to be located around the airport.

3.3. it must be considered by the court that the event happening over 3 and a half years ago to show understanding that without prior evidence before defence the Defendant is at a disadvantage to the Claimant.

3.4. As such, the elements of a contract were absent. No consideration flowed between the parties; there was no acceptance of any terms by performance or express or implied agreement and the Defendant was given no opportunity to read any terms under the specific circumstances.

3.5. Even if the Defendant had been given the opportunity to read and accept terms, the unlit signs at this location are hidden by other, far larger and more prominent 'welcome' and directional signs/flags/banners just off a busy roundabout.


[/FONT]
[FONT=&quot]3.6. Even if the signage did offer a licence to park at a price (rather than simply saying 'No Stopping' which would be forbidding wording which cannot also be painted as offering any contractual licence), it is averred that the signs at this location are obscured by large banner 'flags' and the font size is too small and the words too many to be safely read while driving from a roundabout in traffic in the dark. It is also poignant to note that at no time does it refer to Bus stop / Stand as part of its Terms and Conditions. It is an ironic fact that the only way any alleged 'no stopping' signs could be read, would be to stop.

3.7. Even if the Claimant shows the court that the terms on any signs were legible that under the stressful circumstances presented and the time of day being the early hours during the winter months, any contract was frustrated. This is a fact that the claimant would have known about, had their watching CCTV van driver mitigated any loss and approached to offer assistance, rather than lurking in the shadows and taking photographs with the intent of penalising.

3.8. The Defendant would expect the Claimant's own CCTV van operator to attend the hearing in person and provide a witness statement to explain why instant penalties continue to be issued regardless of the van operator seeing for themselves any mitigating circumstances, and to explain whether that is due to VCS blanket policy to 'fine at all costs' or whether a personal decision was made to ignore the possible plight of the Defendant and take pecuniary advantage.


CPR breach – No Contact has been established at any time from the Claimant prior.

4. The Defendant received no parking charge notice (PCN), either on the day nor in the post and had no idea about any alleged contravention, penalty or 'parking charge', however it might have been described.

4.1. If a 'PCN' was posted - and the Claimant is put to strict proof of posting - having received no appeal or communication, no attempt was made by the Claimant to trace the Defendant's current address.

4.2. The Defendant has no idea what terms appear to have been breached, and has received no information, or evidence to prove as such other than a Letter of Claim.

4.3. It is considered that if any contract had been breached the Defendant had no opportunity to accept or deny its truth due to no contact being received from the Claimant.

4.4. the Defendant has had to cover any number of possible defence issues at this point, for fear of typical parking operator 'ambush' with photos and information about the contract finally being divulged at or just before the hearing, the Defendant therefore requests the court to strike out the claim using their court management powers, or in the alternative, to order further and better particulars of claim, and leave for the Defendant to amend their defence accordingly.[/FONT]

sm1tt

BUMP for information as this is now becoming urgent and no advice received thanks!!

Le_Kirk

It is also poignant to note that

You might want to look at your use of the highlighted word, maybe you mean important?

CPR breach – No Contact has been established at any time from the Claimant prior.

Is this an unfinished statement?

Defendant began feeling nauseated and decided in the best interests of safety to pull over until the motion had passed

Better as: -

Defendant began feeling [strike]nauseated[/strike] nauseous and decided in the best interests of safety to pull over until the [strike]motion[/strike] feeling had passed

In general you seem to have covered most of the legal/technical points but have also included information that would better be included in the Witness Statement (WS) which is the story of what happened on the day and is produced and filed later in the process. There are also arguments missing such as the claimant proving that they have proprietary interest in the land and lawful permission to pursue you through litigation. Also I would lay out, briefly, at the beginning, a summary of the issue. If you go to the NEWBIE sticky and look at post #2, you will find 17 pre-written defence examples that you can use as style examples to modify your defence.

SoJacob

Hi,
Please help, I do not know how to ask a question in the forum.

I recently received a pcn from vehicle control service for stopping in a bus stop (marked with red line), for dropping off my husband lasts for less than 30 secs.

I have done the same to pick him up too, so I may receive another pcn soon.

What should I do? Should I ignore ?

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before posting

Go there now to get an understanding of the game you are now caught up in and how to deal with this

If you need more advice after studying the FAQ then you need to start your own thread and not hijack someone else's like this

Throughout here you are advised never to reveal who was driving

You need to edit (or delete) your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you in Court

sm1tt

Is it best to leave some evidence of what happened on the day or would it be best removed and used in part of the witness statement?



I dont want to leave this out (defendant feeling ill) and then not be able to rely on it in court!!
Otherwise i have added / removed some of the waffle that is best left for WS and added the points mentioned as well as highlighted better others!

Le_Kirk

You could leave in a summary about feeling ill as the reason for stopping but leave the bulk of it (the narrative) for the WS. If you have doctor's notes about your condition, that should be submitted as evidence at WS stage.

sm1tt

ok great! Think im pretty much good to go then! Heres hoping it will be enough!

sm1tt

So now this is complete and sent i was hopeful that i could get some help and advice about the best way to complain to my local MP about this Charge?


Do we have any sub threads someone can point me to for this information please!!

sm1tt

Hello!


So the next step in the process so far.......
Sent off defence to CCBC in time (05/08), checked online at MCOL to find it had not been updated so sent again (13/08) the Defence as a forwarded email from the original date of sending as above and received the following day the Small claims track.


I have now received today a letter from VCS for notice of recovery stating they have been awarded a CCJ against me on the 14/08.


Is this just another process of scare tactics that i can ultimately ignore or have the CCBC messed something up??


Many thanks for the help and advice!!!