PCN for Stopping at Zebra Crossing

adamhd

@Coupon-mad I've used the template that you put together and will include all three appendices. I have added the following:

 16.      The Defendant stopped the vehicle at a Zebra Crossing in order to avoid a collision with a pedestrian that can clearly be seen crossing the road in still images provided by VCS. 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.  

17.     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. 

20.     The claimant is put to strict proof that this approach road is a part of 'the Airport' site where road traffic enactments do not apply.

21.      If it is the Claimants case that the approach road is part of ‘the Airport’ land, then the land in question is covered by byelaws (“The London Southend Airport Byelaws 1997”) and deemed ‘not relevant’. Under the Protection of Freedoms Act 2012, Schedule 4, VCS are only allowed to recover costs pertaining to contraventions on “relevant land”. The byelaws mentioned above 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.

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

The rest of the defence is a combination of your template and parts of @valrossi defence. In my case I have admitted to being the driver as I don't see the point of avoiding it as the judge could just ask me outright if I was driving. 

adamhd

This has finally been allocated a Court date on the 17th December (remote via BT MEETME). In the letter they are recommending mediation. I know it's highly unlikely that VCS will accept mediation but should I show willing to go the mediation path?

Ralph-y

no mediation ..... the mediator will try and bully you into an agreement.... that's their job

you want to pay £0

Ralph

Coupon-mad

Absolutely NO and this is covered by bargepole in his 'COURT PROCEDURES' thread linked in the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

adamhd

Coupon-mad said:

Absolutely NO and this is covered by bargepole in his 'COURT PROCEDURES' thread linked in the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

Sorry, so it is. I did have a quick re-read of that but must have missed it. 

nosferatu1001

Every single part of the court process is in the newbies. Always thoroughly check there first  

adamhd

Letter received from VCS. Does this warrant any response at all or can I just ignore it. Seems like they are trying to scare me into paying by adding another £220 to the imaginary  bill!

adamhd

I have also just checked my DQ and realised that I ticked yes to mediation by mistake. Can I now refuse/ignore mediation and if I do will this have any negative impact on me at the hearing?

Le_Kirk

If you receive a mediation phone call, just resist the temptation to agree to any deal OTHER THAN the one that says you pay ZERO.  It won't go against you in court; most defendants (in parking cases) refuse mediation.

nosferatu1001

That letter from VCS is hilarious
Theres no chance of thm getting solicitor costs, unless you behave like an absolute idiot.