Fine for Paid Parking Ticket - HX Car Park

reysham

Driver's statement:

I, xxxxxxx, of xxxxxxxx, will say as follows:

I was the driver 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 xxxxxx 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 parking period within in the paid time 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 12 minute overstay is well within these grace periods.
1. On [date], I drove my toddler son to the city centre to complete some errands.
2. I chose this car park due to the proximity to the shops and shopping centres, and the advertised cheaper parking rates.
3. It took a few minutes to enter the car park and reverse into the parking bay. This is due to the awkward positioning of the bays, requiring drivers to complete multiple manoeuvres to avoid other parked vehicles.
4. I then removed the stroller from the boot (which was facing the wall), opened it up, unstrapped my child from the car seat and subsequently strapped him in to the pushchair.
5. After this, I removed my handbag and purchased a ticket from the Pay and Display Machine and displayed this on my dashboard.
6. I noted the paid time (two hours, to end at xx:xx) and made every reasonable effort to return to the car by the end of the paid time – I was in the driver’s seat of the car within 1 hour and 51 minutes of parking, as evidenced by my Location History, as seen on Page 6 of AB1.
7. Upon arrival, I secured the stroller next to the car and then removed my child from within it and strapped him into the car seat. I then placed all the bags and the stroller into the car’s boot before getting into the driver’s seat and preparing to drive away.
8. Exiting the bay required concentration and a careful watch on my speed to ensure that I waited for moving vehicles to pass; moved around parked vehicles carefully, and remained mindful of hazards such as pedestrians or litter. The video evidence shows that exiting this small space required stop and start driving, as well as reversing, due to the awkward design of the area and the positioning of the designated parking bays.
9. Upon reaching the exit road, I had to wait for sufficient space in the passing two-way traffic as the car park is situated opposite a larger NCP car park, as well as other city centre parking, and is therefore always busy during the day.
10. At page 1 of AB1 is a Google Earth aerial photograph of the car park. I have marked, in red, roughly where I parked and used yellow dashes to mark the route taken to exit the car park safely. The exit area is marked in blue and the NCP car park and other city centre car parking is marked in green.
11. The pedestrians, moving vehicles and stationary cars were not within my control and I could not have anticipated them.
12. 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 8 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 9 of AB1.

13. 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).

14. In this case, the data produced and relied upon by the Claimant shows that the period passing between the car entering and leaving was 12 minutes. Applying the "minimum" 10 minutes either side of the parking, the minimum total grace period allowed by the Claimant under its own compulsory CoP was 20 minutes. I was therefore well within the grace period.
15. Whilst I accept that following the parking period, I was on site for around 10 minutes, this was because of the presence of a vulnerable person – my toddler son – and the manoeuvring and 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.
Statement of Truth
I believe that the facts stated in this Witness Statement are true.
Signature
{date}

Is there anything missing?
Which link on the newbies thread gives an example of a WS for a keeper who was NOT the driver?
My partner will be representing me during the case - what documents need to be completed/submitted, and by when, for this to happen?

Thank you

Coupon-mad

I also have video evidence demonstrating the manner in which the car park has to be entered and exited, which highlights the awkward turns etc that leads to slow movement around the area. How would I attach this?

In a format that can't be altered and not a link that you are expecting a Judge to click on. Old fashioned USB stick attached to the ring binder metal clips inside the file?

Re the WS you need to start the numbering much earlier, so that every paragraph from

I, xxxxxxx, of xxxxxxxx, will say as follows:

is numbered.

I like the driver's WS except for:

c. Even if I did breach the terms,

which I would change to:

c. Even if the car was captured on site for a few minutes over the parking time,

Which link on the newbies thread gives an example of a WS for a keeper who was NOT the driver?

Not sure but the case I attended this week was one such case where the D was not the driver, and it's StubbornGoat's UKCPM thread. I am sure his WS is there to be read & copied from (we won on the basis that he was not the driver and had tried to name the driver but UKCPM didn't let him!).

My partner will be representing me during the case - what documents need to be completed/submitted, and by when, for this to happen?

None in advance, as long as the D appears with you, too, and understands that they will not be allowed to speak. This was the same for StubbornGoat as I represented him yesterday, and we just handed the Usher a copy of the Lay Reps (Rights of Audience) Order 1999 and asked the Usher to please tell the Judge that I would be the lay rep for the case we were signing in for:

http://www.legislation.gov.uk/uksi/1999/1225/made

KeithP

reysham wrote: »

I also have video evidence demonstrating the manner in which the car park has to be entered and exited, which highlights the awkward turns etc that leads to slow movement around the area. How would I attach this?

They must be sent on a 'durable medium' to both the Claimant and the Court.

A 'durable medium' is something that once sent cannot be altered by the sender.

In the case of video, that means you are effectively limited to either a CD/DVD, or memory stick/card.

A video file as an attachment to an email is another example of a 'durable medium', but you might need the explicit agreement of the court and the claimant to accept evidence that way.

A link to a Dropbox file, a youtube file, or indeed a link to anywhere, is not acceptable as you could alter that file after the link has been sent.

You also need to consider how you are going to show the video at the hearing. Take a laptop or tablet with you that is capable of playing the chosen durable medium.

reysham

I've emailed a copy of the video to myself (I shot it on a smartphone). How do I ask for explicit agreement that this format will be acceptable?

If I choose to use a USB for the video - should I only have the one stick or copy to multiple sticks: one for the courts, one for the claimant and one to accompany me with the copy of the evidence I will be keeping and taking with me?

What information needs to be on my WS? Should it be an edited version of the DS with more reference to the evidence or information about my own whereabouts, or both?

I have asked my partner to edit her WS as advised, which she has done so that's one part sorted.
I've also gathered the photography evidence, so it's only my WS that needs doing.

Thanks

reysham

Hello.
We are fast approaching the deadline for evidence submission. I would like to ask if someone could pick apart the Keeper Statement below so I can print and send off.
Also, when I send evidence, does it go to claimant and court as well? In addition to the copies I keep --to take with me to the court as well.

KEEPER STATEMENT:

1. I, xxx xxx, of xxxxxxxxxxx, xxx xxx, will say as follows:

2. I am the registered keeper of the vehicle in this matter.

3. Attached to this statement is a paginated bundle of documents marked xxAppendix to which I will refer.

4. On xxxxxxx, at the time of the alleged parking incident, I was seeing to my employment responsibilities within the inner-city area of Leicester. This is evident from my Location History found on Page 1 of xxAppendix. I am aware that my partner had taken my then 3-year-old son into the city centre after leaving her own workplace sometime in the early afternoon.

5. I received PCN:#### approximately 10-12 days after the alleged parking incident. The PCN states that the contravention was ‘[failure] to purchase a pay and display ticket within the 10-minute grace period allowed’. This PCN is at Page 2 of xxAppendix

6. My partner still had the parking ticket she had purchased, which disproved the PCN’s conjecture so I appealed the PCN using the company’s online system.

7. The appeal was rejected and the legal procedures began. My Defence Statement outlined my findings and arguments against the PCN’s validity.

8. In support of my Defence, I attach an example of the Beavis Signage and the signage in the xxxxxx Car Park from the point of view of my partner, who is just over 5ft tall, at Pages 3-5 of the xxAppendix.

9. I would also like to point to the improbability of entry, parking and ticket purchase at a Pay and Display machine within a period 60 -120 seconds as a lone adult, never mind in the presence of a toddler who needs to be removed from a car and strapped into a pushchair. This data from the PDT machine calls the accuracy of the machine or the ANPR into question. The data dump is on Page 6 of xxAppendix.

10. Conditions in the car park for manoeuvring and parking are very tight; parking bays are narrow, as is the distance of the ‘road’/route that drivers must use to navigate the car park. Drivers need to take extra care when reversing or driving to avoid scratching or damaging other vehicles, and take pedestrians into consideration too. Multiple manoeuvres are required to turn the tight corner as one leaves, adding to the time taken to leave once out of the parking bay. An un-editable video is on the USB attached to Page 7 of xxAppendix. It which demonstrates the care with which one must drive around the car park itself. The video has been taken by a passenger sat directly behind the driver.

11. The ANPR capture of the car upon exit shows that the brake was being used. Putting aside the question of accuracy of time, the brake lights indicate the need for caution. This is because, due to the car park being adjacent to an inner-city centre road, drivers must take extra care when joining the traffic, and can, on particularly busy days, wait a few minutes before being able to leave the car park’s grounds. This picture is at Page 8 of xxAppendix.

12. Taking the presence of a vulnerable person, the serious matter of the accuracy of the machines at the car park on the day in question, and the conditions both inside and outside the car park, I believe that the period of time that my partner was on site after the parking period is not only reasonable but sensible and safe as a responsible driver and parent.

13. I would like to reiterate 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.

Statement of Truth:

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

1505grandad

I am confused.

Post #40 (12.5.19) - the Defence which was presumably filed at Court - says:-

"edited:

1. The Defendant was the registered keeper and driver of vehicle registration number xxxx on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all."

Post #51 (14.8.19) says:-

"An update: now received a court date and a deadline for submitting documents. I will be:
- drafting a witness statement from my POV as registered owner and keeper re: use of the car
- procuring a witness statement from my partner who was driving the car at the time of the alleged incident"


Then you draft WS titled Driver's statement post #52 (14.8.19).

Then another draft WS titled KEEPER STATEMENT today post #56


Hope there is a logical explanation and I have misunderstood something.

KeithP

reysham wrote: »

Also, when I send evidence, does it go to claimant and court as well? In addition to the copies I keep --to take with me to the court as well.

You have received a Notice from the court which said something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

It should be clear from that that everything you send to the Court must also be sent to the Claimant too.

reysham

Thank you for your keen eye!

That is an error in the DS. Is my case affected? Can I edit that at this stage? I was the keeper, but not the driver at the time.

Redx

the defence is already in , so any WS could address any error but its up to the judge to decide the truth , if you are not the driver , say so , categorically , no ambiguity

too late to edit any defence as you appear to be at WS stage

I have no idea why it says KEEPER statement

its either DEFENCE , or WITNESS STATEMENT

Coupon-mad

Should be Witness Statement and it needs to firstly correct the error in the defence and state as fact that, after considering the date and location, you are certain that you were not the driver.

Put it like that, as if you've had a family conflab and realised it wasn't you.