Unknown VCS CCJ - Bristol Airport - Stopping in a zone where stopping is prohibited . Was abroad

[Zimbird]

On this occasion I was driving and my flat is tenanted when I am in Zimbabwe

[FTMDave]

Good work with the accuracy tweaking.

 

However, there's no need to cut out point (2).  The PPC wrote to you in your capacity as keeper of the vehicle.  They're not allowed by law to just assume the keeper is the driver.  To transfer liability to the driver they have to follow the provisions of a law, the Protection of Freedoms Act 2012 (it's Schedule 4 of the law) and they often do not.  You can certainly claim that you do not believe they have followed the law to establish keeper liability.

[FTMDave]

If you want, change it to the more generic

 

2.  the Claimant has failed to follow the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability

 

so nowhere are you even hinting at denying being the driver.

 

 

[dx100uk]

for want of clarity, i would rephrase your opener, to something clearer, 

in terms of your country of 'residence' where are you currently and legally considered a resident. 

you say you are driving in xx country, but this is obv not something that is temporary? and plays an important part in your 'story'

are you a citizen there etc, get what i'm getting at, it would be far better to naildown your actual legal status abroad. this has obv been longterm...

 

 

dx

 

[Zimbird]

I have just rephrased is as suggested as I am a resident in Zimbabwe and have been there for 21 years as a resident.

 

On another subject - can you believe it - my husband has just walked in and I chatted to him about going to court etc and that I could not remember even being in Bristol airport  - well it turns out the penny has just dropped - it was him, not me.  

 

He was driving around Bristol airport looking for the Drive In Covid Centre to do a Covid test.

 He did not get out of the car, but he did hesitate looking for where to get the test and to try and see where the drive in was.

 It turned out it was the next roundabout and not in the airport at all.

So the mystery is over, it wasn't even me - so I can happily put that No. 2 point back into my letter:

 

2.  the Claimant has failed to follow the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability

[FTMDave]

Excellent news.

 

Well in that case you can make the point even harder -

 

2.  The Claimant is suing the wrong person - I was not the driver of the vehicle and the Claimant has failed to follow the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability.

 

I'm in the middle of getting an expert on set asides to look at what we've drafted.  The person has just written -

 

In point 3 " What Order are you asking to court to make and why " ?

 

Put  you request the judgment dated xxxxxx issued under Part 12 CPR be set a side pursuant to CPR 13 .3. a/b

 

Once they okay the rest you can send everything off to the court, hopefully this afternoon.

[dx100uk]

Might even help to mention that then in the current situation across the uk. The driver was seeking the location of their local covid testing centre, innocently taking a wrong turn upon a roundabout entering the airport complex.      Imho that has weight

 

Dx

[Zimbird]

This is the letter - I won't print and send it until I have had the OK from you all.  I have noticed a small error in the last sentence.  I will be in Guernsey, CI - Do you think I can ask that they email me instead of write, as it is difficult when you are not at any one address (until I return to Zimbabwe) as I have once again tenanted my flat in Bristol?

Letter to CCBusCentre for CAG.pdf

Edited September 14, 2021 by Zimbird

[FTMDave]

Nearly there ... bear with us.

[FTMDave]

Right.  You cant just send a letter to the court.  You have to fill in form N244 which can be downloaded here https://www.gov.uk/government/publications/form-n244-application-notice  There are notes to help you fill it in.  If you get confused at any point come back to the thread this afternoon/evening.   

 

In point 3 "What Order are you asking the court to make and why"? put you request the judgment dated xxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b.

 

It turns out what we have drafted is fine - well done us - but the defence should be separated from the rest.  So I'm attaching two documents, what to write in point 10 and what to attach to the form in support.

 

I think you're spot on to request e-mail contact, you're not a British resident and logically will be moving around.

 

It has been suggested that you should include a draft order you would like the court to make.

 

There has been some last-minute tweaking to the two attachments so have a read and see if you're happy with everything.

 

 

 

Point 10.pdf

Proposed defence.pdf

[FTMDave]

Earlier I messed up the Proposed Defence PDF above but I've sorted it out now.

[Zimbird]

N244 Application Notice - HELP PLEASE

 

4.  Have you attached a draft of the Order you are applying for?  Yes or No

      - what is a draft of the Order

5.  How do you want this application dealt with:  at a hearing, without a hearing, at a telephone hearing

-  what do you suggest

8.  Level of Judge

- think I will leave this blank

9.  Who should be served with the application?

- I was going to put Vehicle Control Services Ltd - is that correct

10.  What info will you be relying on, in support of your application? Options:  ... The attached witness statement ...... the staement of case ...... the evidence set out in the box below

-  Shall I write up my defence again in the large box provided or just say: please refer to the Attachment "My Defence"

DX No.  - I will leave this blank as I don't know what it is

 

Lastly how do you know the correct fee to submit with the application ?  

Should I send a cheque?

How many copies of my application should I submit to the court?

 

I have got my covering letter all ready to go and will send everything by post.  Do you suggest I pay for post to be signed for - so I can track it.  I don't mind paying to be on the safe side.

 

 

 

[dx100uk]

You do not need a covering letter

You do not repeat any defence

The draft order should simply state you wish the ccj set aside on the papers only without a hearing.

 

Just make a short statement out lining your position.

If you you wish to inc exhibits like proof of residence / visa etc and a copy of the ntk/pcn you can.

 

You can pay the fee on their portal give them a ring.

You only need 1 copy the court will copy to your stated served party.

 

If you type in n244 in our search there are examples

[AndyOrch]

11 hours ago, Zimbird said:

N244 Application Notice - HELP PLEASE

 

4.  Have you attached a draft of the Order you are applying for?  Yes or No

      - what is a draft of the Order (see below )

5.  How do you want this application dealt with:  at a hearing, without a hearing, at a telephone hearing

-  what do you suggest (try without a hearing initial the court will inform if they require one and its lees expensive)

8.  Level of Judge District Judge

- think I will leave this blank

9.  Who should be served with the application? The Claimant

- I was going to put Vehicle Control Services Ltd - is that correct

10.  What info will you be relying on, in support of your application? Options:  ... The attached witness statement ...... the staement of case ...... the evidence set out in the box below

-  Shall I write up my defence again in the large box provided or just say: please refer to the Attachment "My Defence" No

DX No.  - I will leave this blank as I don't know what it is

 

Lastly how do you know the correct fee to submit with the application ?  £100 without hearing £255 with

Should I send a cheque? You can or pay online

How many copies of my application should I submit to the court? 1 and send a copy to the claimants Sol

 

I have got my covering letter all ready to go and will send everything by post.  Do you suggest I pay for post to be signed for - so I can track it.  I don't mind paying to be on the safe side. Post or email MCOL

 

######### Draft order######

Between

 

Claimant xxxxxxxx

 

-and-

 

Defendant xxxxxxx

 

Draft Order

 

It is respectfully requested the that the Judgment dated xxxxxx claim number xxxxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b.

 

It is Ordered

 

The Claim be set a side and the defendant be allowed to defend the claim

Costs in this application

 

 

Signed 

 

Dated.

 

 

 

 

 

[Zimbird]

Ok thank you.

I had got the wrong end of the stick, regarding attaching the letter.  I have now put the contents of the letter in point No. 10.

Can I type up my Defense and attach it, or would it be better to hand write that too and attach?

I am still confused about the "Draft Order" - do I just write it in hand and attach to the N244 as seen in the sample below?  I am thinking of signing it below too?

9.  Who should be served with this application.  Should I put Vehicle Control Services or not?

 

draft order.pdf

[Zimbird]

Thank you for the sample of the Draft Order:  Would it be better to type it or write it by hand?

[AndyOrch]

Typed

[Zimbird]

I am on the phone to the County Court Business Centre to ask how much to include in payment for my N244 - I am number 35 in the queue - does anyone know the exact amount.  I remember a mention of £100 and then another amount for £255.

Can I send a cheque?

Edited September 15, 2021 by Zimbird

[AndyOrch]

Already in my post above.....

 

With hearing £255

Without Hearing £100

[Zimbird]

Perfect thanks for making this clear.

[FTMDave]

In post 63 the attachments show what you should write in point 10, and there is the proposed defence to be typed up separately.

 

[FTMDave]

Yes you can send a cheque.

 

Watch out that if you choose "with hearing" you will have the chance to talk to the judge and answer any questions, but if you choose "without hearing" you won't, so if you choose the latter as dx says attach some proof that you really are resident in Zimbabwe to convince the judge.

[Zimbird]

Yes I have now completed, photocopied the N244 form.  I have attached my Draft Order, Proposed Defence and also evidence of Zimbabwe Residence Permit and my passport.  Proof of coming into the country ie. my final Covid release and ticket to Guernsey on 7th October 2020.  I have also sent a copy of the original Charge Notice showing the 37 seconds.

My only question is who do I write the cheque too - County Court Business Centre?  There is nothing on my Claim Form indicating this.

[FTMDave]

Well done.

 

Here it says payable to "HM Courts and Tribunals Service".

 

https://www.gov.uk/court-fees-what-they-are

 

[Zimbird]

Just going to the Post Office.  Cheque for £100 made out to HM Courts & Tribunals Service, together with all documents as stated above, in the envelope.

Addressed to:  The court Manager, County Court Business Centre, Northampton NN1 2LH

Fingers crossed.  I will keep you all informed.

Thank you once again for your assistance and patience with a newby like me!