Vehicle Control Services (VCS) EMA, ELMS Legal - Court

philuk2000

Hi everyone,

Last week I received the court claim form with CVS as the Claimant (ELMS doing legal).

This was for a charge notice to the keeper for 46) STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED - "at the privately operated access roads as specified above'.  No road is mentioned, only the East Midlands airport address and postcode.  The change was £100, reduced to £70 if paid right away.

I'm the keeper but wasn't the driver.  They have told me that they turned at this garage shown in this video, it was on double red lines for literally seconds, opposite the garage at late at night.

There is a YT video youtube.com/_t_Hf6gX8xY?t=100 is where the driver turned into the garage (sorry, it won't let me post it)

I did the standard appeal appeal saying I won't be paying (basically on no contract grounds), which was rejected and then followed by some standard letters and a final demand of £170 and finally the same demand but this time from ELMS Legal.

Last week I received the claim form from the County Court Business Centre.

The claim states:

"The claim is for a breach of contract for breaching the terms and conditions set on private land.  The defendant's vehicle (REG), was identified in the East Midlands Airport on (DATE) in breach of the advertised terms and conditions; namely stopping in a zone where stopping is prohibited. At all material times the defendant was the registered keeper and/or driver.  The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest."

I submitted my defence last week through moneyclaim.gov.uk - I realise that was not likely the best thing to do now as I cannot make changes.  I won't say what I put fully as the defence here but it again goes into basically no contract and a few other things about the conditions at the time regarding driving in the dark, etc.

I've now received the N180 questionnaire and filled it out, stating no to mediation and no to "Suitability for determination without a hearing", ready to send it back to the court business centre and a copy to the claimant, as it was stated to do so.

As the keeper I was a bit startled to receive the charge notice but I didn't at any point give the drivers name to anyone.

Some questions I have:

This airport is covered by bylaws so do CVS have jurisdiction to demand a charge anyway?

Can CVS claim I was in breach of contract for being the registered keeper when there is no way I could have knowingly entered into any contractual agreement?

How can I defend this properly when it goes to court?

Thank you all in advance

Coupon-mad

VCS not CVS but we know these ex-clampers.

You can only defend on the points in your defence but there will be Witness Statement stage later, where you can elaborate and show photos & case law as evidence.

Excel v Smith (appeal) will be an Exhibit so please note that now.  That's because VCS cannot hold registered keepers liable on Airport land.

You'll also need to use this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

I submitted my defence last week through moneyclaim.gov.uk - I realise that was not likely the best thing to do now as I cannot make changes.  I won't say what I put fully as the defence here but it again goes into basically no contract and a few other things about the conditions at the time regarding driving in the dark, etc.

Please tell us that you at least stated in this defence that you were not driving?

Please copy & paste it from your MCOL history (don't be shy! We've seen short defences before and rescued cases at WS stage).

philuk2000

I have not stated that I was not driving.

philuk2000

This was my defense:

The assertion made regarding the alleged breach of contract lacks
veracity and validity, as I am not party to any contractual
agreement with the claimant.

In my capacity as the defendant, I explicitly did not consent to
any of the terms and conditions put forth by the claimant prior
to, during, or subsequent to my entrance onto the private property
mentioned in the claim. Furthermore, no contract, whether explicit
or implied, exists between myself and the claimant.

The claim presented by the opposing party is opportunistic,
unjust, lacks reasonable justification and is without reasonable
grounds.

The monetary sum sought by the claimant holds no merit in the
absence of a mutually agreed upon and signed contract between both
parties, which the claimant is unable to produce.

It is impractical, inequitable, and hazardous to expect a driver,
who is diligently focused on operating a vehicle, particularly
during nighttime conditions, to read, fully comprehend, accept,
and be bound by terms and conditions displayed on signage that may
not be visible or entirely known to them.

Consequently, considering the aforementioned factors, I kindly
request the court to unequivocally dismiss the claim without
delay.

philuk2000

I noticed a mistake - I said my and it wasn't me 

Coupon-mad

"my entrance onto the private property"?

philuk2000

Coupon-mad said:

"my entrance onto the private property"?

That's a mistake.  I was not the driver.

philuk2000

It was just to say "entrance onto the private property" without the my.   What can I do about this?  Could the driver be a witness, to state they were driving, or is that not a good idea?

Please help!

Grizebeck

That's a really shoddy defence and in my view you will lose. You can't really add in the WS that you were not the driver as it was not in the defence.

philuk2000

I appreciate your assertion Grizebeck - please understand I have zero legal background and I was unaware that I could not make amendments.

After a submission, is it possible to contact the court to make any amendments?

Grizebeck

philuk2000 said:

I appreciate your assertion Grizebeck - please understand I have zero legal background and I was unaware that I could not make amendments.

After a submission, is it possible to contact the court to make any amendments?

Only on payment of an application fee.