County Court Claim Vehicle Control Services VCS

clarkcj

Sorry, what's an LoC, letter of claim?

Le_Kirk

clarkcj wrote: »

Sorry, what's an LoC, letter of claim?

Yes, it is.

clarkcj

I have emailed them informing them of my rough plan of action (contest jurisdiction given that the area is covered by bye laws) and have given them until the 19th August to respond favourably to me.
If they fail to drop the case by that date oil go ahead with contesting jurisdiction, sound good?

clarkcj

I've had no reply from my emails, so will have to go ahead and contest jurisdiction.

I'll draft my evidence to support the application when I'm home for your perusal.

Does anybody have any tips in the meantime?

Thanks

Coupon-mad

Yes, copy the words from the UKPPO group Airport thread, it sets out how to contest jurisdiction. Long thread but worth reading.

So can I check you did not acknowledge this claim, and INSTEAD want to contest jurisdiction, and that you know that option will cost £100 court fee that you can then try to claim/get ordered back from the Claimant?

clarkcj

Copy the words exactly? That thread has mentions of John Lennon Airport and supplied evidence, where can I find the equivalent evidence for Sandwell and Dudley Station?
Thanks.

You are correct, I will be contesting jurisdiction and will pay the £100. No idea how to claim the fee from the claimant.

Redx

change the location, mention bylaws and look for the bylaws pertaining to that site (railway bylaws), which is what you are using to contest jurisdiction

clarkcj

Hello, just completing the n244 form.

1) Here is my information to be relied on (Section 10 of n244)
"1. The material location to which this claim relates, is Sandwell and Dudley Station, West Bromwich.

2. The railway byelaws (otherwise referred to as the 'byelaws') are made under section 219 of the Transport Act 2000 by the Strategic Rail Authority and were confirmed under Schedule 20 of the Transport Act 2000 by the Secretary of State for Transport on 22 June 2005

3. Section 14 of the byelaws sets out the conditions for "Traffic signs, causing obstructions and parking" at the station, and Section 24 describes the penalties for any breach of the byelaws.

4. Any breach of the parking contraventions, as alleged by the Claimant in this action, is, therefore, a breach of the byelaws, and must be treated as a criminal offence, which cannot be the subject of a civil claim.

5. The correct jurisdiction for this matter is, therefore, the Magistrates' Court, and not the County Court."

2) I will enclose a draft order that says this:
"Upon reading the Defendant’s application to contest the jurisdiction of the County Court in this matter; And upon the Court noting that that the Claimant’s particulars allege that damages are due to the Claimant for breach(es) of civil contract; And upon the Court noting that the relevant sections of the byelaws applicable to Sandwell and Dudley Station contain provisions for criminal penalties under statute; It is Ordered that: The claim is struck out. The Claimant shall pay to the Defendant the cost of this application, in the sum of £100, within 14 days"

3) £100 Cheque will be made payable to HM Courts and Tribunals Service

4) I will include a printed copy of the railway bye-laws, found here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/4202/railway-byelaws.pdf

5) I will send all these off tomorrow by signed for special delivery to CCBC nottingham if all is well

Does anybody have any comments or amendments?

Thanks! (apologies for the long-winded message!)

clarkcj

Anybody? I plan to send this off today

clarkcj

No worries, I have now sent this off, I'll let you all know the outcome in due course