Help Please! Parking Fine County Court Pack

pandorapandora

Brill, thanks Keith!

Coupon-mad

I like those videos, KeithP!

The only issue is that when forumites are turning up for PPC cases, I don't advise them to try to settle/speak much to the other side's rep, and certainly not take papers from them that might be foisted last-minute (say no).

The only useful conversation to have if you are up for it and a robust person, might be to find out if their rep is likely to have Rights of Audience (usually not...) which can be challenged in front of the Judge:

https://forums.moneysavingexpert.com/discussion/comment/74171638#Comment_74171638

https://forums.moneysavingexpert.com/discussion/comment/72978085#Comment_72978085

HTH

pandorapandora

Hi Coupon-Mad

I've slightly jigged my Witness Statement (and it now says witness rather than defence), adding a couple of final points - can you please let me know what you think?

Also, should this statement include responses to their statement or the issues around Particulars of Claim etc from my defence? Is there anything else you think I should add? My defence quotes Beavis and their statement (provided above) responds to this and refers to another case too.

I have tried to remove all apostrophes so it doesnt mess up on here, so apologies for grammar in that respect!

Many thanks

DRAFT 2

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge, they are true to the best of my information and belief

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. I assert that I am the registered keeper of the vehicle in question in this case. I was the driver and on XX/XX/XX parked on land at XXXX, which is private land on which the Claimant operates, and purchased a Pay and Display ticket in cash from a machine on site, valid 11:08 to 14:08 (as per the photograph provided in evidence by the Claimant).

4. At XXXX I called the Claimants premium-rate telephone number within plenty of time of the ticket!!!8217;s expiry (see document XX from XX/XX/XXXX, an email from XXX at XXXX, my then mobile telephone network provider, evidencing that at 13:41 on 17/12/2016, I called the Claimants Parking Line on XXXXXXXXX for a call length of 5 mins 43 seconds, and document XX from Google, evidencing that the telephone number on my evidence from EE is/was the telephone number of the Claimant) to seek advice and instruction on if I could extend my parking ticket remotely or if I needed to head back to the car before the 14:08 expiry time. The Claimants representative assured me that I could top-up my existing ticket. I provided my location to the representative as !!!8216;their car park between XXXXXX Street and XXXX Street!!!8217;, as the main entrance with large signage, A-boards and arrows is on XXXXXX Street (see document XX from Google Maps and the photographic evidence provided by the Claimant), but there is another entrance on XXXXX street where !!!8216;IN!!!8217; is written on the wall in paint (see document XX from Google Maps and from the Claimant).

5. The Claimant!!!8217;s telephone representative asked me to read out my debit card number in order to make payment. As I was in a very busy public location in Manchester City Centre and concerned about possible identity theft, I asked if there was an alternative payment method, and was given a five-digit location code - which I double checked with the representative !!!8211; along with instruction on how to make payment via their website.

6. On accessing the payment website advised by the Claimant, I was prompted that my email address was registered already for online payment and I needed to enter my password. I had no idea what this password was, and requested a password reset SMS text message, which I received at 13:34, over half an hour before the car parking was due to expire (see document XX), still before the expiry of my parking. I then used the website link from the SMS to access the Claimant!!!8217;s provided website and complete my payment as instructed.

7. On returning to my car within my extra hour, I found a yellow plastic folder stuck to my windscreen containing a Charge Notice. I presumed that the Claimant had seen my windscreen expiry time of 14:08 and issued this without cross-checking their online system, and thought nothing of it.

8. I was very busy in my new job at the time and with Christmas the following week I forgot all about it until I received a letter titled Final Reminder from the Claimant dated 08/03/2017 asking for payment of a fine. I responded via email on 24/03/2017 (see document XXX) explaining that I made full payment for the time parked on their land, firstly via Pay & Display and subsequently online as instructed by their Company representative via telephone. I also enclosed a photo of the password reminder SMS from the Claimants Pay By Phone service received at 13:34 17/12/2016, a photo from my bank statement showing payment, and a photo of my payment on the Pay By Phone website.

9. I received another letter from the Claimant dated 22/05/2017, with increased fines and urgency, and no reference to my requested email. I telephoned them from my office on 24/05/2017 to ask why they had sent another letter when I had already responded to their previous, and was advised to forward this email to them again at the same email address, which I did on 24/05/2017, along with the photographs attached to my previous email. (see document XX). I had never received such letters in my life and these made me very anxious.

10. I received no response to the email the Claimant requested I resend. The next letter was from the Claimants solicitors, Gladstones, which I acknowledged in writing on 24/07/2017 (see document XX), providing documentation backing my account.

11. The next letter I received from Gladstones advised that though they could see from my evidence that I had made a payment, the wrong party had been paid for parking rather than their Client and court proceedings were subsequently commenced.

12. During this court process, I contacted the Pay By Phone service used by the Claimant to ask, out of curiosity, which street the 5-digit location code of XXXXX, provided to me by the Claimant!!!8217;s representative on the day of the incident, actually related to. They confirmed this code as being for Manchester City Council on-street parking bays on XX Street, the same street as the Claimants car park main entrance as per their photograph and my photograph from Google Maps (see document XX). This code is not similar to the location code of the Claimants car park XXXXX as seen in their photographic evidence, and so could not have been a typing error on my part.

I believe the facts stated in this Witness Statement are true.

pandorapandora

Just bumping this to see if anyone can give me some advice on my draft of my Witness Statement above?

Many thanks

pandorapandora

Hi all

My court date is at the end of next week - I haven't counter claimed for any costs if I win - how do I go about this please? I have seen the post mentioned above from Sassi about the costs they claimed. I was advised to submit 3/4 days before which would be Monday/Tuesday next week - how do I do this, what costs are reasonable to ask for?

Thanks

nosferatu1001

Costs are not a counter claim. They are a normal part of the claim

Have you carried on referring to post 2? THat shoudl have links to costs schedules. Send in your scheudle a couple days before teh hearing.

You have ordinary costs - half day loss of pay OR LEAVE, capped at £95, mileage and parking
Then yo uhave unreasonable costs - which again you can find out.

pandorapandora

Thanks Nosferatu - I'll go through Post 2

pandorapandora

Hi all

My case with Gladstones is tomorrow PM - I've got two copies of my Witness Statement and evidence photos, proof of sending, proof of postage and have put all my docs in a file, numbered the pages and made myself a Contents page so I can find everything quickly. I've also got a copy of their WS and their photos.

I am super nervous! Is there anything else I should take? Any other prep I can do now that might help me tomorrow?

Thanks all for all your help!

KeithP

pandorapandora wrote: »

Is there anything else I should take?

Your costs schedule.

bargepole

pandorapandora wrote: »

Hi all
I am super nervous! Is there anything else I should take? Any other prep I can do now that might help me tomorrow?

Manchester Court is a large building with lots of floors and lots of hearing rooms. Make sure you know where you are going - I think this is your case:

In the County Court at Manchester

Thursday 3 May 2018

Before District Judge Obodai (with Deputy District Judge Masheder, Deputy District Judge Hamlin & Deputy District Judge Nassar)

Court 18 - Level 4

2:00 PM

D1GF83MQ SIP Parking Ltd -v- P******** 2 hours