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Will they go to court or not? - Page 23

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Will they go to court or not?

edited 10 December 2017 at 12:44AM in Parking Tickets, Fines & Parking
257 replies 15.9K views
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  • SystemSystem
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    Prove the treatment and the cancer diagnosis and just expand upon the after-effects in the WS and specify if she is on any medication for anxiety. The you explain how the effect on her daily life (physically and mentally) has continued for xx months since her chemo/radiotherapy and is unlikely to disappear within 12 months, therefore her protected characteristics meet the definition of disability under the EA.

    While it will be heartfelt no doubt, the court rules look for evidence from a medical practitioner such as a GP. If there is a recent GP letter
    but to demonstrate those facts with evidence, is difficult.

    All court decisions are evidence led so either get some, or leave it out.
  • edited 7 July 2018 at 1:03PM
    rizla01rizla01 Forumite
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    edited 7 July 2018 at 1:03PM
    I think I will have to skip that angle anyway as getting evidence from my Daughter is going to prove difficult.

    She doesn't like the subject even mentioned so getting her to dig up records isn't a good idea perhaps.
    Lets just hope that the facts of the case are sufficient.
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
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  • edited 9 July 2018 at 4:19PM
    rizla01rizla01 Forumite
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    edited 9 July 2018 at 4:19PM
    I am trying to put together a defence for an 'On Paper' hearing and am needing a little guidance.
    Most defences I have seen are fully numbered and in order but as a lay-person, wouldn't a general defence letter go down better or do I need to follow strict procedure?
    Here is a sample of my defence and i am very unsure how to work out the bits to extract and how to lay it out.
    Any help her would enable me to move forward a bit - Thanks.


    ..
    .................A few days later I received notice from Parking Eye Ltd informing me that I had apparently over stayed my permitted parking time of 2 hours by 18 minutes. I was very surprised to receive this as I was not aware of any parking limitations in that car park. I returned to the car park the following day to see how it is possible I could have missed that.

    I parked up in the same bay that I used when I visited on the 19th and was not immediately aware of any signs relating to parking at this spot and I then walked all the way back to Matalan and although if actually looking for the signs, I could spot them, if you bear in mind I had three young girls in tow, it is not surprising that they were missed. There are no signs nearby the route that I took.

    They are certainly not immediately obvious as I understand they are required to be, according to the BPA Code of Practice which I understand all Parking Companies such as Parking Eye Ltd have to abide by. I also note that the !!!8216;Grace Period!!!8217; allows for stopping and reading and digesting of rules and regulations as well as a reasonable time to be given to exit from the car park. Surely my 18minutes would not exceed the permitted time allowed and if you also take into account that I actually left the parking area approx 25 minutes before the exit photo was taken as I believe the area that is KFC is outside of the parking zone since it isn!!!8217;t a shop, there are no parking bays and certainly no signage claiming it as the parking area related to on the signs in the car park.
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
    Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))
    Women and cats will do as they please, and men and dogs should relax and get used to the idea.
  • KeithPKeithP Forumite
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    When you wrote your opening post in this thread, early last December, this was already a defended case.

    Can you please remind us why you are now writing a Defence?
  • edited 9 July 2018 at 6:52PM
    rizla01rizla01 Forumite
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    edited 9 July 2018 at 6:52PM
    CM, I really am going to need a bit of help here. I know that you are busy but I am totally lost.

    So much so that I feel it would be easier to throw myself at the mercy of PE and see what they wil accept because what I seem to be reading is that I wil be wasting my time defending it and from what I can tell my (Her) witness statement needs to include all the correct terminology and citing various cases and I dont have a clue where to look.
    If you, or anyone else cant help then I understand.

    Is something like this example perfectly acceptable or should I refer to the various sections of the BPA COP
    I believe that this ticket was issued unfairly. I am not liable for the amount payable because:

    1.PEs own photographic evidence show it is near impossible to read the small wording on the sign, particularly at the height it is mounted at over 2 meters above the ground, with a non-functioning street lamp / no lighting at all.

    2.Entrance to the parking was “pitch-black” due to insufficient lighting, , making signs essentially hidden from view. I could not be bound by a contract I have not seen.

    3.Principle has demanded PE to cancel any charges, yet not adhered.

    4.The signage was not lit and any terms were not transparent or legible; this is an unfair contract, not agreed by the driver and contrary to the Unfair Terms in Consumer Contracts Regulations 1999.

    5. PE has also not proved authority of the landowner to issue parking charge notices - a requirement of the BPA Code of Practice, and Consumer Contracts Regulations 2013 to which PE must adhere. PE has not provided evidence to demonstrate authority to issue parking charges on this land in the form of a contemporaneous and unredacted copy of contract between PE and landowner.

    6. It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event. The signs were insufficient in terms of their distribution, lighting hence incapable of binding the driver, which distinguishes this case from the Beavis case.

    7. Unreasonable fine which cannot be justified as no such loss of earnings could have been accrued.

    8. Further, the charge is an unenforceable unfair contract with reference to The Consumer Rights Act 2015, para 62.4 - requirement of good faith that adequate notice was given to motorists of the ‘terms’. With reference to Schedule 2 Part 1 para 6, the charge is vastly disproportionate to any alleged interest and nothing other than a punitive sanction.

    9. It is submitted that the Claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. Strict proof is required of a chain of contracts leading from the landowner to this Claimant, to allow them the right to form contracts and to sue in their name.

    10.The Defendant denies that the driver would have agreed to pay the original demand of £60 to agree to the alleged contract had the terms and conditions of the contract been properly displayed.

    11.The Defendant has the reasonable belief that the Claimant has not incurred £50 costs to pursue an alleged £100 debt.

    12. Photographic evidence sent by PE was too dark to be able to tell the location of where the vehicle was parked and therefore could not appeal as defendant was not able to tell what place PE was referring to.

    13. The Court is invited to dismiss the Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.


    Statement of Truth: I confirm that the contents of this statement are true to the best of my knowledge and belief.
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
    Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))
    Women and cats will do as they please, and men and dogs should relax and get used to the idea.
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • Coupon-madCoupon-mad Forumite
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    from what I can tell my (Her) witness statement needs to include all the correct terminology and citing various cases and I don't have a clue where to look.
    No. The WS is the simple story of what happened in her words. Not 'The Defendant', but 'I did this'.

    You know, like all the WS examples in the NEWBIES thread post #2.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • QuentinQuentin Forumite
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    rizla01 wrote: »
    (Sorry if I didn't spot the examples of WS's in the 'Newbies please read' section but it would take half a day to find what i was looking for amongst that lot.:) ).....
    No


    The FAQ is split into 4 posts


    #2 covers court action in detail - including the witness statement
  • edited 11 July 2018 at 9:15PM
    Coupon-madCoupon-mad Forumite
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    edited 11 July 2018 at 9:15PM
    Sorry if I didn't spot the examples of WS's in the 'Newbies please read' section but
    it would take half a day to find what i was looking for amongst that lot.
    Are you joking?

    It's flipping easy. You are only reading the second post of it, I really do not get why anyone finds reading the sticky thread hard. I know I wrote it but you only need to read the court section (#2).

    You click on the links that say 'here's an example Witness Statement'. If it's that hard to read a few words, why not just have the NEWBIES thread open and do 'control & F' and put in the word 'witness' and get there that way? In less than one second...
    Also is it too late to claim costs for defending this case now because of the time it has taken Etc or should I have done that before now?
    Errrm...costs schedules are there too, in that second post, and when to file one (a bit later).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • UmkomaasUmkomaas Forumite
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    it would take half a day to find what i was looking for amongst that lot
    Wow! Any idea how much time regulars spend here every day of the year helping people with their problems, (none of their own)?

    Mrs U would be well pleased if I only spent half a day - almost every day for the past 5.5 years - dealing with this stuff.

    Mr Coupon would likely be even more pleased if Mrs C managed a serious reduction in her hours too.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • KeithPKeithP Forumite
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    rizla01 wrote: »
    So this is not a 'Defence' letter at all then CM?
    No it is not.

    You wrote the Defence last year.

    Why have you ignored post #230?
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