Please help with statement of defense

[Deleted User]

Excellent. Then there is not just anecdotal (need for rubble) to show this is confusing, but actual evidence it was confusing. Do witness statements for one another.

Kezza15

Didn't know we could do that, I have already submitted my evidence. Court date is next Friday. Is it too late to add? I'd be happy to do for them.

[Deleted User]

It is really. Obviously the defence doesn't reference the confusing nature of the layout. I assume your statement does eg. Referencing both signs?

In your case, where the supporting docs obtained on the other thread are now (presumably) too late for your statement, I would be appending them to a letter and asking the claimant to discontinue on the basis that their signage is clearly misleading.

Put them on notice that you require their company employee to attend (assuming one has given a statement) and address the following questions:

1. How many other tickets are pursued by them where the defendant is said to have complied with conflicting signage and/or to be confused by their signage

2. Whether they have taken any steps to prevent drivers from entrance A parking in area B (and vice versa).

The point is that the claimant should not profit from their negligent failure to zone two adjacent car parks. If this was not an issue, they would not have now taken action as they have after the event.

Kezza15

Thanks so much Johnersh. I'll get cracking with this and hopefully get it done in time. The map they have submitted as evidence doesn't actually show any border between there's and council land so according to their own map My ticket should have been valid. It seems like they just roll out the same old stuff for every claim.
This site has been a godsend and i thank everyone who has helped or given a positive comment. Hope the result reflects it too.

[Deleted User]

The map they have submitted as evidence doesn't actually show any border between there's and council land so according to their own map My ticket should have been valid.

Nice. In which case, given that their statement is presumably verified with a statement of truth, one can legitimately argue that

(a) you bought a ticket from a machine within the boundary of the plan which is said to be the Claimant's parking site. The Claimant must therefore prove why the ticket displayed was not valid;
(b) if the Defendant is unable to specify or delineate any boundary on a plan, it is both understandable and inevitable that they failed to do so in the carpark;
(c) the Defendant should not be liable for any parking charges where a parking ticket was paid for in accordance with the contract on site or, in the alternative, where the Claimant through their own failure to display signage has incurred a loss; and
(d) where there was no distinct signage, the Defendant entered the site which displayed conflicting signage/contract terms and complied with them, the Defendant cannot be deemed to have agreed to any terms of parking specific to the Claimant (i.e. distinguishing Vine v London Bor. of Waltham because the Claimant's signs (if any) were neither sufficient in number or sufficiently distinct from those complied with).

claxtome

I have just managed to re-read this thread. A lot of what is in this thread is good advice for my similar 'Big car park' thread.

I will be happy to do a witness statement for you Kezza15 (sent 2 private messages today) and likewise would welcome one from you for me. Although the deadline for witness statements was a long time ago for mine. I would like to thank all who are helping Kezza15 and would particularly like to thank Jonersh as a lot of the posts of yours are golden nuggets for my Skeleton argument I am working on.

My day in court is not for just over 3 weeks but have been tied up with two other threads to concentrate on it until next week.

My thread has had so much good advice and I can send you anything you think would be useful for your case.

Kezza15 my question to you is ->
Was the day in question for you last year and not much after 31 October?
(October 31st was when the big car park managed by ES Parking became 2 car parks and the council owned area ceased to be managed by ES Parking and the council took back the management of parking of their land)

The FOI I sent to the council told me the above and also said the fence was erected 'soon after'.
I know it was still there about 3 weeks later (when I got my ticket) and didn't get erected, along with rubble, until early 2017. The same FOI said they didn't know who/why the rubble was put there.

claxtome

For the costs you can claim I suggest you scroll down in NEWBIE thread post number 2 and you find->

Here's how Bluetoffee1878 did it:

http://forums.moneysavingexpert.com/showth...88#post72966188

and LoadsofChildren123 wrote a longer version that she links here, to reclaim costs after a discontinuance:

http://forums.moneysavingexpert.com/showth...88#post72799488

Kezza15

Brilliant, thank you for the costs info. I wasn't sure what to do for this so I'll have a good read of that. My ticket was Jan17, a lot of people at work use the car park also and they had no idea it was 2 separate ones until I got the ticket.
Thanks again for your help and encouragement ����

claxtome

I wish you good luck tomorrow at court. Go knock them dead.
You have a good defence with many arguments.
Just remember the Judge is not a god he is just a normal person who like everyone else has to go to the toilet.
(My dad always said when I was going to an interview remember they have to the toilet just like anyone else hmmm)

Kezza15

Thanks so much mich, that made me smile. With moving house I've had no time to add anything to my argument but feel less nervous and just keen to get it over with. Hopefully get a good result, as much for you guys as for me. I will let you know how it goes. Thanks again for your help and encouragement.