pcm parking ticket but disabled

nosferatu1001

Indeed, its GS usual rubish WS

Look through it for obvious signs hat the "witness" was no such thing - signs of templates being merged, referenes to places that dont exist, inconsitencies etc. Anything that casts doubt on teh WS is goden, as when their "witness" isnt present to be questioned, you can ask the court to stirke the WS as being unreliable.

daffas6688

I have been through their witness statement which is full of quotes. My main worries are they are using court case themselves one Parking Eye v Beavis. Saying in that case it was accepted as an established principlethat a valid contract can be made by an offer in the form of the terms and conditions set out on the sign, and accepted by the drivers actions as prescribed therein. I know this is all to make me worried and at the end of the day they need to prove I knew there was a sign and what was on it. I could perhaps post their WS on here minus the sensitive information? They include their contract with the estate management giving them permission to enforce parking charge notices. They point out that VCS v H M Revenue and Parking eye v Beavis made it clear that a contracting party need not show they have a right to do what they have promised in the performance of a contract etc ( Confusing me with jargon )
I would appreciate it if someone could give me advice in which sections to quote from in the three court cases I have used in my own witness statement namely , Vine v Waltham Forest, Jopson v Homeguard Services, and V C S v Ibbotson. The closer it gets to the court date the more sleep I am losing. Can them putting my name slightly wrong throw the case out lol. If only it was that simple.

Coupon-mad

I could perhaps post their WS on here minus the sensitive information?

Yes please, but we are not the slightest bit interested in this rubbish:

they are using court case themselves one Parking Eye v Beavis. Saying in that case it was accepted as an established principle that a valid contract can be made...

nor this:

They point out that VCS v H M Revenue and Parking eye v Beavis made it clear that a contracting party need not show they have a right to do what they have promised in the performance of a contract etc

Don't care about the above, thanks, that's template twaddle. Of course we know about the Beavis case, we followed it when it first started and it doesn't mean all parking charges are valid (how come we win 99% of cases here, then?!). It seems they are not being truthful and we don't want to hear about making a contract to sell Buckingham palace, ta very much. Drivel!

I would appreciate it if someone could give me advice in which sections to quote from in the three court cases I have used in my own witness statement namely , Vine v Waltham Forest, Jopson v Homeguard Services, and V C S v Ibbotson.

They are a cinch to read - you've got the transcripts - surely you can see the relevant parts? They aren't even written in legalese, for the most part.

daffas6688

Their WS doesn't really have that much in apart from the blurb you don't want to see, photos, their original contact with me and me with them. I have tried to add the stuff that is left with without sensitive information but for some reason I cannot copy and paste it as my pc not letting me do so. I will try to remedy and send in the next reply. I have read cases I have used in my statment and found relevant pieces . Thank you

daffas6688

My scans too big to post for some reason even though made smallest. I am going to have to write down word by word if I can't remedy

daffas6688

I am the Employee of the Claimant Company (nmy Company) and I am duly authorised to make this statement onits behalf. The facts and matters set out in this statement are to be true.Where i refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to best of my knowledge and belief.
Exhibited to this witness statement at 'GSL1' are following which my Company wishes to rely on;
The agreement authorising my company to manage parking on the relevant land.
The sign(i.e. the Contract)
The Site Plan
Notices
Photographs of the incident
The defendant is liable for a parking charge relating to the parking of a vehicle on the Relevant land in a manner so as to incur the same pursuant to the Contract

daffas6688

My company rejects any arguement that the Defendant did not see the sign.It is evident from the site plan that there are sufficient signs.
What is more, without concession, even in the unlikely event the Defendant didn't see the signs I submit they ought to have done so.As Lord Justice Roch observed in the court of appeal case of Vine v London borough of Waltham Forest

daffas6688

Further , the photographs evidence the defendants vehicle parked after one of the company's signs and therefore, I respectfully submit that the defendant's headlights would have been directly on the sign and in the Defendants line of sight and parked upon the Relevent land and therefore I do not believe that lighting is an issue.
The signs and the site plan are audited and approved by an accredited trade assosiation within the parking sector
My company relies on the case of Parking Eye v Beavis . In that case it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and condtions set out on the sign, and accepted by the drivers actions a prescribed therein

daffas6688

The signs on the land are clear and unambiguous. By parking in the manner in which they did, the charge was properly incurred.
The defendant appealed the parking charge and the appeal was rejected. The blue badge handbook provides guidance when parking on private roads,like in this instance, it advises disabled badge holders to not park unless permission has been given which it was not.

daffas6688

As the contract is between my company and the defendant, my company does have authority to enforce parking charges. However , both VCS v HM revenue and customs and parking eye v Beavis made it clear that a contracting party need not show they have a right to do what they have promised in the performance of a contract, nor is ( in the case of a parking operator)the agreement between Operator and Landowner of any relevance. In any event , and without concession, the Agreement exhibited to this Witness statement evidences mt company's authorisation to operate / manage the relevant land on behalf of the landowner