VCS Parking Ticket at East Midlands Airport (Notice to Driver)

KeithP

ezzaf3 said:

I have received a N1SDT Claim Form dated 26th July 2022 from Money Claims Online (MCOL) from Northampton...

I have already submitted an acknowledgement of service (AOS) online on MCOL on 31st July which was acknowledged on 1st August.

With a Claim Issue Date of 26th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th August 2022 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

ezzaf3

Coupon-mad said:

Looks fine (we assume this claim was addressed to you as the Defendant and not the keeper, your brother in law?).

You could add to 3 that the Defendant has checked the Airoort byelaws which permit brief stopping in an emergency.

yes that's right. I am the defendant. My brother in law was issued with notice to keeper (NTK). He then informed VCS of the driver who was myself so I was then subsequently issued with a notice to driver by VCS.

I will add/change point 3 regarding byelaws and will post it shortly for feedback.

Many Thanks

ezzaf3

KeithP said:

ezzaf3 said:

I have received a N1SDT Claim Form dated 26th July 2022 from Money Claims Online (MCOL) from Northampton...

I have already submitted an acknowledgement of service (AOS) online on MCOL on 31st July which was acknowledged on 1st August.

With a Claim Issue Date of 26th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th August 2022 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Thanks for mentioning the exact date before which I should file my defence, I am working to improve it after the feedback that I get from this forum.

I am aware that I should send my defence by email and not via the MCOL online. I have read the NEWBIES thread that you have referred to.

ezzaf3

2. It is admitted that the Defendant was the driver however is not the registered keeper of the vehicle in question.

3. The defendant, who was the driver of the vehicle in question was visiting East Midlands Airport on 24/12/2021 with family for a COVID-19 test. However, after the defendant left the car park, the defendant had to make an emergency stop. However, within seconds, a CCTV van appeared out of nowhere and took images of the car in question. The defendant has checked the airport byelaws which permit brief stopping on double red lines in case of an emergency.

Given my case above, are those two points okay or should I make any further changes? I have added about byelaws in point 3 (Thanks @Coupon-mad). I guess I don't need to disclose the reason for an emergency stop which I should leave for the witness statement. Please advise.

Coupon-mad

Yes that's fine but I'd remove the second 'However' which would read better.

Fruitcake

What was the reason for making the emergency stop? It will have to be explained at some point, so it might be just as well to give the reason at this stage.

There was a case recently where a motorists stopped for a few seconds in a no stopping zone because (I think) they had a sneezing fit and couldn't see properly to safely drive for a very short period.
The judge decided this was a perfectly acceptable reason to stop.

Where you mention airport byelaws, it might be useful to state which part/paragraph allows stopping in a no stopping zone due to an emergency.

ezzaf3

Coupon-mad said:

Yes that's fine but I'd remove the second 'However' which would read better.

2. It is admitted that the Defendant was the driver and not the registered keeper of the vehicle in question.

Fruitcake said:

What was the reason for making the emergency stop? It will have to be explained at some point, so it might be just as well to give the reason at this stage.

There was a case recently where a motorists stopped for a few seconds in a no stopping zone because (I think) they had a sneezing fit and couldn't see properly to safely drive for a very short period.
The judge decided this was a perfectly acceptable reason to stop.

Where you mention airport byelaws, it might be useful to state which part/paragraph allows stopping in a no stopping zone due to an emergency.

3. The defendant, who was the driver of the vehicle in question was visiting East Midlands Airport on 24/12/2021 with family including a 5-month-old baby for COVID-19 tests. However, after the defendant left the car park, the defendant had to make an emergency stop since the baby was distressed and had started crying in the car during the absence of their mother who took longer than everyone else having the tests done that day. Therefore, the defendant stopped on double red lines briefly to check if the baby’s mother (who also happens to be defendant’s sister) was making their way out of the test centre. However, within seconds, a CCTV van appeared out of nowhere and took images of the car in question. The defendant has checked the airport byelaws which permit brief stopping in an emergency. For reference, please see point 4 (4) on page 5 of the East Midlands Airport Byelaws 2001 booklet.

I have made changes given the feedback. Are these points okay now?

Thanks @coupon@Coupon-mad and @Fruitcake for feedback! Your help is really appreciated!!!

Coupon-mad

No, the second however in para 3 is what I meant!

ezzaf3

Coupon-mad said:

No, the second however in para 3 is what I meant!

okay, I have changed it now. 

2. It is admitted that the Defendant was the driver however is not the registered keeper of the vehicle in question.

3. The defendant, who was the driver of the vehicle in question was visiting East Midlands Airport on 24/12/2021 with family including a 5-month-old baby for COVID-19 tests. However, after the defendant left the car park, the defendant had to make an emergency stop since the baby was distressed and had started crying in the car during the absence of their mother who took longer than everyone else having the tests done that day. Therefore, the defendant stopped on double red lines briefly to check if the baby’s mother (who also happens to be defendant’s sister) was making their way out of the test centre. Within seconds, a CCTV van appeared out of nowhere and took images of the car in question. The defendant has checked the airport byelaws which permit brief stopping in an emergency. For reference, please see point 4 (4) on page 5 of the East Midlands Airport Byelaws 2001 booklet.

Coupon-mad

Much better - but I don't like your reason for stopping. Not OK.

Change:

Therefore, the defendant stopped on double red lines briefly to check if the baby’s mother (who also happens to be defendant’s sister) was making their way out of the test centre.

To

Therefore, the defendant stopped very briefly, out of concern for the welfare of the baby, who was crying and wriggling. The Defendant - who is the child's uncle (aunt?!) and was unfamiliar with this car seat - needed to check they were safely strapped in. No signs were seen nor alleged contractual terms accepted because the car had not driven any distance nor passed a repeater sign.