No stopping - relevant land?

PeasantsRevolt

I have read many threads on no stopping at municipal airports namely Southend airport this due to the fact that the “dissembler” VCS operate their own get rich scheme at this airport. I have received a claim via the small claims court which now total £255 I have chosen to defend the claim in its entirety as I refuse to be a victim and pay before their cost increased for something that I am not liable for in the first place. The system is biased against the defendant in as much that they can add charges totalling £220 and pay a court fee of just £35 yet I as defendant cannot seek a legal defence 

Coupon-mad

I agree the system is badly weighted against consumer defendants, which is the exact opposite of the original intention of the small claims track.

Show us the POC.  Is the claim issued by Elms Legal?  What date of issue (top right?).

Easy to defend these cases. Loads here.

PeasantsRevolt

….cont
legal defence and claim this amount back upon winning. Luckily this website and its contributors seek to redress that problem and I am extremely grateful that it is available to me. I will now be uodating this thread with some details and look forward to receiving some assistance.

KeithP

PeasantsRevolt said:

I have received a claim via the small claims court...

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

PeasantsRevolt

My acknowledgment of service to the court was 14/03/24 filed that I would be defending all the claim
this is what I have presently but not yet sent until I have assistance here from the forum.

DEFENCE

1.The Defendant received the claim xxxxxx  from the Northampton County Court on xxxxxx

2. The vehicle xxxxxxx did not stop in a no stopping zone. Charge notice xxxxxxx evidence identifies the vehicle at the give way road markings complying with the roundabout for just 35 seconds which cannot be considered as stopping or” parking” as mentioned in the particulars of claim for the recovery of “the parking charge notice”. The defendant did appeal the Charge notice, but this was ignored until the claimant followed this up with a series of letters threatening the defendant with increased charges.

3. This claim is for Charge Notice xxxxxxx issued by Vehicle Control Services for £100 plus additional charges which now total £255.00 The claimant identified the defendant’s vehicle xxxxxon private Land in Southend airport governed by statutory powers - Byelaws.

4. The claimant has not been informed who was driving and vehicle keeper liability is denied by the defendant.

5.Under Schedule 4 of The Protection of Freedoms Act 2012 should the identity of the driver not be disclosed, keeper liability only applies to ‘relevant land’. The land owned by London Southend Airport Limited is under statutory control covered by byelaws which is not relevant land, therefore keeper liability under the Protection of Freedoms Act is not applicable.

6.The claim is for breach of contract, the registered keeper not being the driver is unable to enter a contract where he has not had offer, awareness and consideration, in fact no contract exists. The defendant in these circumstances denies that he has failed to settle an outstanding liability, sending the defendant an invoice does not constitute liability when the power to transfer liability from the driver to the registered keeper has not been met on private land where it is under statutory control-Byelaws as this is not” relevant Land”.

KeithP

PeasantsRevolt said:

My acknowledgment of service to the court was 14/03/24...

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

PeasantsRevolt

KeithP said:

PeasantsRevolt said:

My acknowledgment of service to the court was 14/03/24...

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

06/03/24 is the issue date of claim form

KeithP

PeasantsRevolt said:

KeithP said:

PeasantsRevolt said:

My acknowledgment of service to the court was 14/03/24...

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

06/03/24 is the issue date of claim form

With a Claim Issue Date of 6th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 8th April 2024 to file your Defence.

That's nearly two 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'.

nopcns

@PeasantsRevolt has very obviously not read the Newbies/FAQ thread and as evidenced by their totally inappropriate attempt at a defence. Also, @PeasantsRevolt is not answering the pertinent question about the claim 'Issue date".

Very difficult to provide "assistance" to someone who does not "listen" to the questions or bother to read the Newbies/FAQ thread.

Have you looked at the "Template defence " thread? What exactly to the PoC say on your claim form? Do you need to add the CEL v Chan preliminary matter?

PeasantsRevolt

nopcns said:

@PeasantsRevolt has very obviously not read the Newbies/FAQ thread and as evidenced by their totally inappropriate attempt at a defence. Also, @PeasantsRevolt is not answering the pertinent question about the claim 'Issue date".

Very difficult to provide "assistance" to someone who does not "listen" to the questions or bother to read the Newbies/FAQ thread.

Have you looked at the "Template defence " thread? What exactly to the PoC say on your claim form? Do you need to add the CEL v Chan preliminary matter?

I will read all the relevant mentioned newbies/FAQ.
No excuses offered for not pursuing this course of action first.

nopcns

nopcns said:

...@PeasantsRevolt is not answering the pertinent question about the claim 'Issue date".

Very difficult to provide "assistance" to someone who does not "listen" to the questions...

What exactly do the PoC say on your claim form?

?