Cel ticket

ShirlsP

I have just read bargepole's thread so I now understand I need to do a witness statement. Is there one I can use for reference? I really want to win this thing so I must get it right! thanks

ShirlsP

oh gosh ignore me - I am not reading the ful thread. I will post my witness statement here for review

ShirlsP

This is my witness statement. Do you think it is sufficient?
I will also reference what is listed in the sticky.

In the County Court at XXXX

Claim No. XXXXX
Between

CIVIL ENFORCEMENT LIMITED (Claimant)

and

XXXXX (Defendant)


WITNESS STATEMENT

I, XXXXXXX, 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 XXXX (“the 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 set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that any guest of the Holiday Inn hotel, staying longer than three hours must, register for a permit inside the hotel. Giving no instruction or indication for patrons of The Harvester restaurant, located on the same site using the same car parking facilities, that they must also register their vehicle. I was a patron of The Harvester restaurant at the time the alleged offence occurred. (exhibit 1)


c. The Claimant's signage did not make it clear whether the three 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. (exhibit 1). It is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra proferentem rule;
d. 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 17 minute overstay is well within these grace periods.

On XXX I went to The Harvester restaurant to meet with a friend for breakfast at XX. My friend was delayed and arrived at around XX and at around XX we decided to leave The Harvester restaurant. After finding a suitable car parking space, I went to find a sign to ensure I agreed with the terms and conditions set out. After reading the signage I was aware that there was a 3-hour period for free parking. However, as per the sign this was only applicable for guests of The Holiday Inn. I was a guest of The Harvester restaurant.

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, (exhibit 2). 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 enclosed (exhibit 3).

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 17 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. 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 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:

Redx

add a numbered list of the exhibits and a quick note on what each one is

include your costs schedule as an added item and give it an exhibit number , the costs schedule is the exhibit

add to your WS with the ABUSE OF PROCESS paragraphs by coupon mad in the thread by beamerguy

ShirlsP

Redx wrote: »

add a numbered list of the exhibits and a quick note on what each one is

include your costs schedule as an added item and give it an exhibit number , the costs schedule is the exhibit

add to your WS with the ABUSE OF PROCESS paragraphs by coupon mad in the thread by beamerguy

Thanks RedX. Can I still claim fees even though I didn't state this in the directions questionnaire?

Umkomaas

ShirlsP wrote: »

Thanks RedX. Can I still claim fees even though I didn't state this in the directions questionnaire?

You can't claim 'fees', but can claim 'costs'. You attach a Costs Schedule to your WS.

Costs are limited in the small claims court, unless unreasonableness on the part of the Claimant can be proved (extremely high bar, think of you clearing 7' in the Olympic high jump final!).

Standard:

Up to £95 (max) for half a day's pay/loss of leave - take pay slips to prove.

Travel costs to the hearing (actual public transport or mileage @ 45p per mile).

Parking fee to attend hearing (don't be getting yourself another PCN!).

You could try for a very small number of hours of litigant-in-person costs (£19ph) and a few £s printing and postage - but be ready to have those knocked back.

That's about it.

Coupon-mad

ShirlsP wrote: »

Thanks RedX. Can I still claim fees even though I didn't state this in the directions questionnaire?

Yes, the NEWBIES thread covers costs schedules, with examples.

Redx

ShirlsP wrote: »

Thanks RedX. Can I still claim fees even though I didn't state this in the directions questionnaire?

I never mentioned "fees" , I said COSTS

ShirlsP

Hi all.
I have my court date very very soon. Any tips? ��
Thanks

Umkomaas

ShirlsP wrote: »

Hi all.
I have my court date very very soon. Any tips? ��
Thanks

Have you submitted your cost schedule to the court, the claimant and their solicitor?

Go smartly dressed - business-like.

Get to court at least half an hour before your case, if travelling by car, add in time for any traffic congestion, time to find a car park and pay for parking (don't get another PCN!), build in time to pass through the court security system and book in at reception.

You may be introduced to any representative of the claimant (or they may seek you out). Be polite, anticipate the possibility of being asked to settle out of court to avoid the hearing, do not discuss the case with the rep (say you'd prefer to deal with everything now in front of the Judge), do not accept any documentation they attempt to hand over to you.

Take wage slips as proof of earnings if you are claiming for lost wages/annual leave.

Good luck. Please let us know the outcome.