VCS - EAST MIDLANDS

Gkits

KeithP said:

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Yes filed that on the requested date

KeithP

Gkits said:

KeithP said:

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Yes filed that on the requested date

Wow! It was twelve days ago that I asked those questions.
I asked three questions. You answered none.
What is your Defence filing deadline?

Gkits

B789 said:

3. It is evidenced in the claimants footage that the defendant was not the driver at the time of the offence.

What "evidence" does the Claimant have that the defendant was not the driver? Evidence does not go with the defence. Have they provided access to the "footage" and does it clearly show a recognisable image of the "drivers" face? How does anyone, except the defendant, know that that image is not the defendant? Do you think that the PPC has access to some magic database with photos of every driver in the UK with their details? Did the van that was used to record this "footage" have anything written on it to say how any footage captured by it would be used?

You are bringing up PoFA, so why haven't you also used the bit about PoFA does not apply on land covered by byelaws? If PoFA does not apply, then everything about the dates and the time that it took to serve the PCN are irrelevant. You would only use that argument if the PCN was POFA compliant with its wording but fails by being served outside of the time limits.

Also, as noted above, write it in the third person and don't go into too much detail as you only need the hooks of the legal points which you will later use to hang your WS on. Your paras #5 and #6 read more like a WS.

The video screenshots shows a different driver to myself!!!  Are you saying I should just remove this statement even though it is factual?? Also I only have 120 lines on the online form to input my defence so do i select part from it- Im confused

Boat_to_Bolivia

Wait STOP. Do you mean you are filing your defence on the MCOL website.

If so, DON'T.

Perhaps if you had answered @KeithP's question concerning the Issue Date of the claim, you would know that already.

KeithP

Gkits said:
I only have 120 lines on the online form to input my defence so do i select part from it- Im confused

You are not restricted to 120 lines.
Why are you considering using the online form?

The opening post of the Template Defence thread offers guidance on how to file a Defence.

If you were to answer my earlier questions you will get some comprehensive guidance as a response.

Gkits

KeithP said:

Gkits said:

KeithP said:

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Yes filed that on the requested date

Wow! It was twelve days ago that I asked those questions.
What is your Defence filing deadline?

yes sorry not getting notifications - my file defence filing is 19th may but I have not received the datat request information so was waiting for that

KeithP

Gkits said:

KeithP said:

Gkits said:

KeithP said:

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Yes filed that on the requested date

Wow! It was twelve days ago that I asked those questions.
What is your Defence filing deadline?

yes sorry not getting notifications - my file defence filing is 19th may but I have not received the datat request information so was waiting for that

What is 'the datat request information'?

Whatever it is, it must not delay your Defence filing.

Gkits

I asked VCS to supply me with all of the footage and information they owned on me and my vehicle

Boat_to_Bolivia

.....and DO NOT file it on MCOL.

If you mean the SAR that is more useful at WS stage.

Do not miss the deadline for filing your Defence.

Gkits

Boat_to_Bolivia said:

.....and DO NOT file it on MCOL.

If you mean the SAR that is more useful at WS stage.

Do not miss the deadline for filing your Defence.

Yes Im posting the defence today so it will be filed on time. Im sending as recommended by registered post to northampton.  Just want to clarify the first part of my defence - the rest is unchanged. I have looked up East Midlands airport bylaws but not sure on this matter..  

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle (******) but was not the driver at the time of the date/claim.

3 Since PoFA cannot be used under byelaws, for contract-based parking tickets, only the driver could be held liable

4. The defendant has checked the airport byelaws which permit brief stopping on double red lines in case of an emergency.

5. The vehicle did not park, it merely stopped and turned around in a hotel entrance in an emergency, the vehicle was not stationary at any point. In Jopson Vs. Homeguard, case no: B9GF0A9E, which had seen this appeal allowed, his honour Judge Harris QC mentions that stopping briefly is not parking. "19. The purported prohibition was upon "parking", and it is possible to draw a real and sensible distinction between pausing for a few moments or minutes to enable passengers to alight or for awkward or heavy items to be unloaded, and parking in the sense of leaving a car for some significant duration of time"

6. If the claimant is relying on POFA law, then the registered keeper the defendant cannot be held responsible for this alleged fine as the claimant failed to follow POFA 2012 law.

7.  The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for using, in part, pre-written wording suggested by a reliable online help resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence.