Please help- Please help !! PCN from Vehicle control services ltd

Fruitcake

I would tell DCB Legal to keep the memory stick. You wouldn't want them to send it back then say (truthfully) they don't have a copy of the recordings on a durable medium.

Coupon-mad

SoJacob said:

Coupon-mad said:

SoJacob said:

Coupon-mad said:

The husband's mobility issues are relevant because there is an Equality Act 'disabled passenger setting down' element in this case.

He is not disabled but has ongoing issues with his knees. But at the time he was having great difficulties in walking. 

That meets the definition of a protected characteristic (Equality Act 2010).

Thank you. Is there anything else you advise me to add into my draft defence ? 

As I already said in the Spring: the fact there are no red lines where you pulled over (in at least one case).

AND even though you keep saying the signs were 'clear', you are wrong in my opinion, because you cannot possibly have seen signs and decided:

 "oh that's fine; I'll agree happily to pay £100 a pop to drop my husband off, even though I could do that in the drop off area or in the short stay car park free of charge."

Wasn't a clear offer at all...was it?

PLUS the usual stuff seen in all Airport defences, that these are roadways - public highway - that falls under the TMA and/or byelaws.

Isn't that already in the draft defence you showed us, and only the Equality Act bit was missing   thus far?

SoJacob

Coupon-mad said:

SoJacob said:

Coupon-mad said:

SoJacob said:

Coupon-mad said:

The husband's mobility issues are relevant because there is an Equality Act 'disabled passenger setting down' element in this case.

He is not disabled but has ongoing issues with his knees. But at the time he was having great difficulties in walking. 

That meets the definition of a protected characteristic (Equality Act 2010).

Thank you. Is there anything else you advise me to add into my draft defence ? 

As I already said in the Spring: the fact there are no red lines where you pulled over (in at least one case).

AND even though you keep saying the signs were 'clear', you are wrong in my opinion, because you cannot possibly have seen signs and decided:

 "oh that's fine; I'll agree happily to pay £100 a pop to drop my husband off, even though I could do that in the drop off area or in the short stay car park free of charge."

Wasn't a clear offer at all...was it?

PLUS the usual stuff seen in all Airport defences, that these are roadways - public highway - that falls under the TMA and/or byelaws.

Isn't that already in the draft defence you showed us, and only the Equality Act bit was missing   thus far?

Thank you. I was shocked when my husband told me he binned lots of his old medical reports. But thank God!! I managed to get them from his photo gallery. 

I’m not having good time recently. Me and my husband were at the a&e all day today with our 6 week old baby and my boy. Both having bronchiolitis. 😰😰

SoJacob

@Coupo@Coupon-mad, could you please check you PM and let me know if those are good evidences to be submit to the judge? 

Thank you 

Coupon-mad

Evidence accompanies your witness statement (it is separate from your defence).

I think your main point in your WS should be about the lack of lines & prominent signs at the place where you pulled over.  A no-stopping zone requires double red lines and repeater signs facing oncoming traffic. 

Would it be true to say it was difficult to know where you were and were not allowed to drop off a passenger and you can't see double red lines in their evidence?

As for the medical evidence, I think less is more.  Don't bother with the handwritten stuff.

Also it's a minor point in comparison to the stuff about unclear signs & lines but worth saying in your WS that because the signage was confusing it was extremely difficult to know exactly where you could pull over to drop off a passenger who had chronic knee pain and some immobility, a condition which was flaring up at the time that year, and he needed to be close enough to walk into the building.

Don't forget the bit about the fact that Airport Byelaws apply and this roadway isn't a car park, it is public highway, so any penalty should fall within the statutory regime and the Traffic Management Act (TMA).

Even if not under the TMA, Airport Byelaws certainly apply and yet this Claimant has bypassed them and attempted to create a contract that allows drivers to breach the byelaws, it seems, for £100 payment which goes not to the Airport but to a third party.

Even if the Claimant has authority to do that, where is the evidence that these specific areas of the roadways fall within their area map of enforcement?

SoJacob

When should I submit the WS by? 

KeithP

SoJacob said:

When should I submit the WS by? 

By the date the court ordered you to.

SoJacob

KeithP said:

SoJacob said:

When should I submit the WS by? 

By the date the court ordered you to.

As per the order I will have to submit the defence by 5th this week but not mentioned the RE: WS. 

SoJacob

https://www.dropbox.com/s/abfeb9dgzlastfb/Document.docx?dl=0

Please let me know if you access to the above link and I appreciate your expertise advise. 

I have read the defence. According to my knowledge I believe that important points are added, including the equality act. Please could you have a look and let me know if this is good to submit? Anything else should be submitted with it? Also as per the order I email the defence to the VCS not to DCBL right? 

KeithP

SoJacob said:

Also as per the order I email the defence to the VCS not to DCBL right? 

You send copies of all documents to the Claimant or their solicitor if they are using one.

I am not going to read back through 433 posts to see what your situation is.