Defence for PCN court claim

Redx

In 2 , put Registered keeper and passenger etc, adding 2 words

Try to keep it concise and add the changes above , then post the latest version

Sending debt collector letters is not harassment , pre action protocols are not the same either

Your case will win or lose on the facts , not your opinions

Too much info can detract from the facts , trees become woods

comeupance

   Hi All, Thanks for all your help and support.

  

If you do not mention something in your defence, can you mention it later on in your witness statement?

I have now made another attempt at my defence and any help and comments will be appreciated.

   2.    It is addmited that the defendant was the Registered Keeper and Passenger 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 any one with the correct insurance can drive the vehicle. The Claiment is put to strict proof on the assumption that the defendant was the driver.

The keeper cannot be held liable because the Claimant did not rely on the POFA schedule 4 in the NTK and it is not relevant land under the POFA schedule 4 Para 3.c.

  3     The Claiments 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 Ltd number, the company number of Southend Airport 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 Claiment is put to strict proof that they have a valid contract to manage the site and also that the enforcement boundary includes the place where the vehicle images were captured.

  4     The defendant first heard of the alleged contravention, by post about a week later.

It was a Parking Charge Notice, Notice To Keeper for £100, for STOPPING IN A ZONE WHERE STOPPING IS PROHIBBITED. At Southend Airport Essex. The defendant appealed on the Claiments allotted website, The appeal was rejected.

The appeal was rejected by Excel Parking Services, this companys name or number are not in the contract with the landowner or on the signs at the site, The defendant know's this from pictures that have been taken since the Alleged Contravention.

A reason given for rejecting the appeal was, the motorist should have phoned the helpline to seek help.

Having looked at pictures of the signs there is not one sign on it's own with just the helpline number, on all other signs with the helpline, the number is at the very bottom, the defendant believes that at 20 MPH the helpline could not be read. The Claimant does not supply a telephone point,so it relies heavily on the fact that occupants in the vehicle have a mobile phone.

On this occasion they did not.

  5     Southend Airport is covered by The London Southend Airport Byelaws 1997.

Byelaw 5.1 states, No person should drive a vehicle, without due care and attention, or without reasonable consideration for other persons on that part of the 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.

The alleged contravention which is timed at 20 seconds by the claiment, took place in a lay by off of the access road, and every effort was made not to block the road or cause an accident.

The defendant has taken pictures of the signs on the site, and upon entering this land there is a sign that states the London Southend Airport Byelaws 1997, this clearly shows that anyone entering this land is doing so under the Airport Byelaws.

Redx

No you cannot add extras into a witness statement , so always open the door in the DEFENCE , but be concise , no rambling

However , if the claimant opens the door , you can go through it , be it in their documents , or their witness statement , or their exhibits , plus you can go through any door that you have opened. You are not allowed to ambush them !

I noticed numerous spelling mistakes in the above draft , so use a spell check on your documents

Le_Kirk

If that is your defence it is too long and is straying into witness statement territory.  Keep it tight, just legal/technical arguments and (as has just been posted) open the door for your WS and evidence.  ALL paragraphs require a number.  You cannot "call things into question" in a defence, rather you "put the claimant to strict proof"

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

Maybe: -

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

The Claiments contract

Corrected for you: -

The Claimant's contract

Check all through the document for spelling and grammatical errros.

Umkomaas

I told you how to spell claimant two days ago, yet you still seem to think that claiment is correct. I don't think you're going to impress any Judge with that. Please sort it.  

comeupance

Hi All, I have tried to be as concise as possible.If I make any spelling mistakes I can assure you they will be spotted by my secretary[The Misses] and will be put right before my defence is sent. I have had another go at my defence and as time is running short, I think it will have to be my last. Any comments on what to take out or put in will be appreciated. These of course will be added to the template defence.

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 liabilty. There are 3 named drivers on the insurance policy and anyone with the correct insurance policy can drive the vehicle. The Claimant is put to strict proof that the defendant was the driver.

A.  The keeper cannot be held liable because the Claimant is unable to rely upon the POFA 2012 schedule 4 in the NTK and it is not relevant land under the POFA 2012 schedule 4 Para 3,1c.

3.  The Claimants contract with the landowner appears to be a false instrument.

In the contract the Claimants company number is down as 02881745 which is the company number of the landowner London Southend Airport Company Ltd. The landowner London Southend Airport Company Ltd company number is down as 02078271 which is East Midland International Airport Ltd and the Claimant Vehicle Control Services 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 the site and also that the enforcement boundary includes the place where the vehicle images were captured.

4  The first time the defendant heard of the alleged cotravention was by post.

It was a Parking Charge Notice, Notice To Keeper for £100. It stated contravention reason STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED. Site Southend Airport Essex.

A. The defendant appealed on the claimants website stating that the alleged contravention was for an Emergency. The appeal was rejected. The appeal was rejected by Excel Parking Services, this company has no contract with the landowner and it is put to strict proof that this company had the right to deal with the defendants appeal.

5.  Southend Airport is covered by the London Southend Airport Byelaws 1997, having studied photos taken after the alleged contravention, on a prominent sign near to the entrance to the access road it states the London Southend Airport Byelaws 1997. If a motorist enters this site they are entering under the Byelaws, which allow for stopping in an emergency. The Claimant is put to strict proof that this site is not covered by the London Southend Airport Byelaws 1997.

 

KeithP

comeupance said:

I have had another go at my defence and as time is running short, I think it will have to be my last.

 

You have nearly two whole weeks left.
I wrote earlier...

...you have until 4pm on Tuesday 4th May 2021 to file your Defence.

You only have one chance at filing a Defence. Take all the time you need and get it right.
No rushing.

Le_Kirk

Every paragraph requires a number and it is best to use simple numbering; 1,2, 3 etc rather than 1,2 A etc as this could lead to confusion when trying to point the judge at a particular paragraph at the hearing.  You could combine 2 and A into one paragraph.  Your points in A after 4 seems to be repeating points made in the unreferenced paragraph after 3.

comeupance

Thanks KeithP, what is the latest date you think it should be emailed by?

Le_Kirk, I think the problem is that I haven't made it clear that Vehicle Control Services are the Claiment, I will put that right.

KeithP

comeupance said:

Thanks KeithP, what is the latest date you think it should be emailed by?

Emails arrive almost as soon as they are sent.

To avoid last minute difficulties, I would aim to send the email at, say, midday on 4th May.