County court claim for parking please help

nosferatu1001 · 29 August 2017 at 8:33PM

Coupon will stay, but you're expected to stay on top yourself.
Get a witness statement together asap so we can fine tune it.

caminch1993 · 3 October 2017 at 8:14PM

Hi guys, So my court Date is 7th December and my witness statement has to be in by 23rd november so plenty of time to hopefully put together a strong witness statement

The documentation that i requested in my defence has still not been sent to me.
No photos, no contract, no proof of signage ect, is this something i can use against them in my statement? As i did say that these are required for me to file my defence, and i am entitled to this information? Correct?

Coupon-mad · 3 October 2017 at 10:56PM

Correct.

nosferatu1001 · 4 October 2017 at 2:43PM

You say the claimants deliberate refusal to cooperate, by not providing documentation or a proper explanation of their claim, has affected your ability to fully defend the case, as you have had to make assumptions as to what exactly the claimant is attempting to claim for.

caminch1993 · 11 November 2017 at 4:58PM

Hey guys,
i have attached my witness statement draft, i feel like its missing meat as have not received any documents i asked for and was relying on to pull apart. , any advice or pointers will help.
many Thanks

In the matter of

(Claimant)
v
(defendant)

Claim no: D2HW7W11

Witness statement of NAME and Address

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. In the defendant’s original defence they asked the claimant to provide them with particulars of the claim that comply with Practice directions. The claimants deliberate refusal to cooperate, by not providing documentation or a proper explanation of their claim, has affected your ability to fully defend the case, as you have had to make assumptions as to what exactly the claimant is attempting to claim for. I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it to comply with my own obligations under paragraph 6(b).

2. The Defendant denies being entered into any contract between them and the claimant at the time of the supposed event. There was no offer to park.

3. The defendant believes the signage on site does not comply with the BPA Approved Code of practice. There was no apparent entrance signs that can be seen clearly from a drivers view.
The defendant believes that the signage on site is contradictive and unclear.

4. The defendant believes there is no valid contract between the claimant and the landowner. The defendant therefore believes the claimant was committing an offence by displaying there signs.

5. The defendant relies on their tenancy agreement to hold and enjoy the Property during the Tenancy without any unlawful interference by the Landlord or any person acting on his behalf. The aggressive business approach and unwarranted threat of court and debt collectors that has been issued to me from UKPC has caused me much distress and discomfort within this tenancy.

6. The defendant also points out that there is no agreement within the tenancy agreement that states he must show a valid parking permit or pay a third party for no display of such.

I believe that the facts stated in this Witness Statement are true.

Signed ....

Dated 11/11/2017

Coupon-mad · 11 November 2017 at 5:13PM

Change all the 'The Defendant' to 'I' because a WS should be in the first person.

I think I would set out exactly what PCNs and what demands were received when, in this WS, and state how you responded and the dates when you wrote to ask for the evidence and photos, and the fact you received no reply.

You can write this in non-legalese, in your own words.

Your WS is also the time when you file your evidence (numbered pieces) and refer to it in your WS and file the whole folder - best by hand - with the court (and email a copy to Gladstones). So far your draft hasn't done this, has not mentioned your attached evidence, and it MUST do. Especially as you need to include your lease/tenancy or emails that came with the flat, that support your position, as you said:

i was renting a property and UKPC issued numerous parking tickets, including ones on bank holidays such as new years day... I received tickets at 9,10,11pm

This is the sort of thing to say, and suggest they acted vexatiously against residents. Explan why you didn't have a permit/what happened (assuming you are defending this one as admitted driver who parked (I can't recall! we do so many!)?

caminch1993 · 11 November 2017 at 5:29PM

Yes advice on this post was not to deny being driver,... Defence was was based on unclear signage and primacy of contract.. No permits were ever given to residents..

ok just not many WS examples on here similar to my case. well not that i can find anyways!

Thanks again CM

caminch1993 · 11 November 2017 at 7:43PM

How is this looking CM? anything key that i am missing?

many thanks CM

In the matter of

UK Parking Control (Claimant)
v
(defendant)

Claim no:

Witness statement of Mr

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. In my original defence I asked the claimant to provide me with particulars of the claim that comply with Practice directions. The claimants deliberate refusal to cooperate, by not providing documentation or a proper explanation of their claim, has affected my ability to fully defend the case, as i have had to make assumptions as to what exactly the claimant is attempting to claim for. I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it to comply with my own obligations under paragraph 6(b).

2. I call upon evidence Photo #1 which clearly states, “No unauthorised parking”. I therefore deny being entered into any contract between me and the claimant at the time of the supposed event. There was no offer to park and therefore no contract. Attached is evidence photo #1

3. I, the defendant believes that the signage on site does not comply with the BPA Approved Code of practice. There are no apparent entrance signs that can be seen clearly from a driver view. Attached is photo #2 which is the entrance to St Michaels park, Bushey, from the driver’s position, in which there Is no Entrance signs. Attached is the BPA code of practice in which point B4.2 states that signs must be placed at the entrance to the site and inform a driver that the location is private land and managed by a BPA member.

4. I believe that the signage on site is contradictive and unclear. Evidence photos #1,3,4,5 are all present on site, and all make contradictory offers. #1 suggests no parking allowed. #3 suggests No parking on double yellow lines. #4 suggests the area is for residents only. #5 Also suggests that parking is allowed for residents of St Michaels Park. I again refer to the BPA Code of practice which is attached. B4.5 states that all signs must be visible, clear and legible. Easy to see and read.

5. B4.5 of the BPA code of practice also states, “You must clean and maintain signs regularly”. I refer to evidence photo #1 in which one of the claimant’s sign is visibly damaged and broken. Clearly UKPC are not adhering to the terms of the BPA Code of practice. The terms on this sign are unreadable, half the sign is missing and is clearly far to high for anybody to see! The actual height of this sign from ground level is XXX.

6. Evidence photo #7 is the first photo seen from the driver when entering St Michaels park Bushey. Clearly this sign is dark, not lit and unreadable from ground level when dark. I would like to call upon the claim particulars to see the times of these tickets, but they have not been provided to me from the claimant as requested.

7. Evidence photo #5. This sign displayed on site, clearly allows residents of St Michaels park to park. The presence of the claimant on the land will have supposedly been to prevent parking by uninvited persons, for the benefit of the actual leaseholders (MYSELF). Attached is my Tenancy agreement, which shows my residency at this estate. I feel like a predatory operation has been happening and affecting residents on this estate and the continued harassment and threats of bailiffs has very much affected my happiness and state of mind.

8. I refer to Evidence photo #6 states, No parking at any time. I also refer to evidence photo #1 which states No parking between 7am and 11am. Again these signs are contradictive and confusing.

9. The attached Tenancy agreement states “The Tenant may hold and enjoy the Property during the Tenancy without any unlawful interference by the Landlord or any person acting on his behalf.” I would like to remind the court of the Jopson V Homeguard case where it was found that a PPC cannot disregard the rights of residents.

10. I relied on my tenancy agreement to hold and enjoy the Property during the Tenancy without any unlawful interference by the Landlord or any person acting on his behalf. The aggressive business approach and unwarranted threat of court and debt collectors that has been issued to me from UKPC has caused me much distress and discomfort within this tenancy.

11. UKPC acted vexatiously against residents issuing PCN’s on bank holidays, including New year’s day!

I believe that the facts stated in this Witness Statement are true.

Signed

Dated 11/11/2017

The_Deep · 11 November 2017 at 8:01PM

Actually, Jopson mainly concerned loading and unloading, there are far better examples available, read some of these

https://www.google.co.uk/search?source=hp&ei=ekgHWpHPFOLCgAa_ybiQAw&q=primacy+of+contact+parking+prankster&oq=primacy+of+contact+parking+prankster&gs_l=psy-ab.3..33i160k1.1841.18985.0.21477.36.36.0.0.0.0.488.4104.16j19j4-1.36.0....0...1.1.64.psy-ab..0.35.4011...0j0i131k1j0i22i30k1j0i13k1j33i22i29i30k1j33i21k1.0.lQSWwVgHJLU

Are you aware of their previous?

http://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

Coupon-mad · 11 November 2017 at 8:06PM

The Deep, I disagree.

Jopson is an important appeal decision, albeit not an authority or precedent but it IS persuasive on the lower courts where the facts are on all fours or similar.

An appeal decision like Jopson trumps and is not 'bettered' by ordinary hearings at small claims level.

@caminch that WS is much better! See what others say.

County court claim for parking please help

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