Defence for PCN court claim

D_P_Dance

 You can then state you put the claimant to strict proof of their assumption that the keeper was the driver. 


They would struggle, read these.


http://parking-prankster.blogspot.com/2017/01/skipton-judge-rubbishes-elliot-v-loake.html

https://prankster58.rssing.com/chan-14693065/all_p45.html

http://parking-prankster.blogspot.com/2017/06/excel-lose-in-cardiff-judge-explains.html

comeupance

Hi all, thanks for your help.

The email is headed Excel Paking Services, when you open the emails, I had 3, it has the VCS logo and the VCS ref number.

SayNoToPCN

Youy could make it clear that an unrelated company, Excel, was answedring appeals. 
Make it clear that theyre muddying the waters a bit!

comeupance

Hi all,

I have now had a second go at my defence, This will be added to the template fo defence from coupon mad, I may have strayed into the witness statement area at times, so I would be very grateful for your comments and help.

The Facts as Known to the Defendant.

2 It is admitted that the defendant was the registered keeper of the vehicle on the day in question but not the driver, and denies liability There are 3 named drivers on the insurance policy and anyone with the correct insurance can drive the vehicle.

The claimant is put to strict proof on the assumption that the defendant was the driver.

The keeper cannot be held liable because, the claimant never used the POFA 2012 schedule 4 in the NTK, and it is not relevant land under the POFA 2012 schedule 4 Para 3,1c.

The claimants contract with the landowner Southend Airport Company Ltd is called into question.

In the contract the claiments company number is down as 02881745 which is Southend Airport Company number, Southend Airport Company number is down as 02078271 which is East Midlands Airport Company number and the claiments company number 02498820 is not in the contract at all.

The claimant is put to strict proof that they have a valid contract to manage this site

3 The first time the defendant heard of the alleged contravention, was by post about a week after, it was a Parking Charge Notice, Notice To Keeper for £100. Contravention reason STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED at Southend Airport Essex.

The defendant appealed on the claiments alloted website, stating the alleged contravention was for an emergency, the appeal was rejected by Excel Parking Services, this company has no contract with with the landowner or have their name or company number on the signs at Southend Airport, the defendant believes Excel Parking Services to had no right to handle or reject the appeal.

One of the reasons for rejecting the appeal was, Signs on the site clearly display a helpline telephone number which is available for use by motorist who have any problems or queries in respect of the use of the site. In this case the driver should have called the helpline so that arrangements can be made or advice given in respect of any trouble they had.

Even if the defendant had seen the helpline number and it's not admitted they did, the helpline relies heavily on the fact that the occupants of the vehicle had mobile phones with them, on this occasion no one in the vehicle had a mobile phone.

After the appeal the defendant was harrassed by a barrage of debt recovery letters, which the defendant believes did not meet the Practice Direction on Pre Action Protocol, particularly Para 3a. Understand each others position.

4 Southend Airport is covered by the London Southend Airport Byelaws 1997 and the Road Traffics Act 1988/1991

Southend Airport Byelaw 5/3 states, 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 where the period of waiting is restricted by notice.

Southend Airport Byelaw 5/1 states, no person should drive a vehicle, without due care and attention, or without reasonable consideration for other persons using that part of the airport.

Road Traffics Acts 1991 part 1 number 2 states, if a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reansonble consideration for other persons, they are guilty of an offence.

The alleged contravention which is timed for 20 seconds by the claiment, took place in a lay by off of the access road, so as to not block the road or cause an accident

Coupon-mad

The keeper cannot be held liable because the claimant is unable to rely upon never used the POFA 2012 schedule 4 in the NTK, and it is not relevant land under the POFA 2012 schedule 4 Para 3,1c.

The word 'never' jarred a bit and you don't need a comma after 'because' (above).


This should have its own paragraph because it's a separate point and important that the Judge reads it:

The claimants Claimant's contract with the landowner Southend Airport Company Ltd is called into question.  In the contract the claiments Claimant's company number is down as 02881745 which is Southend Airport Company number, Southend Airport Company number is down as 02078271 which is East Midlands Airport Company number and the claiments Claimant's company number 02498820 is not in the contract at all.  The claimant is put to strict proof that they have a valid contract to manage this site and also that the enforcement boundary includes the place where the vehicle images were captured. 

comeupance

Thank you very much  Coupon_mad, I will make those changes and and email my defence by email to the court on Monday.

Le_Kirk

Every paragraph requires a number.  Claiming harassment of a barrage of debt collector letters is not a defence point per se.  You do seem to stray into witness statement territory and are telling a story about signs and what the driver should have done; it needs to be clarified why you know about the signs and what they say.  Were you a passenger or have you spoken to the driver since the day of the incident?  It needs to be made clear to the judge.

Umkomaas

comeupance said:

Thank you Le_Kirk, I will post my next attempt soon, before I do there is an interesting discussion going on in another thread on Southend Airport from IamWOOD. I t seems that the company numbers have been entered wrongly on the operators contract with the landowner. VCS has 02881745 which is Southend Airports number and Southend Airport has 02078271 which is East Midlands Airport number. VCS number is 02498820 and that is not in the contract. The question is, shall I use this in my defence, or is covered by the template defence para 16 on the newbies page.

Have you been furnished this contract, pertinent to your own case, or assuming it will be the same when you do eventually have sight of it?  

The claimants contract with the landowner Southend Airport Company Ltd is called into question.

In the contract the claiments company number 

If it's the latter, you will need to place an 'it is believed ..... ' into the sentence. 

Please note there needs to be an apostrophe in 'claimant's' and your second 'claiments' is incorrectly spelled. 

Redx

comeupance said:

Thank you very much  Coupon_mad, I will make those changes and and email my defence by email to the court on Monday.

There is no allocated Court , yet !!

You will be emailing the defence as a signed and dated pdf attachment to a civil service office using the ccbcaq email address to file it , not posting it and not using the MCOL website either , just one emailed attachment to a government office manned by civil servants

You can nominate your own local court at the next stage , the DQ stage , in a few weeks time

You will be emailing your local court after that , in a few months time , when an actual court is involved

comeupance

Hi All, Thanks for your comments.

 

I understand it is not classed as harassment, I was just trying to get the point across that the Claiment did not meet the requirements of Pre Action Protocol. Do you think I should take it out?

I was going to make it clear that I was a passenger in my witness statement and how I knew what the signs stated, of course if that is needed in the defence then I will put it in the defence.

I have a copy of the contract, which I received from Elms Legal, and those numbers are in there has I stated.

Sorry slip of the tongue, I did'nt mean court, I will file the email to address you mention.