2 DCB Legal Claim Forms for 2 Vehicles

billyhasmates

I have received 2 claim forms for my 2 cars. In both instances, they claim I am 'the defendant is being pursued as the driver of the vehicle for breach of the terms on the signs'.....'stopping in a zone where stopping is prohibited'. 'In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, schedule 4'. I haven't responded yet, but will use the template to get an extension as per the guidance on the other thread. To add insult to injury, one of the vehicle's was stolen from the offsite car park following a meet & greet service - Parking company was suspect and allowed to operate at this Airport. I had intended to complain to the Airport but haven't gotten to it. Can anyone provide some guidance relating to the specifics of my case where 2 vehicles/claims are involved and help with a defence. Clearly I can't be a driver of 2 cars simultaneously. I can of course follow the guide via the Newbies thread but wondered if any additional help is available given the above. Sorry for long starting message.

Coupon-mad

Show us the claim form POC but redact your data, VRM, WR Code, claim no & password.

KeithP

What is the Issue Date on each of the Claim Forms?

Who is the Claimant? VCS perhaps?

Which airport?

billyhasmates

Hi, issue date for both is 6th August and claimant is VCS. DCB is address for sending documents/payments. Bristol Airport.

Grizebeck

Post up the claim particular 

KeithP

billyhasmates said:

Hi, issue date for both is 6th August...

With a Claim Issue Date of 6th August, you have until Tuesday 27th August to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 9th September 2024 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

billyhasmates

In response to Grizebeck (can't see obvious way of replying directly to your message - soz Newbie!

LDast

Point 4 of the PoC is not possible. The keeper cannot be pursued pursuant to PoFA as it does not apply on land under statutory control (bylaws), which Bristol Airport is.

VCS are abusing process.

billyhasmates

LDast said:

Point 4 of the PoC is not possible. The keeper cannot be pursued pursuant to PoFA as it does not apply on land under statutory control (bylaws), which Bristol Airport is.

VCS are abusing process.

Thank you. So that can be my defence, more or less as you have stated within your post?

LDast

No. That is not your defence but it is an abuse of process which must be highlighted to the court. You could submit with your defence a draft order for the allocating judge to impose on VCS to explain if they are suing the defendant s the keeper, they must explain how they are able to do that and therefore, their statement of truth is anything but truthful.

A draft order would ask whether the claim is being brought under Schedule 4 of PoFA and if so, on what grounds does the claimant believe that is able to do so.

Coupon-mad

billyhasmates said:

LDast said:

Point 4 of the PoC is not possible. The keeper cannot be pursued pursuant to PoFA as it does not apply on land under statutory control (bylaws), which Bristol Airport is.

VCS are abusing process.

Thank you. So that can be my defence, more or less as you have stated within your post?

No.  Obviously that's for the third paragraph oif the Template Defence.  Your facts section.