JLA 'stopping' charge

Anchovie

D-P-Dance

Yes, we have written to Justin Madders (our MP, not the MP for the area that JLA is in). 

KeithP

Anchovie said:

KeithP said:

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

Has the Defendant filed an Acknowledgment of Service?
If so, upon what date did that happen?
The MCOL Claim History will have the definitive answer to that.

Issue Date   3 November 2021
Received today so not filed a Acknowledgement of Service

With a Claim Issue Date of 3rd November, you have until Monday 22nd November to file an Acknowledgment of Service. Do not file an AoS before 6th November, but otherwise 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 Monday 6th December 2021 to file your Defence.

That's over four 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

Coupon-mad

She is not going to be filling in any form to 'disagree' with the claim, nor using MCOL except to acknowledge the claim online as per the NEWBIES thread images.

The defence is them emailed in time.  Then the other stages follow, same as every claim thread (read a dozen VCS AIRPORT CLAIM threads  over the weekend, you will learn exactly what to do re these cases). 

That Announcement thread 2nd post, plus the Template Defence thread explain everything @KeithP has told you above, so no rushing the AOS before day 5 is past.

And do make neither of you stop on double red lines, in future.  I am guessing she was on double reds.

She needs to get a SAR first as per the NEWBIES thread and then do the AOS next week, then third, the defence in time.

Anchovie

Ok thanks, 

SAR sent. AOS next week. 

I know we aren't at that stage yet but are the references to the Beavis case relevant to her defence as this was a stopping claim (not parking)

Jenni_D

If the PPC tries to use Beavis then you can easily show that this case is clearly distinguished from Beavis.  

Anchovie

AOS sent yesterday. Had generic reply from VCS stating that it could take 28 days to send the information requested which could take me beyond the date for filing defence. 

Revisited JLA last Friday in similar light conditions to the PCN, thinking that defence could be based on my wife's inability to enter into a contract without having time to consider the T's and C's. Is there anyway of establishing weather the below have been changed since 21 May 2018 as I can find images from 2015 on Parkingprankster of a sign with many more words on it (sorry, cannot add the link). 

If they changed the signs to below after 21 May 2018, I feel this is an admission that the previous signs were too complicated for a driver to consider without stopping

D_P_Dance

ANPR cameras have their faults, read this

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Coupon-mad

I think the signs at JLA were changed in the past two years as I recall pepipoo threads talking about this Airport, I think. Google will find pepipoo forum threads about the place and signs.

Anchovie

Thanks Coupon-Mad, 

The signs above were installed late 2016, so are the same as when my wife's 'offence' occurred. Can defence still be based on: 

1 Signs should be illuminated and should indicate area where stopping is prohibited. 
2 Cannot enter into a contract as too many words to make a informed decision when approached at 30mph? (Dept of Transport recommends no more than 6 words on a sign). 

Coupon-mad

And is there clear evidence from the photos that you hopefully have got from a SAR, that she stopped on a double red line? 

Is there evidence that she was even in the roadways that are considered tom the enforcement zone?  @Fruitcake has a case in Bristol Airport where the camera car was reportedly taking images of cars outside the enforcement roadways, on slip roads, at barriers, etc.