East Midland Airport PCN notice case in local court

Rameshlcc

Hello Everyone.
I have been reading various thread for guidance to prepare my defence against VCS PCN notice at EMA  for stopping on double red lines .My telephone hearing is on 12/2/2021 and I have to file my defence on 28/1/21. I have received copy of VCS witness statement they have filed with court. From day one, I have decided to fight the case until end. I will try to put my situation in received order for ease to follow.
I am S/E PHV taxi driver working in Leicestershire. On Friday, 6/12/2019 I picked up passenger at 7.20 am from Loughborough to drop him at EMA. Arrived at 7.35 am and parked my taxi in drop-off. After dropping the passenger paid £3.00 by card (have bank statement as proof) and waited at exit on mini-roundabout to join exiting traffic. I tried to accelerate quickly and doing so stall my vehicle engine. For the safety of my vehicle and NOT to cause traffic jam on mini roundabout, I let it roll on the side street on right for safe place to stop before attempting to start the engine. After few attempts, it started and proceeded to vacate EMA.  On 12/12/2019 I recd PCN from VCS for contravention reason 46; STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED. Appeal VCS on 16/12/2019 against the PCN explaining mitigating circumstances (engine stalling forced to stop on side street away from traffic in safe place). Appeal was rejected and advised to appeal to IAS (their appointed solicitors panel). BIAS decision recd from IAS advising they are barrister or solicitor NOT legally appointed Judge and therefore they cannot take mitigation circumstances into account. All they can do is guide VCS on the basis of documents submitted if PCN is correctly issued. In my case it was correct. Decided not to pay but let VCS take me to court. Following above 2 final demand notices dt 19/2/20 and 27/2/20 for the amount of £160 recd which I ignored. Letter before claim dt 06/03/20 was also ignored. Finally on 24/7/ 2020 they decided to take the matter to court. Completed form N180 and filed my defence. Case became defended claim and was transferred to Leicester court as per my request. I tried court free mediation offer on 22/10/20 when VCS offered to reduce the PCN to £140 including court cost which I refused to accept .Following that, I received notification of small claim track route(hearing). My case is listed as I mentioned above by telephone on 12/2/2021. WE are couple living the house. I am 66 yrs old and I look after my 62 yrs old registered disabled wife. When filing my N180 form in August 20,I did not put any reason not to attend the hearing as I knew I could get someone to look after my wife on the day of hearing .The situation has changed upside down now. When I received telephone hearing in Dec 20, I thought i will get someone to look after my wife on 12/2/21.We are in lockdown from 6/1/21 until 16/2/21 and beyond. I cannot invite anyone in my house on 12/2/21 due to our age. Requested court to adjourn hearing of 12/2/21 on above ground but it is rejected. Thus trying to prepare my defence and get ready for telephone hearing.
Points on VCS witness statement I think I need to tackle are:

1.  CW states claimant issued with PCN followed by several correspondence in an attempt to remedy this mater without court 's intervention but this has been declined by the defendant. (this is easy as I can demonstrate to court with appeal correspondence and willing to participate in mediation service)
2. 1. Breach of Contract: adequate Signage in all streets inc large one at the entrance of EMA; PCN charge £100 to discourage drivers to stop and also this scheme to prevent traffic congestion and prevent vehicle obstructing the route; sympathising my circumstances (unavoidable stopping due to breakdown) but respectfully referring to court case of VCS-V-Damen ward (2018) whereby the defendahad stopped his vehicle in a no stopping zoneas he thought his vehicle had a mechanical fault. VCS argues that breach was a breach regardless of the mitigating circumstances quoting HHj Saffman at Paragraph 33. VCS trying to show that any breach caused by unforseen circumstances is not a defence in law. it goes further to state that defendant did NOT use their helpline whilst on site which proves it was a genuine emergency
3. 1. CW states supreme Court decision in ParkingEye Ltd-V-Beaves (2016) AC 1172 paragraph 94 of the judgement of Lord Neuberger to prove VCS has given defendant a contractual licence to enter the site which is private property  which should be applied here.
4. 1. another cases VCS-V-Nick Idle and VCS-V-Damen ward to prove that defendant were found liable despite stopping for 4 seconds

I have read somewhere in one of the court case that stationery driver who can read the signage while waiting for car park entrance barrier to open is in agreement to contractual terms but any driver who is driving and has split second glance of the signage cannot possibly deemed to enter in to binding contract as all the information is not read and understood. If someone could help me here it will be greatly helped in my defence.
Time is short for me to prepare my defence therefore any suggestion would be helpful. i thank you in advance for reading my post and helping me.

Rameshlcc

I forgot to mention one more thing in my post. The CCTV footage taken by VCS driver shows a truck parked behind my taxi at same time. This truck was there when I turned in the street looking for safe place to stop. Secondly, I went to EMA to get any evidence after ISA failed appeal. I noticed another truck parked in the same spot where I received PCN on 6/12/19. I have taken photograph as evidence on my mobile. In addition NO signage can be seen displayed on the side of the road where I have received PCN. VCS only relies on double red lines painted on the road as prohibited stopping at the spot.

Car_54

Double red lines mean no stopping at any time, as you should know from the Highway Code. AFAIK there is no need for additional signage.

What do you think is the relevance of the parked trucks? They may well have received PCNs. Even if they haven't, they provide no defence. Many people avoid being convicted for murder: that doesn't mean everyone else should.

Rameshlcc

Thanks for the comment. Please note it was dark morning with poor visibility. How can you see red lines on the side of the road? Highway code specifically states that in emergency find suitable safe place. Without power how can you drive your vehicle 2 miles to get out of restricted zone.. 

AdrianC

Rameshlcc said:

Please note it was dark morning with poor visibility. How can you see red lines on the side of the road?

My car has lights on the front, for the sole purpose of illuminating the road ahead.

Without power how can you drive your vehicle 2 miles to get out of restricted zone.

If you'd stalled the car in a ham-footed attempt to move away, you simply turn the key and restart it. It takes a second.
If you know your car won't restart quickly, get it mended. It is the very basis for your business.

You are a taxi driver in the immediate vicinity of East Midlands Airport. You should be very well aware of the no-stopping situation, and the reputation for zealous enforcement.

lesalanos

You are better off posting on pepipoo than here
They have a few threads on EMA

http://forums.pepipoo.com/lofiversion/index.php/t134269.html

NottinghamKnight

Rameshlcc said:

Thanks for the comment. Please note it was dark morning with poor visibility. How can you see red lines on the side of the road? Highway code specifically states that in emergency find suitable safe place. Without power how can you drive your vehicle 2 miles to get out of restricted zone.. 

Don't think you were at EMA if you have to drive 2 miles to get out of restricted zone, maximum is around 500m I would guess. That roundabout is around 50m from the entrance onto the main road I believe.

Rameshlcc

Thanks lesalanos. Nice to know there are few people who thinks positive and try to help. I believe if you cannot help then stop criticising by negative comments. 

Homer_home

[Deleted User] said:

Double red lines mean no stopping at any time, as you should know from the Highway Code. AFAIK there is no need for additional signage.

What do you think is the relevance of the parked trucks? They may well have received PCNs. Even if they haven't, they provide no defence. Many people avoid being convicted for murder: that doesn't mean everyone else should.

Yes on a public highway is ema public highway? Is so why is VCS ticketing people on a public highway?

You need to head to pepipoo for proper advice and quickly , I seem to recall something about them losing a case because stoping is not parking but I'm not sure , pepipoo is your best bet 

Le_Kirk

My telephone hearing is on 12/2/2021 and I have to file my defence on 28/1/21. I have received copy of VCS witness statement they have filed with court.

I doubt that.  If your hearing date is decided, you must have already filed a defence with the CCBC, especially as VCS have filed and served their witness statement.  Maybe you have to submit your WS by that date.  As pointed out by others, either go to Pepipoo or ask a board guide (Savvy or Soolin) to transfer your post to the parking sub-forum.

Rameshlcc

Sorry I meant I have file my Defence statement by 28/1/21. I have tried to register to Pepipoo site 48 hours ago but I have not recd my first e mail to put any article on forum. Can anyone tell me how to ask board guide to to transfer my post.