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#Post#: 46473--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 21, 2024, 7:21 am
---------------------------------------------------------
I know the location well, having operated out of LJLA for
several years. The location is after you turn right on the
roundabout when entering the airport. There are some businesses
that operate on the left as you drive towards the free drop off
area. It is not particularly relevant for now.
I am still discussing whether to use the short defence and draft
order to for VCS to provide more detailed PoC that fully comply
with CPR 16.4 or to just go for the final defence which would be
based on no contract formed and no keeper liability. The short
defence would force VCS to fully comply with CPR 16.4 and
attempt to comply with the draft order, which is going to be
almost impossible for them to comply with, thus forcing a strike
out or discontinuance.
Even if they could comply with the draft order, the amended
defence would be very strong. I will hopefully provide an answer
later this afternoon.
#Post#: 46618--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 22, 2024, 4:44 am
---------------------------------------------------------
OK... after some deliberation, here is the defence you should
use:
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Vehicle Control Services Ltd

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies that a contract was formed as alleged
by the Claimant.
>
> No Contract Exists
>
> 2. The signage at Liverpool John Lennon Airport (JLLA) uses
prohibitory language, stating "No Stopping" and "Ł100 Charge if
you Stop." Such language cannot form the basis of a contractual
offer, as it does not permit or offer terms capable of
acceptance.
>
> 3. Even if the sign could be interpreted as offering terms,
which is denied, it is ambiguous. It does not specify how long a
vehicle must stop to incur the charge or whether stopping
momentarily for safety would constitute a breach. Ambiguity in
purported terms renders them unenforceable.
>
> 4. The Ł100 charge is clearly punitive, arising from a
prohibition, and does not represent a contractual term. Penalty
charges are unenforceable unless they reflect a genuine
pre-estimate of loss, which the Claimant has not demonstrated.
>
> 5. Consequently, the Defendant denies that any enforceable
contract was entered into or breached.
>
> No Keeper Liability
>
> 6. The Claimant has not clarified whether they are pursuing
the Defendant as the registered keeper or the driver, which is
prejudicial and undermines the Defendant’s ability to prepare a
defence.
>
> 7. The Defendant accepts that they are the registered keeper
of the vehicle but asserts that any liability as keeper could
only arise pursuant to Schedule 4 of the Protection of Freedoms
Act 2012 (PoFA). However, the location of the alleged breach,
Liverpool John Lennon Airport (LJLA), is subject to statutory
control under airport bylaws. As such, it is not "relevant land"
as defined by Schedule 4 of PoFA, and keeper liability cannot
arise.
>
> Inadequate Signage
>
> 8. The Defendant disputes the Claimant’s assertion that the
terms were "clearly displayed." The signage at Liverpool John
Lennon Airport fails to meet the standards required to form a
binding contract.
>
> 9. The signage does not clearly indicate that entering the
land would create a contract or that liability would arise for
stopping momentarily, rendering the terms unenforceable.
>
> Claimant’s Authority
>
> 10. The Claimant is put to strict proof that they have the
authority to issue Parking Charge Notices (PCNs) at the location
of the alleged incident. This must be demonstrated by way of an
unredacted contract with the landowner.
>
> 11. It is understood that the Claimant’s authority to issue
PCNs extends only to the car parking areas and not to the public
roads within the location. The Claimant must prove that the
alleged breach occurred in an area where they are authorised to
operate.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
>
>
--- End Quote ---
You only need to edit your name and the claim number. You sign
the document by typing your full name for the signature and date
it.
When it's ready, you attach the defence as a PDF file to an
email addressed to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The claim number must be in the email subject line. In
the body of the email simply put "Please find attached the
defence in the matter of Vehicle Control Services Ltd v [your
full name] Claim No.: [claim number]".
That's it for now.
#Post#: 46789--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 23, 2024, 12:14 pm
---------------------------------------------------------
I need further help, I obviously received the claim form through
the post with a specific claim no. I used that claim no to
submit my AoS.
They have sent me a CCJ with a claim reference of a character
thats one out. It's a 6 instead of a 7 (the 7 was shown on the
claim form for court)
So in MCOL AoS was submitted with xxxx7xx they have now sent me
a default judgement with xxxx6xx...
This is an issue on their behalf or the courts?
Thank you for the defence, it is much appreciated. God's work.
#Post#: 46805--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 23, 2024, 5:05 pm
---------------------------------------------------------
Who is “they” that have sent you something with a claim
reference that is different? Are “they” the Claimant or the CNBC
(court)?
You need to be very clear. Please show us this “CCJ” that “they”
have sent you so that we can better understand what is going on.
Show us a screenshot of what you see on your MCOL history.
#Post#: 46821--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 24, 2024, 5:06 am
---------------------------------------------------------
Yes, so ELMS Legal has sent me a letter saying NOTICE OF
JUDGEMENT IN DEFAULT, claiming I have not responded to their
claim xxxx6xx. (Claimant)
The claim number on the form from court was xxxx7xx which has
an issue date of 30/10/24(cnbc)
#Post#: 46838--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: DWMB2
Date: November 24, 2024, 7:05 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Please show us this “CCJ” that “they” have sent you so that we
can better understand what is going on.
>
> Show us a screenshot of what you see on your MCOL history.
>
--- End Quote ---
Please show us the aforementioned things.
#Post#: 46854--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 24, 2024, 11:51 am
---------------------------------------------------------
Show us exactly what they have sent you.
You need to call the CNBC first thing in the morning and get to
the bottom of this. Can you prove that the claim number you
responded to in your AoS was the same number that they are
saying wasn't acknowledged.
Show us a screenshot of your MCOL history.
#Post#: 46895--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 25, 2024, 2:50 am
---------------------------------------------------------
I have attached the letters.
[attachment deleted by admin]
#Post#: 46906--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 25, 2024, 4:54 am
---------------------------------------------------------
So apparently they are 2 different claims, but only having
received one in the post... I guess I will have to dispute it?
#Post#: 46909--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 25, 2024, 5:09 am
---------------------------------------------------------
Did you receive 2 separate claims? How do you know this? Did you
call the CNBC to clarify?
What does your MCOL history say? I don't know how many times I
have to ask you to show us?
Call the CNBC and ask them if there were 2 separate claims. If
there weren't and it is an error on their part, they need to
sort this out immediately. You do not want to have to apply for
a set aside if it is there problem.
If you did receive a separate claim and didn't respond to it,
you my have difficulty getting it set aside and that is going to
cause you untold financial pain for the next 6 years unless the
CCJ is paid in full within 28 days of the judgment.
I will ask one more time... what does your MCOL history say?
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