1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

Loadsofchildren123

Put the DVD in.


On the day, take a laptop or iPad with you, with a spare of the DVD to play, or with the video on the PC/iPad to play it.
Worst case, judge says "what does it show, do I really have to look at it?". You say it is only 1 minute long, it has been served on the Claimant, and it is very important - indeed it is the crux of your defence - because it shows:


1. that the 2 parts of the carpark are indistinguishable


2. that when you enter the council end with the council sign and machine these signs are clear, and there is nothing telling you that this applies to only part of the carpark


3. that when you pass from one part of the carpark to another, there is no sign or marking or barrier to tell you that it is no longer council-run but privately run and the council t&cs on their signs no longer apply, and no new sign telling you what t&cs apply. In fact, it is impossible to tell where the council t&cs end and the PPC's begin. it is therefore easy for a driver to enter into the council end, and proceed unwittingly into the "other" part of the carpark, and there is nothing to make it obvious at all that this is now managed by the PPC, with different t&cs and a different P&D machine


4. that the PPC's signs are woefully inadequate, there are just a couple (or 1?) of tiny signs high up on a lamppost which are not readable from any distance, and one sign saying "pay station" (and a reasonable person entering from the council end of the carpark would assume that the signs are the council's)


5. The video clearly shows in a visible way that no contract can have been offered by that signage.


If they refuse your DVD that would be grounds for an appeal

Kezza15

Have you heard anything yet Claxtome? I have finished my defence and feel happy with it but cant fit it in the online box on mcol!
Did you post yours?

Coupon-mad

You aren't meant to send the defence via MCOL, that's not what bargepole advises in the NEWBIES thread post #2.

claxtome

Kezza15 Still waiting to hear - waiting game ;-)

I posted my defence so the formatting is correct - make sure you get a certificate of posting and probably better to send it recorded delivery.
Have seen other threads suggesting to email it.

Kezza15

Good luck, hope you get a good outcome.
I am posting mine today.

claxtome

Received the Directions Questionaire - typical one for Gladstones. I know how to fill it out (read the newbie sticky) and will do this tomorrow.

Other things gleamed ->
1) Found out the landowner is Iliad by looking at planning applications.
2) The landowner has planning permission for it to be used as a temporary car park until 2021
3) There was planning permission for the signage on the day I parked but it has since run out on Feb this year

I am researching merits of->
1) a Part 18 request and/or a SAR to send to the Claimant (ES....) for photos taken of my car, signage in place on day etc.
2) a SAR to DVLA to check when they were contacted

Any hints/tips/comments are welcome

Coupon-mad

SAR to the PPC? Yes, even though you might need to pay £10 if they ask for that.

The DVLA do not need a SAR, just an email asking.

Loadsofchildren123

Rule 18 doesn't actually apply to small claims. However, many of the PPC solicitors don't realise this, so worth putting it in anyway.


I haven't refreshed my memory today, but the relevant part of Rule 27/18 (or the practice directions of the same number) say that in a small claim it is in the judge's discretion to order more information. So I think send the Pt 18 Request to the Claimant and at the same time send it to the court with a letter pointing out the relevant rule, explaining why the information is necessary (should have been produced before proceedings even issued under para 6(c) of the Practice Direction - Pre-Action Conduct) and is necessary for you to have a full understanding of the claim and to defend it properly, and asking the court to order the C to answer it.


I think the DQ you've received may well have been sent to you by Gladstones. In which case ignore it and wait for the court to send it to you. Gladstones do this, presumably to try to get you to do things quicker than you should. Just wait until the court sends it to you with an order saying the date by which you must return it.

claxtome

Thanks for the advice Loadsofchildren123 and Coupon-mad.

You are right the DQ was a copy of what as sent to the court by the PPC. I am waiting to receive from the court my official DQ form to fill out.

Kezza15

I have had this emailed to me as well. Nothing from the court yet so like you I will wait for that.