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EMA airport fine for stopping at the fuel station BP Fuel station.

13

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 April 2021 at 11:37PM
    Yes, the trick is to use google to search.
    Add the phrase site:forums.moneysavingexpert.com to any search argument.

    Although having said that, I have to say I still haven't found anything useful for you.
  • Coupon-mad
    Coupon-mad Posts: 162,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I found (by Googling) para 2.13 onwards of this 'Order dismissing the claim' (part of a CCJ set aside case) that has what you want even though this particular one is not a defence:

    https://forums.moneysavingexpert.com/discussion/comment/77213300/#Comment_77213300
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • san2020
    san2020 Posts: 81 Forumite
    10 Posts First Anniversary Name Dropper
     

    DEFENCE

     

    1.         The defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

     

    No keeper liability

     

    2.         The vehicle, registration XXXX XXX, of which the Defendant is the registered Keeper, appears from the evidence supplied by this Claimant to have entered a petrol filling station from a private road and stopped briefly. As the Claimant does not know the identity of the driver of the vehicle in question, it must be presumed they are pursuing this claim against the keeper of the vehicle.

     


    Added the below wording just before the no keeper liability and adjusted numbers below.

    The Court is invited to take note that the Claimant has issued a further claim, number XXXXXXXX, against the Defendant on the same date, and with substantially identical particulars, for the same cause of action. The issuing of two separate claims, by the same Claimant and for essentially the same cause of action, is an abuse of the civil litigation process. The long-established case law in Henderson -v- Henderson [1843] 67 ER 313, and more recent authorities, establishes the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case. The Court is invited to consolidate the two claims to be determined together, and to apply appropriate sanctions against the Claimant.


    I don't see any examples of WS for this type of cases. I will search again but appreciate the direction or what I should search for. EMA airport for stopping (not parking).

  • san2020
    san2020 Posts: 81 Forumite
    10 Posts First Anniversary Name Dropper
    The Defence is sent today for this VCS Claim2. Hoping to spare some time on WS and Exhibits for VCS Claim1. Due on 5th May.
  • san2020
    san2020 Posts: 81 Forumite
    10 Posts First Anniversary Name Dropper
    CCBC sent a letter dated 9th April 201, that it is now a defended claim, suitable for small claims track. DQ form N180 received.
    asking for the N180 form to be submitted to court and PPC using advise of  https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411 
  • Le_Kirk
    Le_Kirk Posts: 26,491 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    san2020 said:
    CCBC sent a letter dated 9th April 201, that it is now a defended claim, suitable for small claims track. DQ form N180 received.
    asking for the N180 form to be submitted to court and PPC using advise advice of  https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411 
    Correct
  • san2020
    san2020 Posts: 81 Forumite
    10 Posts First Anniversary Name Dropper
    edited 1 May 2021 at 5:13PM
    letter received that ELMS are no longer acting on behalf of VCS.
    change of legal representative: https://www.dropbox.com/s/s6s0jduvlajd53e/change of legal rep 14apr21.jpeg?dl=0

    also cover letter.
    https://www.dropbox.com/s/ro2v4l6t5mezl8v/vcs 14apr21 .jpeg?dl=0

    any advise as I guess this is unexpected.
    for my original claim(1), I've not received any thing yet.

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 27 April 2021 at 8:49AM
    Been quite a few of those on here recently , read other cases , not just your own , when I read your post above it was entirely expected by me. I suspect the airport fiasco recently triggered it ( Southend )
  • Umkomaas
    Umkomaas Posts: 44,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There have been a few of these reported of late. Maybe cost-related, maybe outcome-related, maybe competence-related, maybe a complete fallout, who knows, but your case continues direct with VCS, so carry on as if nothing has happened. 

    I think you've now got sufficient posts under your belt to be able to post live links, so probably no further need to replace http with hxxp. Try it. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • san2020
    san2020 Posts: 81 Forumite
    10 Posts First Anniversary Name Dropper
    Notice of Transfer of Proceedings received: Details of judge's directions will be sent to you in a notice of allocation. Dated 29 April 21. No further comms received. 
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