County Court Claim Regarding Parking Tickets

System

Sounds like this Judge wants to deal with all parking charge cases as if Beavis applies carte blanche.

It's Devere and Bournemouth court. The honesty of the PPC will not be questioned, only the facts of the matter so it will be down to having a clear view of the issues.

SamSteel89

Thanks so much for the help guys and Coupon-Mad, that's last message gas been the most helpful so far with the references to cases that I should include. I will write up a WS asap and ask someone to read over it before I submit. Thanks again

SamSteel89

Coupon, I've typed up what i believe to be a skeleton argument draft. is there any way for me to message it to you for a quick review? i just need to finish my WS now. Thanks

waamo

SamSteel89 wrote: »

Coupon, I've typed up what i believe to be a skeleton argument draft. is there any way for me to message it to you for a quick review? i just need to finish my WS now. Thanks

Post it up here so several people can review it. There's nothing to be gained by hiding it, the parking company get to see it soon enough anyway.

SamSteel89

Ok I'll post it here. So this is just the Skeleton Argument, the last few examples of evidence contains photographs of the parking bays in question displaying only a sign that states 'visitor parking only' and a lack of entrance signs. I have also included a letter from the DVLA showing that Devere did not request the registered keepers information for the first ticket, only the second. The PACE v Lengyal transcript will also be included. The evidence orders will change as I complete my WS

SamSteel89

The layout also differs from the Word document when pasting on here:


Skeleton Argument

ParkingEye Ltd v Beavis [2013] EWCA Civ 1639 Appended as evidence E.1

18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area.

ParkingEye Ltd v Beavis [2013] EWCA Cive 1639 Appended as evidence E.2

28.1 A driver who uses your private car park with your permission does so under does so under a license or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver!!!8217;s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use sign that make it easy for them to find out what your terms and conditions are.

Parking Eye Ltd v Beavis [2015] EWCA Civ 402 Appended as evidence E.3

2.2 Signs must conform to the requirements as set out in schedule 1 to the code.

Part E states that signs must:
Have clear and intelligible wording and be designed such that is clear to the reasonable driver that he is entering into a contract with the creditor or committing a trespass as the case may be.

IPC Code of Practice Appended as evidence E.4

Entrance signs should:
a) Make it clear that the motorist is entering onto private land.
b) Refer the motorist to the signs within the car park which display the full terms and conditions.
c) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the jurisdiction within which your company is registered.

IPC example of Entrance Sign Appended as evidence E.5

Photograph of Entrance to East Cliff Manor Visitor Parking Appended as evidence E.5

Photographs of East Cliff Manor Parking Bay and Sign Appended as evidence E.6

PACE v Lengyal (2017) Transcript Appended as evidence E.7

DVLA Letter Regarding Devere!!!8217;s Request for Information on Vehicles Owner Appended as evidence E.8

nosferatu1001

Do the WS first. That must be submitted first.

AFTER you get their WS, then you can add to your skellie by showing how their claim is flawed / not proven / as well as sumarising your defence.

SamSteel89

Oh so does the Skeleton not need to be submitted until I go to the hearing? The problem is, the judge hasn't even asked me for a WS so I doubt I'll be getting one from Devere. Also, it is now less than 14 days until the hearing but I've heard people mention I can submit up to 7 days before?

The_Deep

Hang on, is this not a residential claim. Whyn no mention of the lease/ASY, why mention Beavis. Have I missed something?

nosferatu1001

SamSteel89 wrote: »

Oh so does the Skeleton not need to be submitted until I go to the hearing? The problem is, the judge hasn't even asked me for a WS so I doubt I'll be getting one from Devere. Also, it is now less than 14 days until the hearing but I've heard people mention I can submit up to 7 days before?

Wait, this doesnt make sense

EVERY court hearing document tells you a SPECIFIC time period by which documents must be exchanged. This MUST include your WS plus ANY documetns you rely upon. Usually this is 14 days before

Check your court hearing documetn, the one setting the date and saying when the C had to pay the fee by. Somewhere on that document - G;'TEED - it will tell you this date.

You MUST send in a WS ASAP. Draft it here.

Skellie is done a couple days before the hearing. You have not been reading post 2 of the newbies thread where this is CLEARLY set out.

If the C hasnt sent in a WS to you, CALL THE COURT. ASK THE COURT if they havea WS yet, and state you dont have one.