County Court with Smart Parking

emski15

DONE! Thanks Coupon-mad

emski15

Just an update, heard from the solicitors today, SP are pursuing the claim.

Fruitcake

timpster wrote: »

Yes she is, I can usually get these stopped with the first appeal but the invoice appeared over the Christmas holidays so we missed the popla deadline by one day as we were both away but overlapping.

I have sent a very robust response to the LBC asking to clarify certain details and state their claim on my mums behalf.

The 14 day deadline passed 2 days ago and as of yet we have heard no response.

You should mention when you have your day in court that only allowing 28 days to appeal to PoPLA is a breach of the Alternative Dispute Regulations Act (ADR) 2015 which says that ADR should be allowed for not less than twelve months.

Court could and should have been avoided if PoPLA didn't ignore the will of Parliament.

emski15

timpster wrote: »

My mum has just had the LBC for the same car park, I have pictures of the signs in place before they were removed if you need them.

Hi Timpster, I am in court in a few weeks, could you possibly send me the pictures if you still have them. I need to send all my documentation to the lawyers and courts this week.

Many thanks.

emski15

Hi, despite my best efforts (and yours), I now have a court date and need to provide my defence evidence to Smart and the courts.

I have no idea where to start!

I have stated poor signage (it was dark and rainy and none of the signs are illuminated, AND small print). Do I need to print out 2 full copies of the IPC CoP and send to them both? I have also quoted the Claimants Trade Association CoP, will I need to print off 2 full copies of this as well?

Can I email my evidence to the courts and Smart as I'm short on time?

I really don't want to lose by making a small error this far down the line!

Thanks in advance.

PS. I should probably add, I've read the newbies post down to the court references and followed the links, but I am still at a loss. I'm recovering from glandular fever so my mind is not fully functional.

Lamilad

When does your bundle need to be sent - What is your court date?

emski15

3rd October so I need to email it tomorrow. I wouldn't have left it to the last minute if I hadn't been so ill.

Do I need to include a witness statement from myself? How do I layout the evidence?

Umkomaas

Everything you need relating to dealing with a small claims court claim is contained in the NEWBIES FAQ sticky, post #2.

Please read and go through it thoroughly - that should be your Bible as your case progresses.

Coupon-mad

I was issued with a PCN from Smart Parking in December 2016. I parked on Matalan car park for 16 minutes and thought parking was free after 6pm as it was before SP took over, and the local car parks still are. I appealed, foolishly admitted to being the driver, and very naively thought they would have compassion for a genuine error. I always buy a ticket,

Just bringing forward the reason for the PCN and the fact you've already said who was driving, which is probably why they are taking this further than normal. This is more of a struggle than it ever should have been, but we are where we are, and it is worth fighting.

Show us a simple WS that says what happened, and that there were not very prominent signs that alerted you to the change to the previous free parking after 6pm, which is contrary to the BPA CoP.

Show us as well, what evidence you intend to file with the WS - e.g. signage pics - even better, lack of signs in some areas which is OF COURSE the corner you stopped at...! Also the BPA CoP on grace periods and the BPA CoP on the requirement to clearly sign any new/change of restrictions so local drivers are alerted to a change they would not otherwise know to look for.

emski15

Thank coupon-mad. I quoted the BPA CoP on allowing a grace period when restrictions are in pace where none previously were.

Currently prepping for court. What exactly do I need to take? Should I have a skeleton argument and do I need 3 copies of everything for the judge and claimant?

Thanks again all.