Stopping at Robin Hood Airport going to court

NearlyDone

Hello all,
Over 3 years ago the driver received a PCN for stopping at a bus stop whilethe driver reset the sat nav app on my mobile.



the driver was visiting the Vulcan to the Sky trust for a prepaid tour. They were located at RH Airport site. The driver sat nav had directed me to the location via a different route that the driver had expected (the driver had previously used Street View to help me metally plan a route). The sat nav unexpectedly announced we had arrived and then crashed. At this point the driver was confused and disorientated about my location. the driver pulled over as soon as possible which was a bus stop. Rebooted phone and reset sat nav. The driver then worked out their location from the sat nav map and turned around and found the car park for the Vulcan exhibition. Both the exibition and exibition car park were not sign posted.



I have files the AOS and will be using the above as a starting point for the Defendants Defence Statement.


I did not see any signage (too busy looking for the venue while trying to work out were I was) but I know this is not a defence. But is the reason I needed to stop driving as I was not fully concentrating on the road.



Can a PPC actually enforce a Stopping PCN? This is not a Parking issue.




I suppose I am going to base my defence on the idea that I did not want a road traffic violation, due to mobile phone use while driving, trumps a Stopping PCN by a PPC. Any other ideas appreciated. Incuding am I wasting my and your time.



Can I post my Defence here for review when I have compiled it?



Any comments, suggestions and guidance on the next steps will be gratefully appreciated. I now have to stop ignoring these cowboys and put effort and time in to prepare for court.


Thank you.
Nearly Done.

Redx

Only a judge can tell you if enforcement can be made by the claimant , hence the court case

There is no S in defence , plus it's just Defence , no statement

Post the issue date from the claim form plus the day the AOS has been done

Read other VCS court case threads on here about RHA and do what they did , cribbing from their defences , then post your draft below for critique

Email a SAR to the DPO at VCS attaching a copy of the claim form as proof of I D to obtain all the documents and pictures and data about you and your vehicle

NearlyDone

Thank you. Spelling Noted.


SAR sent.
Issue Date 24/12/2019
AOS 6/1/2020


Next work up Defence.

KeithP

NearlyDone wrote: »

Issue Date 24/12/2019
AOS 6/1/2020.

With a Claim Issue Date of 24th December, and having filed an Acknowledgement of Service in a timely manner, you have until 4pm on Monday 27th January 2020 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Can a PPC actually enforce a Stopping PCN?

Yes. You need to read more threads like yours as this has all been said.

VCS v Crutchley

VCS v Ward

You need to search for VCS defence Ransomes

The_Slithy_Tove

You haven't indicated whether you have engaged in any of the appeals process so far. In particular, has the driver been identified? Your post kind of gives it away, so you MUST edit it, and make sure it refers only to the The Driver.

This is all because POFA and keeper liability will not apply, as the Airport is not Relevant Land. That will be a key part of the defence. It could also be said you were never "parked", so POFA is irrelevant, as it only applies to parking.

NearlyDone

I identified my self as the driver when I initially got the ticket when I wrote to them arguing that I should not have got a ticket. So I have shot myself in the foot for POFA and Keeper liability.

After their reply, I decided that there was no further point in going through their appeal system.

I did contact RHA via there web site and via registered post to apeal and protest but did not receive any reply (or acknowledgement of my correspondence).


I will be spending some time now researching Coupon-mad suggestion list.

NearlyDone

[FONT=&quot]IN THE COUNTY COURT

CLAIM No: CXXXXXX

BETWEEN:

(Claimant)

-and-

(Defendant)[/FONT]



Defence

1. The Defendant was visiting the Vulcan Experience which was located in a hanger close to Sheffield Doncaster Airport.
2. The Defendant did not access the Airport Approach roads via the main entrance (from the Great Yorkshire Way and Hurst Road roundabout).
3. The Defendant entered the site via Third Avenue and Fourth Avenue. Passing the Vulcan Experience hanger because there was no identifying signage. The Satellite Navigation application running on the phone reported that the Defendant had reached their destination. The Defendant was expecting to have arrived via the airport approach roads before arriving at the Vulcan Experience.
4. Fourth Avenue is shown as a cul-de-sac but access to First Avenue was available through an open gate. Somewhere around this point the Satellite Navigation application crashed and the Defendant had no further guidance.
5. The Defendant had used Google Street View, on the day before, to view the journey from the main approach roads using the directions given in the Vulcan Experience booking confirmation. The defendant therefore became confused and disorientated on entering the Doncaster Sheffield Airport approach roads as the layout and route did not match the images seen from Google Street View.
6. The Defendant had to find somewhere to stop safely without impeding traffic so as to remove the phone from its cradle to reset the Satellite Navigation application so that the map data could be accessed.
7. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
8. The approach Signage is too small and poorly positioned to be read whilst driving on Fourth Avenue.
9. There was no signage at the bus stop forbidding stopping.
10. There are no clear signs posted where public driveway becomes private property on which Doncaster Sheffield Airport by-laws apply, neither are there reminders to all drivers, which are clear and readable from a moving vehicle when approaching from Third Avenue.
11. No contract with Defendant.
    If a contract is to be formed, upon entering the site a driver must be
    able to read, understand and agree to the terms and conditions. A driver could not stop in order to read the signs as they enter the road as they by doing so they would block the junction. In any case, as VCS are only an agent working for the owner, mere signs do not help them to form a contract. VCS-v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of
    business model. In this instance, there was no contract formed whatsoever; no consideration was capable of being offered to the Defendant. The Defendant who was, in an emergency, accessing map data on their phone and reorientating themselves acted under 'The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003' prohibits motorists using a hand-held mobile phone, or similar device, while driving.
12. Doncaster Sheffield Airport, Bylaws, 2005 states (see 5(4)), “Except in 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”. As per section 5(4) above, the Defendant’s situation should be regarded as an emergency, as it was an unexpected and serious situation requiring an immediate action, whereby stopping at the bus stop was the said immediate action taken by the Defendant.
13. Doncaster Sheffield Airport, Bylaws, 2005 5(1)b states, “without due care and attention, or without reasonable consideration for other persons using that part of the Airport;”. Handling a mobile phone while driving would be driving without due care and attention.
14. The Claimant is not the land owner so they cannot take out a case of trespass. Also the Claimant has suffered no loss.
15. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

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

Name
Signature
Date

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Le_Kirk

Presumably you will number the paragraphs instead of bullet points when submitting? Defences are written in the third person and you have an errant "my" in your third paragraph - could say "on the defendant's phone" or just "on the phone"

NearlyDone

It was on my list of things to do. I was going to wait until it I knew what the final result was. Perhaps I should bring it forward.