Is this letter a Letter Before Claim ?

silverchoice

KeithP wrote: »

Certainly not.

It is the signs that forms the basis of any contract between the motorist and NCP..

As I said before, you just need to make sure that whatever is in your Defence matches your circumstances.

Problem is I live fifty miles from the car park. I could try using google maps ?

KeithP

silverchoice wrote: »

Problem is I live fifty miles from the car park. I could try using google maps ?

Yes you could.

You could also search the forum with the car park name.

You could also use google images looking for that car park's signs.

silverchoice

Just got my date for the court hearing 3rd March 2020.

Umkomaas

silverchoice wrote: »

Just got my date for the court hearing 3rd March 2020.

And a date by when you have to submit your Witness Statement and evidence bundle?

Coupon-mad

Luckily for you, someone has just this past week or so, written a NCP PDT machine Witness Statement featuring the HMRC transcript, so you can search the forum and find that and copy/adapt what they did!

You also need your costs schedule (again, save us typing, search the forum)!

You also nee to read CEC16's thread to arm yourself with the CRA 2015 and knowledge of why a parking firm CANNOT add the fake £60 costs they have tried for.

silverchoice

Umkomaas wrote: »

And a date by when you have to submit your Witness Statement and evidence bundle?

Fourteen days before which is 11th February.

Umkomaas

silverchoice wrote: »

Fourteen days before which is 11th February.

Thanks. That's a standard timeframe, but just wanted to check as we've seen some recent cases where, despite a hearing date some months into the future, the court wanted the WS to be submitted much, much sooner.

silverchoice

Coupon-mad wrote: »

Luckily for you, someone has just this past week or so, written a NCP PDT machine Witness Statement featuring the HMRC transcript, so you can search the forum and find that and copy/adapt what they did!

You also need your costs schedule (again, save us typing, search the forum)!

You also nee to read CEC16's thread to arm yourself with the CRA 2015 and knowledge of why a parking firm CANNOT add the fake £60 costs they have tried for.

Is it this one ?
Help with Defence for CC claim from Parking Eye who haven’t allowed grace period.

Le_Kirk

If you found THIS in it, then yes.

silverchoice

This is the first draft of my witness statement. Any comments welcome.

[FONT=&quot]______________________
WITNESS STATEMENT[/FONT]

[FONT=&quot]

[/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]I am xxx the Defendant in this matter. I will say as follows:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]On 7th April 2018, I parked my vehicle registration number xxxxxxx after entering the car park at 16:15.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]I entered the car park with honest intentions and adhered to the terms on display as best as they could be deciphered. As would be expected, it took me a few minutes after crossing the threshold of the site, find a suitable parking space, safely park, gather my belongings, lock the car and walk to the payment machine, where I then read the signs and paid for my parking in good faith. I was with my wife, daughter and 11 month old grandson so obviously this added more time onto this.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4. [/FONT][FONT=&quot]I went shopping in Doncaster and returned to my vehicle and exited the car park 18:36 which I thought was acceptable including any grace period. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]5. [/FONT][FONT=&quot]I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. In order to be an accredited member of the BPA, compliance with the CoP is compulsory. See paragraphs 4.1 and 6 of the CoP[/FONT][FONT=&quot] (Exhibits 1 and 2). 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.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]6. [/FONT][FONT=&quot]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 commencement of the period of parking, and time to exit the carpark 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) [/FONT][FONT=&quot](Exhibit 3). [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]7. [/FONT][FONT=&quot]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 2 hours and 21 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 only one minute over the minimum grace period. It is worthy of note that the recommended grace period is a minimum of 10 minutes, it is not a maximum.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]8. [/FONT][FONT=&quot]Helpfully, Kelvin Reynolds, BPA Director of Corporate Affairs has gone on record in an official BPA article about ‘good practice and grace periods’ (plural) that there is a difference between ‘grace periods’ and ‘observation’ periods and good practice allows for this. ”Our guidance specifically says there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket,” he explains. “No time limit is specified. This is because it may take one person 5 minutes, but another person 10 minutes depending on various factors, not limited to disability “. (Exhibit 4). [/FONT][FONT=&quot][/FONT]

[FONT=&quot]9. [/FONT][FONT=&quot]The Claimant should have taken a reasonable and proportionate approach, complied with its own obligations under the BPA’s CoP (not to mention exercise common sense) and should have applied the grace periods. Furthermore, 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.

[/FONT][FONT=&quot][/FONT]
[FONT=&quot]10. [/FONT][FONT=&quot]I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Statement of Truth[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I believe that the facts stated in this Witness Statement are true.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Signature [/FONT]
[FONT=&quot] [/FONT]