Bristol Airport VCS - Stopping to Drop Off Charge Notice - Pedestrian Crossing

Jenni_D

(Unless this is a post-set-aside situation) your local court won't do anything with it as they've not yet had the case allocated to them.  

Im_tired_of_this

Hi @Jenni_D thank you.
The Notice of Proposed Allocation told me to file my paperwork with the court office - and the address here was my local county court - not the CCBC. So I've sent it to both to be on the safe side.

Coupon-mad

Im_tired_of_this said:

Hi @Jenni_D thank you.
The Notice of Proposed Allocation told me to file my paperwork with the court office - and the address here was my local county court - not the CCBC. So I've sent it to both to be on the safe side.

If you are talking about the DQ N180 form, that happens if you did a counterclaim, did you?

Im_tired_of_this

Hi @Coupon-mad
Yes, I did do a counterclaim to which you commented that I didn't have one and had answered it wrong:
https://forums.moneysavingexpert.com/discussion/comment/79577818/#Comment_79577818
You suggested to let it lie, which I did, so it hasn't featured in this thread since, until now. 

It was a bit impulsive of me at the time, completing the form at the last minute, so I'm not too surprised I got it wrong. But now it has rerisen as a topic, do you have a moment to explain why?

Im_tired_of_this

I've been rereading this thread in which @Coupon-mad
comments on counterclaims, so I will probably have answered my own question by the time you read this  
https://forums.moneysavingexpert.com/discussion/6294890/bristol-airport-no-stopping-vcs-court-claim/p1

Coupon-mad

Yes, it will be dismissed. No cause of action.

But if it survives long enough in the system, certainly try to breathe life into it at WS stage where you will need a section in support of your counterclaim.

Im_tired_of_this

Will do. Thank you.

Im_tired_of_this

Good afternoon MSE! I hope everyone had a peaceful Christmas and that the New Year is something to look forward to. 

Over the Christmas break (dated 20th December) I received a Notice of Allocation to the Small Claims Track (Hearing). 

The deadline for submission of 'all documents they intend to rely on at the final hearing' is 4:00pm on the 24th January 2023. The hearing itself is an 'attended hearing' on the 22nd February 2023 at 11:30am, at my local County Court (45 minutes drive away from where I live) in the South West. 

I'll make a start on my witness statement this week, but, in the meantime, this link is a Google Doc (with comments enabled) that holds the condensed form of defence I submitted on the Money Claims Online Form (see previous messages) and the rest of the long form that was composed but wouldn't fit on the online form (see page 4 onwards). I'm not expecting anyone to wade through this document at this point, as I need to refresh my memory and do some more research here into the preparation of my Witness Statement. But if there are any obvious next steps that I need to consider, then naturally I will be grateful for the pointers. 

The one thing that didn't get much development in my original defence was my counterclaim. While I recognise it's a long shot, @Coupon-mad made the suggestion above that I should try to breathe live into it at this stage. From my untrained viewpoint, the points in this Parking Cowboys story and successful case seem relevant, where "The counterclaim was based on the paperwork not being compliant with POFA and there being no possibility of a legal parking charge and therefore there was no "reasonable grounds" to pursue the keeper or driver, such pursuit being a breach of section 13(2) of the Data Protection Act 1998."  
Any thoughts gratefully received.

More soon. 
 

Coupon-mad

Depends if you were driving.  As explained repeatedly today, to this person:
https://forums.moneysavingexpert.com/discussion/comment/79758135/#Comment_79758135

They are pursuing you as keeper or driver. 

"there being no possibility of a legal parking charge" is true ONLY where the keeper wasn't driving.

B789

3. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

6. The land entered is not ‘relevant’ land as defined in the Protection of Freedoms Act 2012 (POFA). As the land is not ‘relevant’ land the Claimant does not have the right to recover any unpaid parking charges from the Keeper of the vehicle.

Make your mind up about how you are appealing this. In para 6 you seem to be claiming that there is no case to answer as it is not relevant land and you can't be sued as the keeper. However, you have already admitted to being the driver in para 3, in which case para 6 is irrelevant.