ES Parking Enforcment Ltd Ticket face down charge notice

meagainin

They can't have it both ways though, surely?
It's either a common problem they're more than aware of or it hardly happens as per the witness statement provided for Claxtome's case.

nosferatu1001

Its well worth introducing that the cliamant appears to find two conflicting reaosns for the flimsy tickets, both signed under a statement of truth, so you will reqiure the witnesses attendance so they can be questioned on this obvious conflict.

meagainin

Could I include this in my skeleton argument when it hasn't been included in my witness statement? As it's their own witness statement, they can hardly say they weren't aware of the contents.
Would it matter thst I don't have the case number of the other witness statement.?

Coupon-mad

It would matter, you would need the other WS and a copy of it, and the claim number.

claxtome

It would matter, you would need the other WS and a copy of it, and the claim number

I can provide this if you think it is the best thing for your case

meagainin

Hi Claxtome, I'm hoping ESPE will discontinue my case as they did yours and Billingham's but just in case it goes to court, it would be something else to challenge them with.
I'd be very grateful if I could include this in my skeleton argument.

claxtome

Hi Claxtome, I'm hoping ESPE will discontinue my case as they did yours and Billingham's but just in case it goes to court, it would be something else to challenge them with.
I'd be very grateful if I could include this in my skeleton argument.

I will dig it out, re-scan it if necessary, and PM you a link to it.
If you want the original physical copy then PM me and see whether we can meet up OR can post to you....

meagainin

It's not been discontinued yet so I'm going to hand in my skeleton argument at the court on Monday whilst I'm in the area.
A link would be brilliant, thank you.

claxtome

Just PMed you a link to the witness statement in my case.
Unfortunately just discovered the person who wrote the WS in my flipped ticket case is different to yours. Should have checked more carefully.
(My other ESPEL case '1 Big car park, 2 landowners' case wrote the same witness as yours)

I am so sorry for wasting some of your time and forums time

However the fact remains, and hope can still be used somehow that 2 different employees of the same company stated different conflicting arguments for flipped tickets (slight reword from post #89):

In Claxtome's witness statement they say 'The fact that there is no adhesive on the reverse side of the ticket is irrelevant and does not impede on the Defendant's ability to display their ticket accordingly. Had this have been such an issue, my Company would have issued far more parking charges for this reason, which has not been the case' (Paragraph 11 on Claxtome's witness statement).

But in the witness statement I've received, a different person stated 'It is an integral part of the parking scheme that a valid ticket is displayed as otherwise, the scheme would be unmanageable. If my company were to waive one charge on the basis put forward in the Defence, it would open the floodgates to the waiver of many more charges making the parking management process put in place entirely redundant (Paragraph 10)

I think it gives good reason to request the witness to attend at court so you can ask them about this and how many tickets have been issued for the same type of offence.

meagainin

Just had a phone call asking me to settle.