Parking Charge Notice - Calder Park, Wakefield - Help

shaftonred

Sorry but could someone assist as I havent been able to find anywhere about mediation and whether I should agree to it being referred to mediation or not?

Redx

read the BARGEPOLE links in that NEWBIES FAQ sticky thread, post #2

you willl be referred back there EVERY TIME you ask about something already covered, especially if people like BARGEPOLE posted an FAQ about it some 2.5 years ago

there is very little if anything that isnt covered in there somewhere

ps:- at the moment you are dealing with the government office called the CCBC in Northampton, not the claimant, so no idea why you would think that the claimant would "drop it" after the defence was emailed in (that triggered this next stage)

this will be decided if and when the claimant pays a court fee (or not) AFTER you have completed the next stage that you currently have in your hands

the defence was NOT the only thing you have to file, you must do this next stage too, then the claimant will see your defence and your wishes once a local court to you has been allocated (and a judge I assume too)

shaftonred

Redx wrote: »

read the BARGEPOLE links in that NEWBIES FAQ sticky thread, post #2

you willl be referred back there EVERY TIME you ask about something already covered, especially if people like BARGEPOLE posted an FAQ about it some 2.5 years ago

there is very little if anything that isnt covered in there somewhere

Appreciate that but i have read through it and couldnt see the answer which is why i asked.... not to worry I will assume the answer to be no unless I can find it

Redx

shaftonred wrote: »

Appreciate that but i have read through it and couldnt see the answer which is why i asked.... not to worry I will assume the answer to be no unless I can find it

its about halfway down post #2 so you clearly havent digested it as its a lot to read

look below this part

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

shaftonred

Ok so I have had acknowledgment from the court and they have selected my local court in Ipswich as the chosen one for this to be heard at.


I have recently received an email from BW Legal asking for a copy of my defence. Is this something that I should send to them considering that they havent sent any of the information which I requested such as contract with landowner, invoice for services, etc? My first instinct was to inform them that this had been submitted to the courts and as they werent providing me with the requested information then I wouldnt be sending this to them direct but thought better against it until I had checked with the experts.

Le_Kirk

Check out this link (number 4) for the walk-through on court cases.

Redx

I dont see any problem with emailing them a copy of the defence as it is on file with the court anyway (and they should have received a copy from the court)

you could reiterate that you want all the information and evidence you requested, as a SAR if necessary

if they refuse or ignore this, send a SAR on or after 25th may 2018 to the claimant and to BW LEGAL under the new DPA law called the GDPR , which is free after that date

bymlht

Hi shaftonred - I have had a similar PCN from Calder Park and have had correspondence from BW Legal. I wish to know if you have got on any further (e.g. won your case!) since it is May since your last post - thanks

waamo

bymlht wrote: »

Hi shaftonred - I have had a similar PCN from Calder Park and have had correspondence from BW Legal. I wish to know if you have got on any further (e.g. won your case!) since it is May since your last post - thanks

They haven't been back since their last post so probably won't see your message.

If you need assistance start a new thread for your own bespoke help.

shaftonred

My court date has been confirmed for the 13th September, in the last week or so I have had BW Legal asking if i would settle out of court of which I have declined.








However i saved my witness statement to a flashdrive which has subsequently decided to stop working and I am unable to recover. So having frantically typed up a witness statement I am hoping this is sufficient so that I can email and hand deliver this and the supporting documents this evening.



Having just returned from a 3 week holiday I find myself now needing to get somethinbg turned around today so need some urgent help (i have read the sticky list)
























So the questions I have is as follows and I appreciate your help in advance.
1) My witness statement is listed below, any suggestions? Am i allowed to refer to a document provided by the claiment within their witness statement such as the site boundry of their signs?
2) Parking Eye V's Beavis... do i need to print all of this off as reference with it being over 200 pages long?
3) I refer to the grace period within the IPC code of practice, can I just print this single page off and reference it or does it need to be the full document?




They have responded to my defence statement line by line within their witness statement received today which i guess will now come down to the judge.

Lastly they have advised that the client will not be attending but they are going to be represented by an advocate.... guess this is normal with it being 200 miles away?


Appreciate the advice..




In the County Court at XXX Claim No. XXXX
Between

Vehicle Control Services Limited (Claimant)

-V-

XXXX (Defendant)

---

Witness Statement

---

1. I am XXXX, the Defendant in this matter. I will say as follows:

2. I make this witness statement in readiness for the hearing listed for 13th September 2018 at 10:00am.





3. Within this document I make reference to various documents. These are in the paginated bundle marked “MH1”.





4. Before I describe what happened on the day I stopped on Calder Park, Wakefield, I confirm that the essence of my defence to this claim is that:
a. I did not breach the terms and conditions of parking
b. Even if I did breach the terms, the Claimant is obliged by the compulsory Code of Practice of its own Accredited Trade Association to apply grace period to park and read any signs so they make an informed decision as to whether or not to remain on the site. (Page 1 of MH1)


4. On 9th November 2016 I approached Calder Park, Wakefield, with the intention of getting fuel at the service station located within Calder Park. Immediately on exiting the roundabout from the main highway (Image 1, Page 2 of MH1) my phone started to ring with a call from my 11-month-old daughter’s nursery. With my Bluetooth not activated, I decided to head towards the first available safe point for me pull up and answer my phone.


As you can see in image 2 (Page 2 of MH1) the signs were placed directly at the approach to the roundabout where I needed to turn left and with a car directly behind me didn’t allow me enough time to read the amount of information detailed within the sign.


As I turned left onto the road having looked right on the approach for other traffic I noticed at the end of the road was a mound of soil which had been placed to signify the end of the road. Deciding that answering my phone in the grounds of the petrol station would not be safe and not wanting to park in the car parks of Starbucks or KFC when I did not intend to buy anything I decided to pull my car up at the end of the road in a position where no one would be obstructed. As the pictures on image 5 (Page 4 of MH1) show, this is the safest possible place to stop without causing any obstruction.


Worried about the reason for the call, I returned a very quick call to the nursery, which was over in a matter of 20-30 seconds before heading into the service station for fuel. My engine was running all the time given the short duration of the call, as there was never any intention of stopping following the call.


Approaching the road in question from the roundabout you can see in image 3 (Page 2 of MH1) that the first sign is located on the opposite side of the road in a low position which could easily be obstructed by any large cars, vans or trucks. Further, up the road in Image 4 (Page 3 of MH1) you can see one additional sign, which is again on the right side of the road and directly opposite the approach of the exit to the fuel station and Starbucks.


5. The signage, which Vehicle Control Services refer to within their Witness Defence and their letter, dated 25th November 2016 (Page 5 of MH1) were, in my opinion, located in locations, i.e. entrances to junctions, roundabouts, which in themselves could cause a risk to motorists trying to read their content. The locations of which appear to be placed in positions where drivers are likely to miss them through standard due care and attention whilst driving.


6. I refer to the video enclosed within the memory stick (labelled MH1 VD) which was a video taken within the last 6 months that clearly shows that the signs were located at points which would be very difficult for any driver to read whilst moving given the location and contents of the signs. In addition to this the locations shown on the sign locations within the site boundary (Page 6 of MH1) isn’t representative of where the signs are actually located as shown in my video. I have highlighted within this document the actual locations of the signs, which I have marked on an image taken from Google Earth. (Page 7 of MH1)



7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

Signature
Date