Bullet Point Defence submitted ! Wait now to see if there is a response !!!!

Thanks DX will submit it with that included

Please disregard post No 26 above. It should read Hi all, Day 32 since NOC issued, and I am about to submit my bullet point defence. I propose the following having taken previous comments into account. 1.I believe the Claimant has no Locus Standi at this location, and the Claimant is put to strict proof of Locus Standi 2. I believe that the signage at the location is prohibitive, and therefore the genuine offer of a parking contract can not exist. A CPR 31.14 request was sent to the Claimant on the 6th June 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. They declined to provide such proof unless by court order. 3. I believe this claim to be vexatious, as it constitutes an unlawful penalty . Could somebody please confirm that this will suffice as my basic defence. ( needs to be submitted by tomorrow ). Thanks in advance

Hi all. Day 32 and I am about to submit my bullet point defence. I propose the following having taken previous comments into account.Claimant has no locus standii at this location and the claimant is put to strict proof of locus standi Signage at the location is prohibitive, therefore a genuine offer of a parking contract does not exist. A CPR 31.14 request was sent to the Claimant on the 6th June 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. They declined to provide such proof unless by court order. This claim is vexatious as it constitutes an unlawful penalty

EB Thanks for your valuable input as always ! Points noted

Thanks DX, so what are the implications of the fact that they are not used to the court procedure ? Will that be in my favour ?

Hi As predicted by EB, I have received a short reply from dcb legal regarding my CPR request. Their letter is as follows " At this stage within the proceedings,there is no requirement for our Client to furnish you with documents. Should the Court order us to provide documents in the future then we will comply with this. In view of the above the matter will proceed as normal. " I propose the following bullet point defence to be submitted on 3rd July ? Claimant has no locus standii at this location and the claimant is put to strict proof of locus standi Signage at the location is prohibitive, therefore a genuine offer of a parking contract does not exist. A CPR 31.14 request was sent to the Claimant on the 6th June 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. They declined to provide such proof unless by court order. This claim is vexatious as it constitutes an unlawful penalty I did not use keeper liability / pofa as I had previously admitted to being the driver( even though they seem not to have picked up on this). Is the above ok ? Thanks

Thanks EB Will do

Hi CPR31.14 request typed up and ready to go to solicitor (recorded deivery) tomorrow. 1. Should I now wait until 3rd July to post my defence on the MCOL website ? 2. Is there anything else I should be doing ? Writing to Landowner ? 3. Should I outline my defence on here for consideration prior to posting it on the MCOL site ? Thx

Claim Form signed by Yasmin Mia ( Claimants Legal Rep ) Yasmin Mia is the senior partner of DCB Legal Ltd heading up a team of lawyers and paralegals and support staff. dx 100UK I actually completed the AOS online today. Does that affect my defence filing date ?

Hi all Here are the answers as requested. I have acknowledged the claim, but not yet submitted any defence. Thanks in advance. Name of the Claimant :Vehicle Control Services Ltd, 2 Europa Court,Sheffield Business Park,, Sheffield,S9 1XE Claimants Solicitors: DCB Legal Ltd,Direct House, Runcorn. WA7 1UG Date of issue –02 June 2020 Date for AOS - Completed online on 19/06/2020 Date to submit Defence - 03/07/2020 What is the claim for – 1. The Defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle ****** at Southend Airport. 2. The PCN details are ******** 3. The PCN(s) was issued on private landowned or managed by C. The vehicle was parked in breach of the Terms on C's signs (the Contract), thus incurring the PCN(s). 4. The driver agreed to pay within 28 daysbut did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS. What is the value of the claim? - 1.£160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment. 3. Costs and Court Fees

Hi all Today I received a court claim form for the alleged contravention above. I shall upload it later, and any advice greatly appreciated.

I did consider those facts, but can’t establish whether the land is actually owned by the railway.

ericsbrother, thanks for that. will do just that

Brilliant. Thanks

Thanks dx Meant to do it, but working all day !! Yes - no id of driver !

Hi New PCN in name of driver now received and attached as pdf. Will now await any LBA. jspcn_1_and_2_redacted_pdf.pdf

Hi I appealed online on 28/12/19. I have attached my submission as a further PDF Thanks Appeal Reply.pdf

In that case I shall await a LBA before any next steps

Thanks very much for clearing that up ! excellent news

Ok will do

Confused My ticket has not been issued within 14 days – does that make it invalid? http://www.knowyourparkingrights.org/News/faq#7 The timeframe of 14 days only applies if the operator is relying on the Protection of Freedoms Act 2012. If the operator has not mentioned the use of the legislation within their notice, then they do not have to stick to the timelines stipulated within the Act. This usually applies to tickets issued using ANPR (Automatic Number Plate Recognition).

Thanks

If they don’t subscribe to POFA, were they entitled to get keeper details from DVLA ?