VCS - EAST MIDLANDS

KeithP

Gkits said:
Yes Im posting the defence today so it will be filed on time. Im sending as recommended by registered post to northampton.

No, don't do that.

Please answer my earlier questions.

Gkits

KeithP said:

Gkits said:
Yes Im posting the defence today so it will be filed on time. Im sending as recommended by registered post to northampton.

No, don't do that.

Please answer my earlier questions.

I can only see you asked me what my timeframe was :

calimant issue date 25/4/23 I filed my AOS on 3/5/23 and my defence is due by the 25th May 2023 i beleive

KeithP

Gkits said:

KeithP said:

Gkits said:
Yes Im posting the defence today so it will be filed on time. Im sending as recommended by registered post to northampton.

No, don't do that.

Please answer my earlier questions.

I can only see you asked me what my timeframe was :

calimant issue date 25/4/23 I filed my AOS on 3/5/23 and my defence is due by the 25th May 2023 i beleive

You are mistaken with your Defence filing deadline. You have more time than you think.

With a Claim Issue Date of 25th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th May 2023 to file your Defence.

That's almost a week away. 

It is not a good idea to file a Defence via Royal Mail - definitely not using any signed for service.
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'.

Gkits

Is the defence OK- Can somebody help me?  I need to post tonight as Im going on holiday tomorrow

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. 

Gkits

KeithP said:

Gkits said:

KeithP said:

Gkits said:
Yes Im posting the defence today so it will be filed on time. Im sending as recommended by registered post to northampton.

No, don't do that.

Please answer my earlier questions.

I can only see you asked me what my timeframe was :

calimant issue date 25/4/23 I filed my AOS on 3/5/23 and my defence is due by the 25th May 2023 i beleive

You are mistaken with your Defence filing deadline. You have more time than you think.

With a Claim Issue Date of 25th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th May 2023 to file your Defence.

That's almost a week away. 

It is not a god idea to file a Defence via Royal Mail - definitely not using any signed for service.
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'.

Thank you but I am going on holiday tomorrow so need to send before I leave.... I have read the 2nd thread on filing your defence by post and it says "I recommend printing and posting (registered) to Northampton". Isnt registered post via the Royal Mail- I will send via email also

KeithP

Gkits said:

I need to post tonight as Im going on holiday tomorrow

Did you read my latest post?
It is definitely not a good idea to post anything to the County Court Business Centre.

Please file your Defence via email. It is the only way that you can be sure that it is received properly.

Gkits said:
I have read the 2nd thread on filing your defence by post and it says "I recommend printing and posting (registered) to Northampton".

I don't know where you read that.
I don't recognise it.

Coupon-mad

You are not posting anything. It's an email.

Not both.

The Template Defence thread explains.

I'd remove your para 6 as they CANNOT use the POFA on land which is a public airport roadway and is not 'relevant land'.

And do not use the acronym 'POFA' without first stating the Act and Schedule 4 in full.

Gkits

Coupon-mad said:

You are not posting anything. It's an email.

Not both.

OK I will email only - I thought it was best to email and post to ensure its received... 

Gkits

Can someone advise if the defence is OK???

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. 

Coupon-mad

See my edit added to my reply.