minster baywatch

Chelone_Owner

Hi Debs.c, just to let you know I've had a fine from Minster at Reel Cinema Port Talbot too, and I have a court date because I refuse to pay. Maybe we'll be there together! The fine was from a visit in August but my court date is in JUNE!!! Rediculous. Google Gladstones and you'll see what a shower they are.

debs.c

Hi than for reply, my date is July, I'm sending the documents a sap, please keep in touch

debs.c

Hi home at last after 2 operations, seems so unfair to have to deal with this but I ain't paying. I have a court date for July, gonna send documents , witness statement and relevant paperwork to court on Monday, do I need to know anything else please. Thank you
A friend is typing for mr

Coupon-mad

Show us your WS.

debs.c

Ok here it is, the top and ending include claim number layout....

1. The full details of. Witness...
2. On the date of the Alledged incident, Mrs X was also attending the reel cinema
3. Mrs X witness the defendant Mrs m struggling to reach the digital ticket machine to enter the vrn for evidence of parking
3. Mrs X also witnessed the defendant being assisted to fulfill the task .this evidence supports the defendants claim.

I believe the facts stated in this witness statement are true.

Is this enough?
My witness. Is now on holidays so I'm hoping it is!
Thank you,

Coupon-mad

So it seems to me you need to file two WS, along with a copy of your Blue Badge.

One Witness Statement should be yours, signed & dated by you, telling the story from your point of view including what happened on the day AND since, what letters were exchanged and the fact the PPC knows you are disabled and proved it early on in an appeal.

It looks as though the one you've shown above is your friend's Mrs X's own WS, so is that signed and dated? Hope so.

Can she attend the hearing with you as well, to corroborate your version and stress that clearly this is a matter where the parking firm failed to make a reasonable adjustment under the Equality Act and is trying to sue a disabled person for a 'charge' which arose directly as a result of a feature of the disability. That is unlawful.

debs.c

Ok , so i can use parts of my defence statement as my witness statement then
.? Yes Mrs X is able and willing to come to court and yes her ws is signed and dated whewww! I'll get onto it and post them to my local court, thank you

Coupon-mad

Yes, the WS is your summary of what happened on the day and since, so including all this but written in full sentences and signed/dated under a statement of truth at the bottom:

reel cinema, port talbot car park16/06/2015.. a member of staff pointed out the machine to me, as i am a wheelchair user i couldn't even reach it never mind use it as it was so high up, she assisted me but, my car reg was put in wrongly, i didnt notice this. then the letters started, i did acknowledge them, just this once, by email on 13/8/15 and explained my situation to ask for an appeal.

Attach evidence to the WS (yours), such as:

- a copy of your Blue Badge

- your friend's WS

- the copy emails you exchanged where you explained the issue

- the section of the BPA Code of Practice (it is the old 2014 version which applied at the time in June 2015) General Condition 16 'Disabled Motorists' and point 18.10 as well:

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2014_update_V5..pdf

and also point out section 26.1 and 26.2 and have that filed as evidence as well:

26 When parking charge notices must not be issued

26.1 The following vehicles must not be issued with a parking charge notice:

d) vehicles displaying a valid disabled (blue) badge when the landowner provides a concession for disabled people

26.2 If any vehicle described in 26.1 is issued with a parking charge notice, the ticket must be cancelled without payment being required, as soon as the operator is aware of the situation, and sees written confirmation or evidence of the circumstances.

debs.c

Thanx I'll get onto it, so do i also mention 'frustration of contract'.? Thought that was my defence?

Coupon-mad

It's already in your defence and is a legal argument so it doesn't need repeating in the WS.

A WS written by Bargepole recently had this as point #1

"The facts of the case are as set out in my defence, filed in response to the original claim and verified by a statement of truth. They do not bear further repetition here, but by this statement i now adduce evidence in order to prove my case"

This directs the judge back to your defence as the main guiding document. You can do the same.