VCS/Elms CCTV PCN PAPLOC - Claimform - Appealed - no stopping - Leeds Bradford Airport

[HappyHolidays]

The text on the N1SDT Claim Form

1.The claim is for breaching the terms and conditions set on private land.

2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited

3.At all material times the Defendant was the registered keeper and/or driver.

4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations

5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.

6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

This is what I am thinking of for the wording of my defence

The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land.

2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.

3. It is admitted that Defendant is the recorded keeper of the vehicle.

4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 

I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws?
Any other suggestions/corrections would be appreciated.

Edited March 29 by HappyHolidays

[dx100uk]

ofcourse its covered by the byelaws.

its a private invoice, you wouldn't get one if it were not private land thus part of the airport complex, thus covered by the byelaws.

dx

 

[HappyHolidays]

You can see I'm out of my depth with these things. Thanks again for clarifying.

I'll send it as above then 

[FTMDave]

Dx is spot on about the bye-laws.

I don't understand however why you want to add to our usual bland defence.  We normally advise to keep it simple so the other side doesn't really have a clue about how you will fight the case.

[HappyHolidays]

Hi. I was reading this thread 

where they had edited their defence & I thought it was very similar to mine. 

I will put it back to the bland one to keep it simple.

 

An MSE thread suggests emailing my defence instead of using the MCOL webpage. Is this correct?

Or am I missing something?

Sorry. I'm just trying to do it correctly.

Thanks

 

Edited March 30 by lolerz
Removed MSE forum link

[dx100uk]

file by mcol only.thats what it there for!!

 

[FTMDave]

If you go here  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?  you will find the bland defence that we usually use.

This covers all bases.  For example the part denying entering a contract with the Claimant can be fleshed out at Witness Statement stage as to why there was no contract - rubbish signage, prohibition, not being the driver, etc.

It's of course up to you if you want to alter it but (a) it's unnecessary and (b) the more you add the more info the other side is getting about how you will fight the case.

 

[FTMDave]

You can file your defence by MCOL, e-mail, fax, snail mail, etc., but if it can be done in five minutes and with certainty on MCOL, why do something else?

We have had cases where the court staff missed the e-mails or where the Cagger e-mailed the wrong address, leading to losing the case by default.

[HappyHolidays]

Hi. I have been away on holiday

I got back today to a letter "Notice of Proposed Allocation to the Small Claims Track"

It says I have to complete Small Claims Directions Questionnaire (Form N180) by 22nd April which I haven't done as I was away

Suggestions, or is it too late?

Thanks

[AndyOrch]

Send it today email and post

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

pers id NOT email the sols

for the court use the correct email address:

The new Civil National Business Centre replaces CCBC or CCMCC - Court Procedure and General Guidance (mainly England and Wales) - Consumer Action Group

 

[FTMDave]

Andy and dx are spot on.

We find that if someone fails to file the DQ/N180, then the court gives them a second bite at the cherry.  It's only after a second failure that the defence is struck out and the case lost.

So you'll be alright.

However, this failure to respect court orders has to stop.  You're in a legal battle.  If you're away from home for an extended period make damn sure someone is checking your mail. 

[HappyHolidays]

Thanks for the feedback. I have emailed my N180 to the court email in the above post.

I will post the hard copies out this afternoon.
Thanks again