Court Claim - AoS Complete

Tommer123

Loadsofchildren123 wrote: »

Sorry, cross post - will look now at what you've drafted

Thanks. Though the version you just shared seems much more personable!

Le_Kirk

Tommer123 wrote: »

It took a further 14 minutes from this point in time for my vehicle to re-pass the automatic number plate recognition camera registering my exit from the premises. Due to the roundabout (shown in Image 8. Pg. 3 in attached photographic evidence) being notoriously difficult to get out of because of heavy traffic using Alexandra Road (passing from right to left), there were no vehicles to block this traffic thus allowing anyone exiting the car park to move onto the roundabout freely.

This is confusing to me; it seems like you are saying that because there were no vehicles passing from right to left, this allowed anyone exiting the car park to move onto the roundabout freely. Surely you meant to say "thus NOT allowing anyone exiting the car park to move onto the roundabout freely."

Tommer123

Thanks Le_Kirk, you're right. I confused myself writing it - trying to explain to someone that doesn't know the layout...

Loadsofchildren123

Tommer123 wrote: »

I am ######, of #####################################, the Defendant in this matter. I will say as follows:


I, NAME, of ADDRESS WILL SAY AS FOLLOWS:


1. I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked AB1 [Ab being your intials] to which I will refer.


Then I'd make this next section more like mine. Set the scene and tell the story. I see you live elsewhere. Then explain why you were there and that you are not familiar with the carpark and it isn't somewhere you habitually visit. Were you on holiday or visiting relatives? Deal with this briefly, just to set the scene. I may have it wrong about things like traffic lights, just adapt my version. Add in that around the one way system are junctions where you have to give way to other cars. How do you know the whole 14 minute overstay was at the end? Wasn't some of it at the start while you looked for a space? Did you defend on the basis of unclear signage? If not, I wouldn't bother to include that. I see you've done an aerial photo, can you do a better one, so it's an entire A4 sheet and mark it as I suggested (including the points at which you give way to other cars - mark these A, B, C etc and choose a colour). Explain what each photo shows. It's better to introduce all of this on one aerial view first, then cross-refer each photo to the aerial view, otherwise it's confusing for the judge who won't be familiar with Aberystwyth!

1. I made every reasonable effort to leave the car park within the 2-hour stay limit but due to the layout of the car park and exceptionally slow-moving traffic, was unable to do so. more detail needed to explain why - see my version However, I did return to my vehicle and leave the space I was parked in within this limit.How do you know? Did you look at your watch, set an alarm, what? You must say why you are confident you returned in time. It took a further 14 minutes from this point in time for my vehicle to re-pass the automatic number plate recognition camera registering my exit from the premises. does the 14 minute overstay run from when you entered? Your para 3 implies it does - in which case it didn't take you 14 mins at exit, you must allow some time for time spent entering/driving round/parking at entry. You must have taken time to drive round and park? If so, it wasn't 14 minutes at the end but perhaps 2, 3 or 4 at the start and then 10 at the end???? Due to the roundabout (shown in Image 8. Pg. 3 in attached photographic evidence) being notoriously difficult to get out of because of heavy traffic using Alexandra Road (passing from right to left), there were no vehicles to block this traffic thus allowing anyone exiting the car park to move onto the roundabout freely. This isn't understandable to a person who doesn't know the layout. Mark the roads on the master plan, then cross refer to it. Say "as one drives out of the carpark, there is a roundabout which leads to Alexandra Road and ....... on the day, Alexandra Road was heavily congested [why? eg temporary lights/roadworks?], which meant that the traffic was almost at a standstill leading up to and going round the roundabout.....

2. The Claimant has not adhered to the British Parking Association’s Code of Practice (of which it is a member) for grace periods. This Code of Practice is quoted in my defence statement in point 4.1.3 stating a grace period of a minimum of 10 minutes before and after the actual parking event must be given. you need to again set the scene, explain what the BPA CoP is and that it's compulsory - see my version. You must assume that a person who knows absolutely nothing about your case is reading this. It's supposed to set everything in context and explain everything. Don't assume ANYTHING is already known.

3. The Claimant has noted my ‘Arrival Time’ as 13:51:43 and ‘Departure Time’ as 16:06:02, meaning a total time of 2 hours 14 minutes and 19 seconds on the site. This shows that the grace periods have not been allowed for in their calculations.

4. It was impossible to read the full terms and conditions on the signage in the car park due to the font size and height of the sign. This is shown in Image 4. Pg. 2 in attached photographic evidence. this doesn't sit well with the other part of your case, which is that you are sure you didn't overstay. To be sure of that, you'd have to have noticed the signs.

5. The Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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

Signature of Defendant:


Name:
Date:


Here are the photos:

Some comments in red

Tommer123

Thanks again! I'm reworking it all now. I appreciate your support so much.

How do you know the whole 14 minute overstay was at the end?
I was parked very close to the entrance, so I'll leave the finding a space part as loose 'a few minutes'

Did you defend on the basis of unclear signage?
Briefly, in Defence point 5:
5. The signage located in this car park does not make it clear that you must leave the entire premises within the permitted stay period.
5.1. The Defendant avers there was no mention of a charge being issued during a 'grace period' (either before or after permitted time). Nothing warns a reasonably circumspect driver that he/she must guess the undisclosed ANPR timeline when they passed the threshold of the site.
5.2. The bar for clear parking terms on signage was set by Denning LJ in J Spurling Ltd v Bradshaw [1956] referring to the well-known 'Red Hand Rule' where hidden/unknown terms were held to be unenforceable: ''Some clauses which I have seen would need to be printed in red ink...with a red hand pointing to it before the notice could be held to be sufficient.''
5.3. It is impossible to read the terms on the signage of the site due to the size of the text and the height of the signs.

4. It was impossible to read the full terms and conditions on the signage in the car park due to the font size and height of the sign. This is shown in Image 4. Pg. 2 in attached photographic evidence. this doesn't sit well with the other part of your case, which is that you are sure you didn't overstay. To be sure of that, you'd have to have noticed the signs.
Ok, the main point is the grace periods so maybe I will leave this out for better clarity.

Tommer123

Should I be worried about ParkingEye's 88 page evidence pack? :-/

Coupon-mad

No, that's as expected.

Mostly template guff and stock images of signs that may not have even been there - opens the floor to you to show your actual proof from the site.

Loadsofchildren123

I think I'd leave out the unclear signage. I don't think it will work. Focus on the grace periods. even if you parked close to the entrance, it will still have taken you 3-4 minutes to park up and the grace period is also to give you time to find and read the signs, so you can add that in (eg you may have had to wait for someone else to reverse out of the space, they were old and took an age, then you had to reverse in then you had to walk over to the sign and read it, that must have taken 3-4 minutes). So that then makes the time at the end more like 10 minutes. I'd definitely focus on that, it's contradictory to then criticise the signs.


A good test once your draft is finished is to get someone who knows nothing about this to read your statement and ask them if the whole story is clear to them.


I think it's helpful to summarise at the start of your WS what your defence is.


Eg. Before I describe what happened on the day I parked in xxxx car park, I confirm that the essence of my defence to this claim is that:
a. I did not breach the terms and conditions of parking
b. The Claimant's signage did not make it clear whether the two hour free parking period offered included time spent after entering the site via its ANPR cameras looking for a space and parking in it and locating and reading the terms and conditions and deciding to accept them, and time spent when leaving the site via the same cameras exiting the space, driving round the car park's one way system and then driving out onto a public highway. It is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra preferentem rule;
c. Even if I did breach the terms, the Claimant is obliged by the compulsory Code of Practice of its own Accredited Trade Association to apply separate grace periods of at least 10 minutes at the start and end of each period of parking to allow for potential delays in finding a space, exiting the car park and to allow time for drivers to find and read the terms and conditions offered, and the 14 minute overstay is well within these grace periods.

Tommer123

In the County Court at Bath, The Law Courts, North Parade Road, Bath, BA1 5AF

Claim No.

Between

PARKINGEYE LTD (Claimant)

and

MR XXXXXX (Defendant)


WITNESS STATEMENT

I, XXXXX, of XXXXXXXX, will say as follows:

I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked AB1 to which I will refer.

Before I describe what happened on the day I parked in the Rheidol Retail Park car park, I confirm that the essence of my defence to this claim is that:
a. I did not breach the terms and conditions of parking
b. The Claimant's signage did not make it clear whether the two hour free parking period offered included time spent after entering the site via its ANPR cameras looking for a space and parking in it and locating and reading the terms and conditions and deciding to accept them, and time spent when leaving the site via the same cameras exiting the space, driving round the car park's one way system and then driving out onto a public highway. It is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra preferentem rule;
c. Even if I did breach the terms, the Claimant is obliged by the compulsory Code of Practice of its own Accredited Trade Association to apply separate grace periods of at least 10 minutes at the start and end of each period of parking to allow for potential delays in finding a space, exiting the car park and to allow time for drivers to find and read the terms and conditions offered, and the 14 minute overstay is well within these grace periods.

On 30th May 2017 I was in Aberystwyth for business, after I had finished this meeting I went to do some shopping and parked in the Rheidol Retail Park. I read the signs and was aware that there was a 2-hour period for free parking. As it was the first time I’d visited, I wasn’t familiar with the car park and road layouts or how busy the area can be, but I made every reasonable effort to leave the car park within the 2-hour stay limit.

It took me a few minutes to find a space and park in it as the car park was quite busy, I remember waiting for a few other cars to manoeuvre in and out of spaces before parking myself. When I got out of the car, I walked over to the closest parking sign to read it and immediately set a timer on my phone to make sure I got back to the car in time. Then I went shopping and returned to the car within two hours. I know that I did so because I remember being back at my car just before my alarm went off and also remember looking at my watch when I got back to the car to check that I was back in time (which I was).

The carpark was very busy. It took me a long time to reach the exit of the carpark, because I had to drive around its one-way system, stopping along the way to allow other cars to get in / out of spaces and out of junctions within the car park. I estimate that it took me around 10 minutes to get to the exit road. I can see from the evidence relied upon by the Claimant that there was a 14 minute period between the free 2-hour period expiring and me exiting the carpark.

When I reached the exit road, there was an enormous queue to get to the main road (Alexandra Road). At the end of the exit road is a roundabout which intersects the main road and on the day it was heavily congested which meant the traffic was almost at a standstill leading up to and going round the roundabout. I remember it all very clearly because it was a warm day and my car’s air-conditioning was broken and it was incredibly frustrating queuing up while only a single car at a time managed to get out onto the main road.

At page 1 of AB1 is a google earth aerial photograph of the carpark. I've marked on it in red roughly where my car was parked and in yellow dashes I have marked the route I took round its one-way system to the exit road. The Claimant's ANPR machine is, I believe, almost next to the junction to the exit road. The exit road is marked in blue, with the roundabout on Alexandra Road marked with a blue cross. The main road outside the carpark, where there was very slow moving traffic at the time, is marked in green on the photograph.

The traffic jams (both the one inside the carpark and the one on the public highway outside) were beyond my control and I could not have anticipated them.

I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. A copy of paragraph 13 of the CoP, which relates to grace periods, is at page XXX of AB1. In order to be an accredited member of the BPA, compliance with the CoP is compulsory, and a copy of paragraphs 4.1 and 6 of the CoP is at page XXX of AB1.

Paragraph 13 of the CoP clearly states that a grace period is to be applied to parking. The CoP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space, to read the signage, and to exit the car park once they have finished parking. Grace periods are not defined, but the CoP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4).

In this case, the data produced and relied upon by the Claimant shows that the period passing between my car entering and leaving was 14 minutes. Applying the "minimum" 10 minutes either side of the parking, the minimum total grace period I should have been allowed by the Claimant under its own compulsory CoP was 20 minutes. I was therefore well within the grace period. Whilst I accept that following the parking I was on site for around 10 minutes, this was because of the heavy traffic both inside and outside the carpark, a matter which was outside of my control. It is worthy of note that the recommended grace period is a minimum of 10 minutes, and the Claimant should have exercised common sense and applied a greater grace period than the minimum to take into account the prevailing circumstances at the time. The issue the court is being asked to deal with is de minimis and the court's valuable time should not have been taken up with this matter.

I have repeatedly drawn these matters to the Claimant's attention, but it has refused to see reason, including applying an appropriate grace period of "a minimum of 10 minutes" before and after parking.


The Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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


Signature of Defendant:


Name:
Date:

Loadsofchildren123

Tommer123 wrote: »

In the County Court at Bath, The Law Courts, North Parade Road, Bath, BA1 5AF

Claim No.

Between

PARKINGEYE LTD (Claimant)

and

MR XXXXXX (Defendant)


WITNESS STATEMENT

I, XXXXX, of XXXXXXXX, will say as follows:

I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked AB1 [AB should be your initials. So if I'm Annabelle Farquar the documents would be marked AF1 - then do a frontsheet with the court heading and make the heading "Exhibit AF1 to the Statement of XXXX dated xxx" and staple it to the front of the documents] to which I will refer.

Give each paragraph a number Before I describe what happened on the day I parked in the Rheidol Retail Park car park, I confirm that the essence of my defence to this claim is that:
a. I did not breach the terms and conditions of parking
b. The Claimant's signage did not make it clear whether the two hour free parking period offered included time spent after entering the site via its ANPR cameras looking for a space and parking in it and locating and reading the terms and conditions and deciding to accept them, and time spent when leaving the site via the same cameras exiting the space, driving round the car park's one way system and then driving out onto a public highway. It is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra preferentem rule;
c. Even if I did breach the terms, the Claimant is obliged by the compulsory Code of Practice of its own Accredited Trade Association to apply separate grace periods of at least 10 minutes at the start and end of each period of parking to allow for potential delays in finding a space, exiting the car park and to allow time for drivers to find and read the terms and conditions offered, and the 14 minute overstay is well within these grace periods.

On 30th May 2017 I was in Aberystwyth for business, after I had finished this meeting I went to do some shopping and parked in the Rheidol Retail Park. I read the signs and was aware that there was a 2-hour period for free parking. It was my first visit to this car park and I was not previously familiar with it, or the road layouts outside it or how busy they could be. As it was the first time I’d visited, I wasn’t familiar with the car park and road layouts or how busy the area can be, but I made every reasonable effort to leave the car park within the 2-hour stay limit.

It took me a few minutes to find a space and park in it as the car park was quite busy, I remember waiting for a few other cars to manoeuvre in and out of spaces before parking myself. When I got out of the car, I walked over to the closest parking sign to read it and immediately set a timer on my phone to make sure I got back to the car in time. Then I went shopping and returned to the car within two hours. I know that I did so because I remember being back at my car just before my alarm went off and also remember looking at my watch when I got back to the car to check that I was back in time (which I was).

The carpark was very busy. It took me a long time to reach the exit of the carpark, because I had to drive around its one-way system, stopping along the way to allow other cars to get in / out of spaces and out of junctions within the car park. I estimate that it took me around 10 minutes to get to the exit road. I can see from the evidence relied upon by the Claimant that there was a 14 minute period between the free 2-hour period expiring and me exiting the carpark. Some of this, of course, would have been taken up by the few minutes it took after entering the carpark to park the car and read the signs.

I am not familiar with the car park and road layouts or how busy the area can be, but I made every reasonable effort to leave the car park within the 2-hour stay limit. When I reached the exit road, there was an enormous queue to get out onto the main road (Alexandra Road). At the end of the exit road is a roundabout which intersects the main road and on the day it was heavily congested which meant the traffic was almost at a standstill leading up to and going round the roundabout. I remember it all very clearly because it was a warm day and my car’s air-conditioning was broken and it was incredibly frustrating queuing up while only a single car at a time managed to get out onto the main road.

At page 1 of AB1 is a google earth aerial photograph of the carpark. I've marked on it in red roughly where my car was parked and in yellow dashes I have marked the route I took round its one-way system to the exit road. The Claimant's ANPR machine is, I believe, almost next to the junction to the exit road. The exit road is marked in blue, with the roundabout on Alexandra Road marked with a blue cross. The main road outside the carpark, where there was very slow moving traffic at the time, is marked in green on the photograph.

The traffic jams (both the one inside the carpark and the one on the public highway outside) were beyond my control and I could not have anticipated them. The Claimant, a company which manages the car park, should be aware of these issues and should make reasonable allowances for the foreseeable delays drivers may experience in exiting the car park.

I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. A copy of paragraph 13 of the CoP, which relates to grace periods, is at page XXX of AB1. In order to be an accredited member of the BPA, compliance with the CoP is compulsory, and a copy of paragraphs 4.1 and 6 of the CoP is at page XXX of AB1. The significance of being a member of the BPA and subscribing to its CoP is that the Claimant is only entitled to ask the DVLA for the details of a car's registered keeper if it is a member. [remember to change AB to your initials]

Paragraph 13 of the CoP clearly states that a grace period is to be applied to parking. The CoP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space and to read the signage prior to the commencement of the period dof parking, and time to exit the car park once they have finished parking. Grace periods are not defined, but the CoP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4).

In this case, the data produced and relied upon by the Claimant shows that the period passing between my car entering and leaving via the ANPR cameras was 14 minutes. Applying the "minimum" 10 minutes either side of the parking, the minimum total grace period I should have been allowed by the Claimant under its own compulsory CoP was 20 minutes. I was therefore well within the grace period. Whilst I accept that following the parking I was on site for around 10 minutes, this was because of the heavy traffic both inside and outside the carpark, a matter which was outside of my control. It is worthy of note that the recommended grace period is a minimum of 10 minutes, it is not a maximum. The Claimant should have taken a reasonable and proportionate approach, exercised common sense and applied a greater grace period than the minimum to take into account the bottleneck at the roundabout immediately next to the exit from the car park prevailing circumstances at the time. The issue the court is being asked to deal with is de minimis and the court's valuable time should not have been taken up with this matter.

I have repeatedly drawn these matters to the Claimant's attention, but it has refused to see reason, including applying an appropriate grace period of "a minimum of 10 minutes" before and after parking, which it actually obliged to do by its compulsory CoP.


The Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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


Signature of Defendant:


Name:
Date:

Some suggestions.
Be careful with the grace periods - it should be 10 minutes minimum either side of the parking. If you say you spent 3/4 minutes on entry, then you only spent 10/11 minutes on exit. It's not just the exit time and if you take the two together you are well within them. Keep emphasising the time you spent at the start, which brings you within the 10 minute minimum anyway (probably - you didn't time yourself but you say you estimate it took around ten minutes and this is a reasonable assumption if you consider the average time it would take a person to find a space, give way to other cars, park in it, read the signs etc.


If you're asked why you defended on unclear signage, say you consider that the signs were unclear but you are not pursuing that point because you acknowledge that you read them. You won't get into trouble, but you may be asked.