Court defence help requested (quite urgent)

deepcomuk

2) Evidence Pack -

Well this is mostly bits and pieces from a number of sites, statutes and documents so I'll just sum it up for ease of view on the forum:

Page 1 - Invoice from the guy who did the service on the Company Van, dated 1/10/14. The idea here was that as the invoice says the Company Van was being serviced on this date then it is extremely likely that my personal car (the one that received the PCN) was being used by a staff member at the time.
Pages 2 thru 9 - Schedule 4 of POFA (Appendix C of British Parking Association Code of Practise Feb 2014), with paragraph 9 highlighted.
Page 10 - Paragraphs 20.12 and 20.16 highlighted from BPA CoP (Feb 2014) to clarify NTK.
Page 11 - Paragraph 21.5 highlighted from BPA CoP (Feb2014)
Pages 12 thru 13 - Except from POPLA Annual Report 2015 with relevant paragraphs highlighted.
Page 14 - The Unfair Terms in Consumer Contracts paragraph 1.
Page 15 - The Consumer Protection from Unfair Trading Regulations 2008 paragraph 6 (misleading omissions).
Page 16 - ParkingEye (Beavis) example signage.

deepcomuk

3) Statement of Costs -

Again this is a nice word document that I 'borrowed' from BD Legal and tweaked slightly so the layout is easy to read. Similar to the layout of the Witness Statement where I also used their formatting.

In REDACTED County Court
Case Reference REDACTED

Statement of Costs
(summary assessment)
Judge/Master

Case Title: Excel Parking Services Ltd v Mr REDACTED

Defendants Statement of Costs to date (21/10/16) :

Description Time Spent Costs Subtotal
Researching BPA / POFA / NTK 8 Hours £19 / hr £152.00
Preparing Witness statement & exhibits 3.5 hours £19 /hr £66.50
Printing, Admin & Postage 1.5 hours £19 /hr + £0.96 £29.46
Previous Time for Court Attendance 2 hours £19 /hr £38.00
TOTAL: £285.96

The costs stated above are a true and fair representation.

Signed: .
REDACTED
Date: 21/10/2016

deepcomuk

Think that is it for now. Any comments/feedback will be gratefully received even if just used in preparation for what BD Legal might throw at me during the hearing or as food for thought in any future situations like this. Otherwise, I'll keep you posted on the outcome.

Fruitcake

Typo in item 9. Code of Practise.

I think perhaps you should expand on your explanation about the company car being serviced. How exactly does this mean the defendant would/could not have been driving the vehicle in question?

The UTCCR 1999 has been replaced with the Consumer Rights Act 2015.

Item 17, ANPR not linked to the payment machines. If they were linked it would be impossible for the system to accept an incorrect VRN input by a human been unless the exact same error had resulted in the ANPR camera generating the same VRN. Software is available that prevents a person inputting a VRN that does not exactly match the ANPR VRN, so why isn't it being used?

Coupon-mad

The UTCCR 1999 has been replaced with the Consumer Rights Act 2015.

Yes but not in 2014, so he is right with the UTCCRs.

deepcomuk, if you lose this hearing in the end it will be an injustice because you are not liable in law AND there is no evidence of a contravention. I love the fact you borrowed BW Legal's costs schedule format to create your own!

deepcomuk

Hi Fruitcake, thanks for the reply.

Typo in item 9. Code of Practise

Damn. I guess that's what happens when you rush the proof reading so you can drop the paperwork in at court before they close. Not a huge one to worry about though luckily.

RE: Company Van being serviced - The problem is there is no actual proof on either side of who was driving at the time, this being over 2 years ago! Plus we have had 2 changes in staff in that time so the person that I believe was driving no longer works for the company, hence it's quite awkward to prove. Usually when the van was off the road (for service or whatever) my car was used for the day instead so engineers could get to any site visits - I'm primarily office based so it's unlikely I would be driving around town on a Thursday afternoon but ultimately its all conjecture though.

I did consider putting some of the above in the witness statement but I didn't want to give BD Legal anything too specific to potentially pick apart in advance when I will be given the opportunity to speak at the hearing and can elaborate on that point directly to the Judge.

Item 17, ANPR not linked to the payment machines. If they were linked it would be impossible for the system to accept an incorrect VRN input by a human been unless the exact same error had resulted in the ANPR camera generating the same VRN. Software is available that prevents a person inputting a VRN that does not exactly match the ANPR VRN, so why isn't it being used?

It's very interesting that software is available to resolve this. Do you have any further info or sources on that? I'd like to have a couple of additional key points to be able to ask BD Legal's representative during the hearing that would express further doubt in their actions and this could be a good one.

I love the fact you borrowed BW Legal's costs schedule format to create your own!

Coupon-mad, I took great pleasure in using their costs schedule and witness statement as templates seeing as there was no mention of copyright on any of it. That's the benefit of people using Word to then create a PDF - it's very easy to convert back to Word.

deepcomuk

deepcomuk, if you lose this hearing in the end it will be an injustice because you are not liable in law AND there is no evidence of a contravention.

If I lose the hearing I will be considering an appeal, assuming that is available as an option, probably with paid for representation then though, but I'll let you know how things go either way in due course.

Coupon-mad

Good for you.

I am looking forward to seeing if this case goes to another hearing at all now. Don't suppose Excel's cheque for £255 turned up today did it?

deepcomuk

I am looking forward to seeing if this case goes to another hearing at all now. Don't suppose Excel's cheque for £255 turned up today did it?

Not been home since leaving for work this morning so won't know until after 6pm but I don't have much Faith. Useful in any case because if they argue about how long 14 days is for my defence to arrive with them (on day 14) then I can argue back that the same can be said about their payment which was set to the same time frame so not having received it has its uses.

Fruitcake

deepcomuk wrote: »

Hi Fruitcake, thanks for the reply.



Damn. I guess that's what happens when you rush the proof reading so you can drop the paperwork in at court before they close. Not a huge one to worry about though luckily.

RE: Company Van being serviced - The problem is there is no actual proof on either side of who was driving at the time, this being over 2 years ago! Plus we have had 2 changes in staff in that time so the person that I believe was driving no longer works for the company, hence it's quite awkward to prove. Usually when the van was off the road (for service or whatever) my car was used for the day instead so engineers could get to any site visits - I'm primarily office based so it's unlikely I would be driving around town on a Thursday afternoon but ultimately its all conjecture though.

I did consider putting some of the above in the witness statement but I didn't want to give BD Legal anything too specific to potentially pick apart in advance when I will be given the opportunity to speak at the hearing and can elaborate on that point directly to the Judge.



It's very interesting that software is available to resolve this. Do you have any further info or sources on that? I'd like to have a couple of additional key points to be able to ask BD Legal's representative during the hearing that would express further doubt in their actions and this could be a good one.


Coupon-mad, I took great pleasure in using their costs schedule and witness statement as templates seeing as there was no mention of copyright on any of it. That's the benefit of people using Word to then create a PDF - it's very easy to convert back to Word.

... and there you have it. The bit in bold is exactly what you need to say.

As for ANPR, Bristol Airport is one example.

Barrier controlled in and out.
ANPR camera records VRN on arrival, ticket issued and barrier raised.
Insert ticket in pay station before departure and pay proscribed amount.
Ticket returned to motorist.
At exit, ANPR reads VRN and barrier raised if correct fee already paid.
If no fee paid, or VRN not recognised, or grace period exceeded, barrier won't raise. Take ticket to operator's help desk.

It is impossible to get out unless the ANPR system has read the VRN correctly and a fee has been paid.

I believe this is used at Heathrow T4 and probably lots of other places as well.