County Court Claim For for Parking ticket, advice

KeithP

Have you written a Witness Statement?

Coupon-mad

Show us your WS and evidence, as the NEWBIES thread showed you how to do.

Hope you filed & served it all in time, you know, as per the letter telling you about the hearing date, it also told you the date by which WS had to be exchanged...and as per the NEWBIES thread that says 'DEFENCE IS NOT YOUR ONLY JOB'.

If you are late, do it anyway. Please don't ask ''am I stuffed?'' - fed up with people asking that instead of actually just getting on with it.

Search the forum for late Witness Statement another one bites the dust

...and you will see people still win when sending a late WS and evidence. So no, you are not stuffed if you are filing and serving a WS and evidence tomorrow (albeit, late).

I hope I am wrong and you are on it, and that you read the court letter properly.

It is VITAL you provide evidence!

nosferatu1001

INeed, OP you must have, by now served on the C and filed with the court your witness statmenet and exhibits.

For instance whatever you have proving you had permission to park.

FlyGuyRM

Is the defence statement different to the witness statement?

Coupon-mad

Yes, as the NEWBIES thread tells you. A whole new stage and you are late.

Right now you have NO evidence/no WS...so get reading on what to do and catch up.

FlyGuyRM

Yea I've had a bit of a stinker here. My dad passed away recently so this has been at the bottom of my priorities until I saw my calendar notification.

Is there a template WS.

I have have the Bevis case already stated in my defence.

I have take POFA s4 of the legislation.gov website.

I have images from a few months ago with the new markings. Also stated in my defence.

Coupon-mad

Is there a template WS.

I already told you exactly where to find them:

Coupon-mad wrote: »

Show us your WS and evidence, as the NEWBIES thread showed you how to do.

Hope you filed & served it all in time, you know, as per the letter telling you about the hearing date, it also told you the date by which WS had to be exchanged...and as per the NEWBIES thread that says 'DEFENCE IS NOT YOUR ONLY JOB'.

If you are late, do it anyway. Please don't ask ''am I stuffed?'' - fed up with people asking that instead of actually just getting on with it.

Search the forum for late Witness Statement another one bites the dust

...and you will see people still win when sending a late WS and evidence. So no, you are not stuffed if you are filing and serving a WS and evidence tomorrow (albeit, late).

FlyGuyRM

I've advanced search the forum for late Witness Statement another one bites the dust. I can't see any posts of templates. I have managed to find one search witness statement. I will combine with my previously drafted one back in september and send it across asap

Coupon-mad

What about the ones in the NEWBIES thread, which you can CONTROL & F for the word 'witness' to find them?

The NEWBIES thread is 2 clicks away - see my signature below, it explains where.

FlyGuyRM

My drafted WS below

In the County Court at XXXXXXXXXXX

Claim Number:

Between

UK CAR PARK MANAGEMENT (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 RW01 to which I will refer.

Before I describe what happened on the day I stopped in an unmarked are of XXX Residential Estate, 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 there was an area if any liable to the alleged contractual agreement.

• On XXX I was in XXX to drop off and help to unload the tenant of XXXX belongings and young child to their third floor property. There were no readable signage from where I had stopped the vehicle (unmarked curb, with other vehicles parked alongside) at which time it was also dark. I wasn’t familiar with the estate as the tenant had recently moved to the property, nonetheless I made reasonable effort to leave as quickly as it was late in the evening.
  
  
• Since the date of the incident I have revisited the location in question and images from RW01 date XXX show (a) how the signage is ineligible from where my vehicle was stopped and (b) new double yellow line markings have been placed, signifying the clear confusion being caused previously and in my case.
  
• A copy of ParkingEye Limted vs Beavis [2015] has been attached to this statement as part of RW01. This Judgment in agreed that the signage although plentiful in the area, it was not clear. From the photo’s produced as evidence it can be seen that the signage in my case is high up, unable to be read from the view point of driver or unless, walking up directly in front of the signage.
  
  
• I believe that the Parking Enforcement Officer who issued the PCN, would have witnessed me coming back and forth from my vehicle and would have had an opportunity to clarifying any parking terms prior to issuing the PCN, as when I returned from my vehicle I could see him walking away from it.
  
• I have also 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 RW01. 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 RW01.
  
  
• 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).
  
• It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.
  
  
• 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.
  
  I believe that the facts stated in this Witness Statement are true.
  
  
  Signature of Defendant:
  
  
  Name:
  
  
  Date: