Bristol Airport, No Stopping, VCS Court Claim

rapidon

Hi MSE!

Over 1.5 years ago a driver stopped near Bristol airport in a car which wasn't theirs. An NtK was issued to the keeper and a letter of appeal was sent back in return, highlighting that the byelaws covering airport parking meant that it wasn't relevant land and so PoFA 2012 does not apply, therefore the keeper cannot be pursued. The driver was not indicated. This was rejected without mention of the defence. The keeper received further demands occasionally since, which were ignored. However, suddenly the keeper has received a court claim form.

I originally made a thread about it on Pepipoo, but I have decided to raise it on here now that there is a court claim because I believe MSE is more active these days. 

It's a bit scary - I've never done this before and they want £245!
£100 'Parking' charge
£60 Debt Collection fee
£35 Court Fee
£50 Legal Representative's costs

So the defence so far would be that the keeper is not liable as PoFA 2012 does not apply, because:

• The land is not 'relevant land' under PoFA because parking is covered by byelaws (https://www.bristolairport.co.uk/~/media/files/brs/about-us/bristol-airport-byelaws--11062018.ashx?la=en). Any claim should be directed soley to the driver in the magistrates court within 6 months.
• Signage was inadequate to establish a contract. How could a contract be accepted without having a chance to stop and read the signs?
• PoFA only applies to parking contracts, which is distinct from stopping.
• The NtK did not meet the requirements set out under PoFA, i.e. it stated that 28 days were given to for the keeper to respond from the date of issue, not receipt.

Is there anything else that may be pertinent?

PCN/NtK:
https://i.imgur.com/LaBpDQL.jpg
https://i.imgur.com/EallCsJ.jpg

Particulars of Claim
https://i.imgur.com/kaPGE50.jpg

Does anyone have ay advice on wording or just generally?

I still have all their correspondence so will be happy to provide any further information which may be helpful.

Many thanks!

D_P_Dance

Have you read the newbies?

Most of the claim is unlawful.  Read this and complain to your MP.  From what you have told us, a counter claim may be in order.  

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Coupon-mad

We have plenty of VCS airport defence threads that you could copy from, but you may have to Google to find them because this forum’s search facility is rubbish these days.

only look at ones no more than a year old.

KeithP

What is the Issue Date on your County Court Claim Form?

patient_dream

Fruitcakw, a member here is dealing with VCS / Bristol airport as well

He will be along soon

rapidon

Have just been reading about Counterclaims and was thinking of pursuing this.

https://forums.moneysavingexpert.com/discussion/5655023/cel-whacked-for-900-in-dpa-breach-counterclaim
http://parking-prankster.blogspot.com/2016/12/liverpool-business-park-motorist-wins.html

Claim form 'issue date' is 27/08.

Thanks!

KeithP

rapidon said:

Claim form 'issue date' is 27/08.

With a Claim Issue Date of 27th August, you have until Wednesday 15th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Wednesday 29th September 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Coupon-mad

Counterclaims are rarely well received by Judges and you’d have to argue it on points of law, pay the fee then probably see it dismissed.  

Very few succeed.

Umkomaas

An NtK was issued to the keeper and a letter of appeal was sent back in return, 

Just so we're clear. Are you the registered keeper and is the claim addressed to you please?

rapidon

My partner is the Keeper. All correspondence has been and will continue to be reviewed and approved by her. She understands the legal situation and that she will have to deal with the court case personally. She's just not forum savvy so I'm writing these posts on her behalf.

With regards to the counterclaim, we don't mind paying the £25 fee if it will discourage PPCs from wasting so much of our time on illegitimate claims. However, if it's just going to be a futile waste of time and money perhaps we won't bother, particularly if it could prejudice the main defence. Appreciate all opinions on this. 

Coupon-mad

Not sure any fees are £25 these days, it went up to £35 for claims up to £300 I think and £60 for claims £300-£500 I think but you can Google it.

it doesn’t put off a PPC to see a counterclaim and your partner would need legal reasoning to support a claim. 

What’s the reasoning? Harassment isn’t usually supported because the PPC will say they had reasonable cause and believed there was a debt to pursue.