VCS PCN Claimform - No Stopping - Southend Airport

[Jason MS]

Just asking again so others might see.

Is there anything I should add to my defence?

 

1) The land is covered by its own byelaws so not "relevant land" under the POFA. VCS has no Locus Standi to claim a prohibited act is a parking Event.

2) The signage is prohibitive in nature and not a genuine offer of a contract for consideration.

 

Should I mention my reason for stopping briefly outside the arrival terminal was to assist my disabled father?

 

Thanks

[dx100uk]

I would say that is not all you need ..

should be at least one sentence more 

but no it wont be based on anything to do with WHY you stopped.

 

dx

 

[Jason MS]

Can anyone think of one more to add then?

Maybe something to do with issuing a parking charge notice for stopping?

[dx100uk]

1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.

 

2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either an contractual charge or as a result of a breach of contract.

 

3. The claimant has not shown locus standi in this matter.

 

4. It is denied that there is the ability to enter into a contract with the Claimant as the signs which are in place refer to no stopping which it is denied creates a contract for the Defendant to enter into and rather this is a prohibitive notice.

 

5. A CPR 31.14 request was sent to the Claimant on the (insert date) 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. No response to this has been received. 

 

[Jason MS]

Thank you for this, much appreciated!

[ericsbrother]

with DX's point 5 you can state therefore the defendant doesn not believe they have the authority and that makes the point 3 a reasoned argument