Court Claim from VCS (X2)

White_Taxi_Ford

Coupon-mad said:

The Operator has NOT sent a Parking Charge Notice or Notice to Hirer addressed to the Defendant and therefore did not provide the Defendant with copies of any of these documents, (a), (b) or (c).

So they only sent a PCN to the lease firm and your company appealed to that letter? That's good and you are right, your company can't be held liable under the only 'keeper liability' provision in law, due to failure to comply with 13/14 of the POFA.

However, VCS might cite the company's potential liability for the actions of your driver IF they were acting 'on your company's behalf' by being at the Airport.  See CPS v AJH firms which covers this.

So, if you can truthfully state that the law of agency doesn't apply either because the driver was not acting on the Defendant's behalf and was just making personal family trips, your defence will be more watertight.

That's correct, No PCN has been received addressed to the Ltd Company.
I was worried about "Law of agency" as the driver was on company business at the time. 
They have NOT cited anything about it in their "Particulars of Claim".
Surely the company is not responsible for any parking/speeding tickets. 

Coupon-mad

I was worried about "Law of agency" 

Stay quiet about that then as they have not pleaded it and can't introduce new legal pleadings.

Surely the company is not responsible for any parking/speeding tickets. 

Yes, the lease company are, in law.  They'd get a NiP from the Police or NTO from a Local Authority and would no doubt pay and then charge your company.

White_Taxi_Ford

Understood, thank you.

White_Taxi_Ford

Defence has been emailed and had the automated response back.
Will let you know the outcome.....

Umkomaas

White_Taxi_Ford said:

Defence has been emailed and had the automated response back.
Will let you know the outcome.....

There's more to do than the defence - just so you know. But you will receive court instructions in due course, could be a month or two.

White_Taxi_Ford

I have just logged onto MCOL to see if they had received my Defence. 
They had received it on the day it was sent. It also says they have sent DQ on the same day (5/10/21).
 I haven't received anything by email, I assume they have posted it.  Would that be correct?

Le_Kirk

White_Taxi_Ford said:

I have just logged onto MCOL to see if they had received my Defence. 
They had received it on the day it was sent. It also says they have sent DQ on the same day (5/10/21).
 I haven't received anything by email, I assume they have posted it.  Would that be correct?

That is weird!  They normally have to send a copy of the defence to the claimant to see if they want to proceed before sending a DQ but, yes, I think it is by post.

KeithP

White_Taxi_Ford said:

I have just logged onto MCOL to see if they had received my Defence. 
They had received it on the day it was sent. It also says they have sent DQ on the same day (5/10/21).
 I haven't received anything by email, I assume they have posted it.  Would that be correct?

Does it perhaps say they have sent a DQ to the Claimant?

White_Taxi_Ford

That would make more sense, but no it says:

Your acknowledgment of service was received on 21/09/2021 at 16:05:21

Your defence was received on 05/10/2021

DQ sent to you on 05/10/2021

How long should I leave it before downloading a DQ if I don't receive one?  What would the usual deadline be to complete a DQ?

Umkomaas

How long should I leave it before downloading a DQ if I don't receive one?  What would the usual deadline be to complete a DQ?

Nothing to stop you doing so now.