County Court Claim Liverpool John Lennon Aiprort

peadar

Were you using the entrance to turn around? If so, you would have had to wait for an opening in the traffic.

Signs that are mainly text-based are hard to read when driving at 30mph, and when navigating and maneouvering. 

JohnnyLenny

peadar said:

Were you using the entrance to turn around? If so, you would have had to wait for an opening in the traffic.

Signs that are mainly text-based are hard to read when driving at 30mph, and when navigating and maneouvering. 

Yes I was using the entrance to turn around. There was no traffic unfortunately. But this is where I stopped for 10 seconds or so.

JohnnyLenny

Umkomaas said:

You could put your PCN number and your vehicle's registration number.  Ensure you enclose copies of your V5C (logbook) and a couple of redacted utility bills too. 

Will do this today. Thanks

JohnnyLenny

I'm going to get this defence posted today. It appears people are being told to post their defence with similar information to what I've put, in my own words. If anyone thinks anything needs adding or removing I would appreciate the input.

3.  The Defendant had only recently started using the vehicle in question for private hire taxi services. The Defendant had become a taxi driver on a short term basis to cover for losses due the closure of the Defendants full time business. The Defendants full-time business was temporarily closed down as a result of the pandemic laws and guidelines. The defendant had previously dropped off two customers at the airport express drop-off and the £3 drop off fee was automatically covered by the Defendants private hire company (Uber).

4.    In response to the claim, the Defendant had picked up a new customer from a location in Woolton Liverpool and the drop-off location was Liverpool John Lennon Airport. On route to the airport along Speke Hall Avenue, the Defendant was driving up to the speed limit of 40mph whilst looking after the welfare of the customer, who had become increasingly anxious about her flight and was stating that she felt sick and wanted to get out of the vehicle and have a cigarette before entering the airport. The customer asked the Defendant to pull over and let her out as she was not ready to enter the car park and felt she might vomit. The Defendant pulled over into a side road away from the main road and let the customer out. With Uber there is no exchange of cash so the time taken for the customer to leave the car and for the defendant to move off would have been around 10 seconds. The Defendant did not see any road signs stating that you cannot stop and did not agree to any terms and conditions. The defendant had no reason to avoid entering the car park as the car park fee is automatically covered by Uber.

5.   The defendant received a picture of the signs in question from the Claimant and it is clear that there are a number of issues with said signs; the font size is too small and the words too many to be safely read while driving or manoeuvring. These signs could only be read while stopped and the normal time allowed in these situations is 5-10 minutes to allow for a genuine meeting of minds and for the driver to understand and comprehend any potential contract. There can therefore be no contract entered into by consideration.

Umkomaas

I'd leave out the bit about the ciggie!  Mentioning her anxiety is enough. 

JohnnyLenny

Will do. They were her actual words   

Redx

JohnnyLenny said:

Will do. They were her actual words   

Then save the back stories for the witness statement in several months time , sometimes less is more 😁

JohnnyLenny

UPDATE.

I sent my SAR request to VCS and the email to their solicitor ELMS Legal on 28/01/2022. I received this response from ELMS Legal on 31/01/2022: 

Good afternoon
I can confirm this is the address we have on file and that we have now held the case until 02 March 2022.
Please be advised as this matter has been issued on, you are recommended to fill out the admissions form or defence form so that this does not continue without your input. We are only able to hold it on our system and not hold the entire court process.
Thanks in advance.
Kind Regards
Phoebe Robbins
ELMS Legal Limited

I haven't received anything back from VCS regarding the SAR request but I understand they have 30 days. 

I then filed my Defence to CCBC on 01/02/2022. I immediately received an automated email from CCBC as a receipt. 

I then received a letter via post from CCBC - Notice of Proposed Allocation to the Small Claims Track. The letter states: 

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

This is now a defended claim.

It appears this case is suitable for allocation to small claims track. if you believe this track is not appropriate for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

You must by 18 February 2022 complete the Form N180 and file it with the court office and serve copies on all other parties (not sure what this last bit means). (They give an address here, so i'm assuming I have to send the completed form by post?).

This letter also has settlement/mediation forms attached.

Lastly... I have just received a letter yesterday 15/02/2022 from VCS stating:

Please find attached confirmation that Elms Legal are no longer acting on our behalf, any further correspondence would need to be sent to Vehicle Control Services Limited, central Payment Office. P.O Box 4777, Sheffield, S9 9DJ.

We have now received notification from CCBC that this is now a defended claim. As such we will wait for confirmation  that this matter has been transferred to the appropriate court for case management directions to be set by the district judge.

Pursuant to the civil procedure rules, insofar as litigants are expected to try to resolve their dispute, we are willing to accept a reduced settlement charge of £185 payable in 14 days from the date of this letter. This offer is made on a 'without prejudice' (save as to costs) basis.

Should you fail to accept then we will continue with our Claim for the full amount and bring this letter to the courts attention upon question of costs.

Any advice on all of this? 

I will get my N180 completed and sent today. Is it right that I should send via post? My post may not reach the court or be opened by them before friday 18th February so do I email them with proof of postage?

Thanks again,

KeithP

JohnnyLenny said:

I will get my N180 completed and sent today. Is it right that I should send via post? My post may not reach the court or be opened by them before friday 18th February so do I email them with proof of postage?

Go back to that list you were following when you filed your Defence.

Items 7, 8, 9 and 10 on that list are now worthy of your attention.

Here they are again...

Le_Kirk

I can confirm this is the address we have on file and that we have now held the case until 02 March 2022.
Please be advised as this matter has been issued on, you are recommended to fill out the admissions form or defence form so that this does not continue without your input. We are only able to hold it on our system and not hold the entire court process.

Thank goodness you received the "we are no longer acting............" from Elms because I have no idea what they are trying to say in their missive above!