PCN for Stopping at Zebra Crossing

adamhd

D_P_Dance said:

Why would you contest jurisdiction?  Do you understand what it means?  What have bye-laws got to do with it?  Are you confusing this with hearings held in Magistrates' Courts?

Yes. As I understand it because of the byelaws the land is considered not relevant and therefore they cannot use the Protection of Freedoms Act 2012, Schedule 4 to recover cost or transfer liability to the registered keeper. They still do not know who was driving the vehicle. 

KeithP

adamhd said:

As I understand it because of the byelaws the land is considered not relevant and therefore they cannot use the Protection of Freedoms Act 2012, Schedule 4 to recover cost or transfer liability to the registered keeper. 

That's correct.

Castle

adamhd said:

Sure and this would be my first defence to any person of sound mind but I've been told by others on this forum that that is not a suitable defence as because it's a private road it's not really a zebra crossing. I have pictures supplied by VCS very clearly showing people in my way on the crossing so if I had not stopped I would had had to mow them down. The whole thing is ludicrous. The contravention here is stopping, rather than allowing someone to disembark. Unless they issues fines to every vehicle that stops at the "crossing" I don't see how this can be upheld.

You can still be charged with the offences of dangerous or careless driving on a private road or in a private car park.

adamhd

KeithP said:

adamhd said:

Issue date was 14th Feb. Received through the post this morning. 

With a Claim Issue Date of 14th February, you have until Wednesday 4th March to file an Acknowledgement of Service. If possible, do not file an AoS before 20th February, but otherwise there is nothing to be gained by delaying it.

Why not until the 20th Feb?

Le_Kirk

Because you gain more time for writing your defence.

Fruitcake

It's something to do with when the clock starts ticking. It starts either on the 20th or the day you file the AoS if you do it before that date. Doing it on or after the 20th, but before the 4th, gives you a few extra days.

adamhd

Feedback on below would be appreciated.

In the County Court at Sheffield

Claim No. XXXXXXX
Between

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

 

Defence

I am Adam , below is my defence.

The contract set out by Vehicle Control Services (VCS) by way of signage at Southend Airport states: “RESTRICTED ZONE No Stopping £100 Charge if you Stop Traffic Compliance Cameras PRIVATE PROPERTY Vehicle Keeper details may be requested from the DVLA VEHICLE CONTROL SERVICES LTD MANAGE AND CONTROL THIS SITE”. The contract does not make any mention of any further terms and conditions such as circumstances in which you can stop, for example in an emergency. By stating that no stopping is allowed in a zone where there are lines painted on the road representing a Zebra Crossing, VCS is creating a material, unilateral variation to its own contract terms authorising vehicles to stop if the relevant circumstances arise. Any motorist would be expected to stop at a “Zebra Crossing” (pursuant to the Highways Code) if a pedestrian was waiting to, or starting to, cross. The pedestrian has also understood this to be a Zebra Crossing due to the break in the guardrail and the dipped kerb allowing the opportunity for them to cross the road.

The vehicle stopped at the Zebra Crossing in order to avoid a collision with a pedestrian that can clearly be seen crossing the road in Figure 1 below. Once the vehicle had stopped to allow the pedestrian to continue to cross the road, the passenger, under his own free will, decided to exit the vehicle, an act that does not breach any of the terms of VCS’ contract. The act of the pedestrian getting out of the vehicle was not the reason why the vehicle came to a stop; it was incidental to it.

httpx://drive.google.com/file/d/1-5aMTna4lFzpiFFDLlM8_O9qM1veOQCo/view?usp=sharing

Figure 1

It is also my understanding that the land in question is covered by byelaws (“The London Southend Airport Byelaws 1997”). Under the Protection of Freedoms Act 2012, Schedule 4, VCS are only allowed to recover costs pertaining to contraventions on “relevant land”. Also, since the land is not relevant, VCS do not have the right to transfer liability to the registered keeper. The byelaws mentioned above also state the following:

Prohibited Acts on Parts of the airport to which road traffic enactments do not apply

(3) No person shall, except in the case of 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.

(4) No person in charge of a vehicle or trailer shall, except in the case of an emergency, cause or permit the vehicle or trailer to stand so as to cause any obstruction, or so as to be likely to cause danger to any aircraft, person or property.

I would reason that a pedestrian stepping out into the road constitutes an emergency.

I believe the facts contained in this Defence Statement are true.

Coupon-mad

That's far too short.  Also, you don't write a defence as ''I did this'' and ''me''.  You've written a witness statement, not a defence.  

Find the recent VCS Airport threads that mention Ransomes and VCS v Ward.  I read a good. really thorough one here the other day, and you just need to search for VCS Airport Ransomes.

adamhd

Coupon-mad said:

That's far too short.  Also, you don't write a defence as ''I did this'' and ''me''.  You've written a witness statement, not a defence.  

Find the recent VCS Airport threads that mention Ransomes and VCS v Ward.  I read a good. really thorough one here the other day, and you just need to search for VCS Airport Ransomes.

Thanks I'll put this to one side as my WS!
As for the defence so many posts have someone saying "search for Ransomes and VCS v Ward" that I'm struggling to find the right one?

Coupon-mad

So would I, as the forum search doesn't work well any more since MSE 'improved' the forum last month.

I never provide links anyway as that helps no-one.  Newbies need to work out how to find things.

I am telling you there a was a good one just days ago, and you could have found it by now without searching.  Anyone can, just by skim-reading all the thread titles till you find it.