CEL Defence

Loadsofchildren123

No evidence the times on their ANPR cameras are synced with the machine but I don't suppose there is any evidence of that

Just make it clear that driver NOW understands about the 10 minute window but didn't at the time.

DeBanker

Loadsofchildren123 wrote: »

No evidence the times on their ANPR cameras are synced with the machine but I don't suppose there is any evidence of that

Just make it clear that driver NOW understands about the 10 minute window but didn't at the time.

Sure, I have tried to amend Para.8:

The charge is an unenforceable penalty based upon a lack of commercial justification. The Beavis case confirmed that the penalty rule is certainly engaged in any case of a private parking charge and was only disengaged due to the unique circumstances of that case, which do not resemble this claim. The Claimant has sustained no loss. Parking was paid for over the entire period in which the vehicle was parked. The charge is an unenforceable penalty based upon the arbitrary imposition of a 10-minute period to buy a ticket, return to the vehicle and display the same. Only now in the Schedule of Information, attached to the Particulars of Claim has this been communicated to the defendant, to whom the driver was unaware at the time of such a time-window. The defendant took approximately 12 minutes. The defendant avers that if a breach, it is de minimis.

Loadsofchildren123

Looks good although rather than "to whom the driver was unaware" I think it should be "of which the driver was unaware"

Loadsofchildren123

Can you put in a sentence saying that you put them to full proof that the machines are time synced with the cameras and that the driver was actually 11 minutes over?

Loadsofchildren123

And that that syncing was last checked. According to BPA CoP they must keep meticulous records of this type of thing.
And you can expand on this in your WS. The defence must make it clear that you put them to full proof that their machinery is accurate.

Coupon-mad

Good point LOC123.

The ANPR cameras are a separate system to the machines.

DeBanker

Update:

Just received my Notice of Transfer of Proceedings so awaiting further details.

Hopefully they think again.

Coupon-mad

Yes, they are still discontinuing well-defended cases, usually shortly before they would otherwise pay a hearing fee.

DeBanker

Update.

The date has now surpassed for them to pay the final hearing fee but I am disappointed to hear the court will more than likely write to them for an extra 7 days extension (nice money making scheme).

I have spoke to my local court to where it has been allocated who have confirmed that no such fee has been paid and I have not received a witness statement from the claimant however I should still continue to provide my witness statement and any evidence.

As I have just over a week left to supply this I will be doing it today.

Coupon-mad

Prepare a costs schedule as well, and word the end of your WS to ask that, should the claimant now discontinue as they reportedly do every time a consumer defends well, you ask that the Court orders that the Claimant do pay your wasted costs.

Make the costs sum nice and large, several hours at £19 per hour (read sassi's version, who got an amazing £1500!). Keep your between £100 and £400, break everything down like sassi did, piece by piece, not vague costs, and IMHO your costs might be agreed by the Court.