No Stopping at Leeds Bradford Airport

Help_VCS_LeedsBA_NoStop

Good Afternoon, I found this forum pretty late so am quite far on in the legal proceedings. VCS are due to pay the final court fee by tomorrow (19 Dec 24) and I have said to them that I will disclose my draft statement to them today so that they can make an assessment on whether they still wish to proceed.

I am hoping they would lose on the basis that I tried to settle the claim and pay it etc, never mind the arguments that the land is not relevant for PoFA and they never should have applied for my details.

Two main issues:
1. I have already admitted I was the driver as I had not seen all the good advice here.
2. They say in their statement "the footage shows the vehicle stopped before reversing away from the meet-and-greet lane towards the short-stay entrance, causing other vehicles to break. The vehicle then remains stationary on multiple occasions, including blocking the short-stay entrance. It is further observed remaining stationary for over three and a half minutes before a passer-by approaches...the Claimant does not accept the Defendant's claim that the vehicle stopped only to decipher signage. The footage demonstrates that the vehicle reversed multiple times, remained stationary for over three and a half minutes and cause disruption to other traffic. These actions go beyond any reasonable interpretation of attempting to understand signage." They also state: 

The applicability of PoFA are irrelevant, as the Defendant is the driver and directly liable. My argument here is they were not entitled to get my details as the keeper in the first place and breached GDPR in doing so?

They say the fact the land may not "relevant" under PoFA does not negate the enforceability of the contract entered into on private land. They say RTA 1984 is irrelevant to a contract on private land. I am hoping I will be able to attach my draft statement in a comment below and I would be grateful for any gudiance.

Thanks



 

LDast

You blew away your best defence by blabbing their drivers identity. However, if this goes to a hearing, hopefully you included in your defence the fact that there was no contractual liability with the driver. The signs at the airport are forbidding and incapable of forming a contract.

Use the search function here, or Google the elements that are required in order to be able to form a contact with the driver through the signage. At least three elements are required.

Coupon-mad

"...causing other vehicles to break."

Seriously?!  They typed that spelling?

Anyway they did have a right to get keeper data so forget that. Show us the Particulars of Claim.

What did your defence say? EXACT words.

Help_VCS_LeedsBA_NoStop

Particulars of Claim:

Help_VCS_LeedsBA_NoStop

Particulars of Claim

Help_VCS_LeedsBA_NoStop

Defence filed online:

Help_VCS_LeedsBA_NoStop

Draft witness statement, although I note your comment above that I can’t run the breach of GDPR argument:

Coupon-mad

OK, so because you admitted to driving, half your defence is irrelevant I'm afraid.  They could legally get your data, can legally issue 'stopping' PCNs and you can't rely on the POFA or byelaws because you were driving and that's how they are pursuing you.

Your only legs to stand on are:

5a

5b

And the part starting "The defendant questions..." in 5c.

Therefore your WS should concentrate on those points.