VCS County Court Letter for Liverpool Airport parking fine from 2018!

antpro26

I've almost finished updating paragraphs 2 and 3 - am I able to post these on here for any feedback? 

Also, is there a specific time deadline to send this today as the claim issue date was 9th November?

Thank you again in advance. 

antpro26

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. I admit to being the driver of the car at the time in question, however completely deny that any breach of parking violations occurred. 

3.  My partner was simply returning a hire car to Enterprise Rent-a-Car in Liverpool Airport. Upon following him in his hire car, he entered through a barrier into the Enterprise car park which was clearly signposted for car returns only. Therefore, rather than proceeding through the barrier which I thought wouldn't be allowed as I was in my own car, I instead reversed back onto the road. I noticed there were double yellow lines on the road, and so again to avoid any wrong-doing, I pulled into an entrance for what I believe to be Wynne Aviation Services. There was a locked gate, however it was set back from the road and therefore not in violation of the double yellow lines. I did check to see if there was any signage to advise I couldn't wait there, which there wasn't. After a minute or so my partner had successfully returned the hire car and had crossed the road to get into my car, which is when we drove away. 

As far as I am concerned, there was absolutely no warning that what I was doing was against any parking violations. In fact, all of my decisions that day centred around not wanting to breach any parking restrictions which was the reason for not entering the Enterprise car park, as well as for pulling into the entrance to the business which was set back behind the double yellow lines. 

We weren't using the airport or taking a flight. I understand people may park up on the road to avoid parking fees, however we were simply returning a car, and there was absolutely nowhere else for me to wait whilst he handed this back. There were absolutely no signs where I was parked to advise I couldn't wait there whilst he returned the car, and I struggle to understand where else I could have waited to pick him up once he had returned the car. 

I hope this is along the right lines, but please let me know otherwise! 

Redx

KeithP gave you your deadline on 21st November !! You won't get a better answer , or a more accurate answer than what he said back then , 3 weeks ago

Condense paragraph 2 to Keeper and Driver , if she is admitting to being both entities

Ensure that your wife signs it and submits it by email , as a pdf , in her own name ( not yours ) , if she is the named defendant.  At the moment it doesn't make sense , if she is the defendant , it's from her perspective. At the moment it reads like you are justifying her actions , or she is justifying your actions , it should be concise and clear

The words , My , Me , Myself & I are never used in a defence

It's Claimant and Defendant only , no I , there are far too many uses of the word I.  This is not a witness statement ( WS )

Save the stories for the witness statement in several months time , keep it concise

antpro26

Thank you for your feedback. I'll amend now and send over to her to ensure she signs and will ensure it is sent before 4pm.

I have read that an esignature will suffice if she is unable to print. Is this still the case? 

Thanks, Anthony. 

Redx

antpro26 said:

Thank you for your feedback. I'll amend now and send over to her to ensure she signs and will ensure it is sent before 4pm.

I have read that an esignature will suffice if she is unable to print. Is this still the case? 

Thanks, Anthony. 

Yes , take a picture of her signature , black ink on white paper , attach as an esignature , get rid of the word I , condense it so it's all concise and makes sense to anyone reading it. Renumber the complete defence from 1 to say 22 

antpro26

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant admits to being the driver of the car at the time in question, however completely denies that any breach of parking violations occurred. 

3.  The defendant was visiting the Enterprise Rent-a-Car location at Liverpool Airport. Upon arriving at the location, the Enterprise car park was clearly signposted for car returns only. Therefore, rather than proceeding through the barrier which the defendant thought wouldn't be allowed as they were in their own car, the defendant instead reversed back onto the road. Upon noticing there were double yellow lines on the road, and again to avoid any wrong-doing, the defendant pulled into an entrance for Wynne Aviation Services. There was a locked gate, however it was set back from the road and therefore not in violation of the double yellow lines. The defendant did check to see if there was any signage to advise they couldn't wait there, which there wasn't. The passenger then left the car to ask the Enterprise office where they could park, and returned to the car minutes later to move the car to the correct car park as advised by the staff there. 

As far as the defendant is concerned, there was absolutely no warning that their actions above were in breach of any parking violations. In fact, all of their decisions that day centred around not wanting to breach any parking restrictions which was the reason for not entering the Enterprise car park, as well as for pulling into the entrance to the business which was set back behind the double yellow lines. 

There were no signs where the defendant had pulled up to advise they couldn't wait there whilst the passenger asked the staff at the Enterprise Rent-a-Car location where they could park. The defendant cannot understand where else they could have waited whilst the passenger requested assistance as it wasn't clear where they needed to go. 

I hope this is better? Please let me know if there needs to be any more amendments before my wife signs and sends this today. 

Thanks again in advance. 

Redx

As I mentioned earlier , 2 should say keeper and driver , no need for the second sentence

Otherwise it seems ok on a quick read , but wait for other comments , but ensure that it is emailed before 4pm and check for an email auto receipt back from the CCBC

Every paragraph should be numbered , , so 2 , 3 , 4 etc

Renumber the final defence before signing and submitting , because the old 4 will become 6 or 7 or 8 etc

Router66

Assuming you entered the road from the roundabout with Wynne Aviation on the left and Enterprise on the right, you would have noticed double RED lines not double yellow. (according to google maps)

antpro26

To be honest it was 3 years ago so I can just recall the lines on the road and thinking we wouldn't be able to park there. It's already printed and signed ready to go so do you think it is worth updating? 

Redx

antpro26 said:

To be honest it was 3 years ago so I can just recall the lines on the road and thinking we wouldn't be able to park there. It's already printed and signed ready to go so do you think it is worth updating? 

If GSV 3 years ago shows double red lines , no stopping , then I would alter the Defence accordingly , or mention double yellows or double reds , cover both options , regardless , putting the claimant to strict proof

Parking prankster's website had info on JLA several years ago , check it out