East Midland Airport PCN notice case in local court

m0bov

At best you will be fined, at worst prosecuted for driving without due car. I'd pay and hope.

lesalanos

Pepipoo has trouble with Hotmail addresses sometimes if you use Hotmail 

You can @ the mods or just do a new post in the parking subforum

Car_54

m0bov said:

At best you will be fined, at worst prosecuted for driving without due car. I'd pay and hope.

He can't be fined - it's a civil matter.

And he can't be prosecuted for careless, not least because he hasn't been served with a NIP. Unless he's forgotten to mention it.

Le_Kirk

Rameshlcc said:

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. 

Still puzzling.  If you have a hearing set for Feb 12th you must have filed your defence already and January 28th is in 3 days time, in the future.  Look again at your paperwork from the court and see what it actually states.  Are you sure it does not state "Witness Statement" to be filed by 28th January as that is 14 das before the hearing which is the normal timescale.  It is important to be accurate in legal matters.
To contact a board guide just send a message using the little envelope icon at top right of the forum page right next to your profile button.

Herzlos

[Deleted User] said:

m0bov said:

At best you will be fined, at worst prosecuted for driving without due car. I'd pay and hope.

He can't be fined - it's a civil matter.

And he can't be prosecuted for careless, not least because he hasn't been served with a NIP. Unless he's forgotten to mention it.

Aren't the no stopping zones outside airports a bylaw issue? So I'm curious as to what court this is in.

I was under the impression the parking companies couldn't take it to small claims court because it's a bylaw, and they wouldn't take it to a real court because they wouldn't get any money from it.

What's the court claim? Are they after money for breach of contract or something else?

If it's a breach of contract then you should be defending along the frustration of contract - you had a mechanical failure, and then pile on with all the reasons it's not valid (no right to bring the claim, no loss, etc).

Rameshlcc

Thanks Herzlos & Le_Kirk. 
The wording on letter from court states "the case is listed for hearing on 12/2/21. Est time 30 mins. No later than 4pm on 29/1/21 each party must file with the court and serve on the other party all witness evidence and copy documents relied upon" send means to court and serve means to the other party. 
By 4 pm on 5/2/21 provide court with telephone number to be used for hearing.

Le_Kirk

Rameshlcc said:

Thanks Herzlos & Le_Kirk. 
The wording on letter from court states "the case is listed for hearing on 12/2/21. Est time 30 mins. No later than 4pm on 29/1/21 each party must file with the court and serve on the other party all witness evidence and copy documents relied upon" send means to court and serve means to the other party. 
By 4 pm on 5/2/21 provide court with telephone number to be used for hearing.

Well, there you are then, no mention of defence, the court should already have that supplied by CCBC.  However, since it states "copy documents" (whatever they are) I would send my defence as well.  Have you written your witness statement and compiled your evidence?

Redx

As above , the defence was filed months ago , so post a copy of your defence below , so we can see how bad it was

You are filing a witness statement plus exhibits plus your summary costs schedule ahead of the phone or video hearing

Coupon-mad

You are at witness statement and evidence stage and you have a clear deadline looming.  Luckily, the NEWBIES thread deals with this, as do all the zillions of other VCS Airport threads that have already gone to hearings, that you could easily copy from.

Rameshlcc

Thanks Le-Kirk, Redx & Coupon-mad.
 VCS particulars of  claim.
The claim is for breach of contract for breaching the terms and conditions set on private land. The defendant's vehicle, was identified in the EMA on 06/12/2019 in breach of the advertised terms & conditions; namely stopping in a zone where stopping is prohibited. at al material times the defendant was the registered keeper and/or driver. The terms & conditions upon entering private ;and were clearly displayed at the entrance & in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued and the defendant has failed to setle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest.
Particulars of my defence.
I am S/E taxi driver working with ADT taxis of Loughborough since 2017. I visit EMA regularly to drop/pick passengers. My taxi is clearly identified as Taxi with ADT signage al over the vehicle. On Friday 6/12/2019, I dropped customer in drop off zone at approx 7.35 am and come out of barrier for onwards journey. As I turned left on the main road my vehicle engine suddenly cut out of all power. Rather than stop on the main road, I turned my vehicle right and let it rolled on the side road for my vehicle's safety and out of any danger to other road users. I had my light including hazard lights on. My vehicle came to halt on the side of the road. I tried to start the engine again. After few attempts it started. I turned my vehicle around & carried on to exit of the airport. I was less than half a minute on the side road (28 mins as per correspondence with claimant). Following the above incident, I took my vehicle to my local garage for further investigation. I was advised by the garage that my vehicle is fitted with management system to safeguard any damage to engine when it detects possible fault. This is normal to this type of vehicle. He provided me with paper explaining stop start management system incorporated in my vehicle by the manufacturer. I appealed against PCN issued by claimant on 2/1/2020 requesting them to reconsider their decision on the above explanation & provided them with proof given by the garage. Claimant rejected my request and accused me of stopping deliberately in NO stopping zone unnecessary. I was further advised that by stopping on NO STOPPING ZONE, I was threat to airport security . Furthermore, I was advised that I should have not attempted to start my vehicle once it has come to halt but to contact their helpline for further guidance. I find this out of context, as any normal driver would do, I tried to start the engine and when it started, I proceeded to exit the airport. Pls note I was totally only 28 sec on the street mentioned on PCN. 
The signage which claimant refers to, does not clearly specify that in ALL event of stopping on NO Stopping Zone, the driver should contact their helpline to inform them the reason. Had this been made clear on the signage. I would have contacted the helpline to inform the situation. I do not believe that under the above circumstances I have breached any conditions which is displayed on the signage due to mechanical fault in my vehicle. i request the case be dismissed with immediate effect. I confirm that the facts stated on my defence is true version of the event.