Just received Letter of Claim

trotbot

Update:

• Formal complaint emailed to CCBC with our local MP cc'd - Included my original defence letter as our MP's office is 300m away from the car park in question.
• DQ-N180 completed and emailed to CCBC and BWLegal.
• Created a BSI account.
• Reading through PAS 232 and the Code Enforcement Framework consultation.

Any recommendations on targeted comments for maximum effect? Not being lazy, just want to hit this as hard as possible!!

NOTE: Any recommendations I add to PAS 232 or enter into the consultation survey will be done so by my own free will.

Again thank you all for your patience and assistance. 

Coupon-mad

Think about this, and decide for yourself.

Do you think the consideration period at the start on arrival, in order to park find a machine, download an app and pay (or decide to leave) are long enough?

Do you think people should be exempt when only unloading, loading, dropping people off, picking people up (e.g. taxis and delivery drivers)?

Do you think parking firms should be allowed to charge twice for the 4 or 5 letters and inflate it to £160?

You do have to look at each and every section and think whether it needs changing.

trotbot

@Coupon-mad - Will do and thank you again for the support.
Sorry for the note in bold - want to make sure no-one can accuse me of being coerced.

Coupon-mad

Good, and we are not coercing anyone.  We just fight for fairness and encourage lots of people to complete the consultation because the MHCLG want to hear from the public.

Le_Kirk

trotbot said:

Any recommendations on targeted comments for maximum effect? Not being lazy, just want to hit this as hard as possible!!
NOTE: Any recommendations I add to PAS 232 or enter into the consultation survey will be done so by my own free will.

You will find that, when you click on each clause/paragraph and then click on view/add comments that you can see (if your drop down box is set to "All") others comments.  This will not be coercion but reading what like minded people think, from which you can make up your own mind and add comments.

trotbot

Aye, I have been reading them thank you @Le_Kirk. 
Having just finished 70hrs of project work this week and feeding 3 children, your comments are most welcome. 🤣🤣

trotbot

Coupon-mad said:

Good, and we are not coercing anyone.  We just fight for fairness and encourage lots of people to complete the consultation because the MHCLG want to hear from the public.

It's a fight worth fighting for sure. I just didn't want to give any ammunition to the oppostion. Although the statement in bold may have been a little excessive and potentially misconstrued. 😂😂

trotbot

Update:

• Received a response from CCBC stating - "Upon investigation into your complaint I have not identified any error made by the court...."
• Received a response from our local MP offering to write to MHCLG on our behalf.
  
• Received Notification of Allocation to the Small Claims Track - The hearing will be held by phone call. We have until 8th Jan to file and serve evidence and documentation.

Home work to do - will update as it comes

trotbot

Update:

I contacted my local court via email to check whether I could use that address for filing my documents. I received the following from an administrative officer:

"You can use this email address to file documents with the court, files should be no more than 10mb or 50 pages, we cannot accept multiple emails. 

The hearing on the 5 February is only a directions hearing, where the Judge will decide if it should go to a full hearing where you may need to supply more evidence. We can accept photographs by email but video footage cannot be played on courts equipment, we will make a note on file that you have this evidence and if the case goes to a full hearing you will need to supply a means of playing that footage."

I am currently pulling together documentation and evidence based on CP's instruction posted here:

https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

...paying particular attention to @robertcox999's contribution; great work by the way! 

I have plenty of photographs that comically highlight how poor the car park's signage was and still is; however, the video footage hammers it home due to crossing on coming traffic that is exiting a main cross roads 15 meters away from the entrance of the car park. Just to remind you this was at 18:00 in October and parking here is not fun on a quiet day in summer .

A couple of questions sorry as the "directions hearing" and "supply more evidence" statements combined with requirements for displaying video footage have thrown me.

• I should continue compiling my documentation in readiness for the 8th Jan deadline? (Likely to be sent a week tonight/tomorrow as on holiday from Friday...yay!) 
• I can provide video footage; however, compressing it down to 10mb will not be easy without severely reducing quality. Even if I provide the footage at a reasonable quality; how do I play it in court? Can I take a portable device to the court? During covid restrictions I just don't see how it can be possible.

I may be worrying too much as the photographic evidence alone is so strong. In no way could a binding contract be enforced; the poor signage; lack of lighting; proximity to a busy cross roads and all on a winter's evening are clear in the photograghs. I will include a Google maps screen shot too.

trotbot

A quick question if you would be so kind:
I have just received the witness statement from BWLegal and they have made some effort.
Can I refer to their witness statemtent?
Thank you.