Business court

KeithP

I have updated the list in post #15 above to include:

• Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
  
• Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

weatherman89

KeithP wrote: »

I have updated the list in post #15 above to include:

THANK YOU.
Please, how I do I know/choose a county court hearing centre AS PER QUESTION D1 ON THE DQ?
I Iive in Stoke city.

KeithP

Stick court finder into google and follow your nose.

Hint: choose Enter your postcode

weatherman89

KeithP wrote: »

Stick court finder into google and follow your nose.

Hint: choose Enter your postcode

LOL...Thank you!

Umkomaas

Please read the NEWBIES FAQ sticky, post # 2 which guides you right through the court process, including that when you receive the Claimant's DQ.

Have you bookmarked the post in the sticky? That's your 'go to' resource for any questions you have before posting them here.

Le_Kirk

You will receive your own blank copy from the court but if not, you can download one - just ask Auntie Google for one. Maybe you should check on MCOL the position of your case, it appears that certain PPC's/solicitors are sending the DQ to defendants before submitting to the court.

weatherman89

Le_Kirk wrote: »

You will receive your own blank copy from the court but if not, you can download one - just ask Auntie Google for one. Maybe you should check on MCOL the position of your case, it appears that certain PPC's/solicitors are sending the DQ to defendants before submitting to the court.

thank you.

weatherman89

I have a court date set for 15/04/19...

weatherman89

sample of my WS, pls kindly advise....

IN THE COUNTY COURT AT STOKE-ON-TRENT, BETHESDA STREET, HANLEY,
STOKE-ON-TRENT, ST1 3BP
CLAIM NO. XXXXXX
BETWEEN

PARKINGEYE LTD(CLAIMANT)
AND
MR XXXXXX(DEFENDANT)

WITNESS STATEMENT

I am the defendant in this matter. Attached to this statement is a paginated bundle of documents marked as EX1 to which I will refer.
I am unrepresented, with no experience of court procedures. If I do not set out my documents in the way the claimant may, I trust the court will excuse my inexperience.
In this witness statement, the facts and matters stated are true and within the my own knowledge, except where indicated otherwise.

1. I am not liable to the claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

2. The defendant is a doctor at the Royal Stoke University Hospital and the said claim is for an area that accommodates some of the doctors who work in the Hospital. The defendant had spoken with some of the doctors who live in this area and was advised that parking is free and it is on first come, first serve basis. The defendant had parked in this area for close to 3 months with any charge notice. So did most of the doctors at the hospital.

3. The defendant recall receiving some parking charge notices from the claimant sometime in July 2018 and ignored them as the defendant believed them to be scam letters due to the fact no warning notices or grace period was applied as stated by the BPA code of practice v6 applied in December 2017, section 18.11, for which the claimant is a member.

4. As stated in the claimant’s parking charge notice that a parking charge is applicable if the motorists fails to enter their full , correct vehicle registration into the terminal in the reception. However, the claimant failed to provide appropriate signage as to where the reception terminal is situated. The BPA code of practice, Part B, states that entrance signs are necessary.
5. The defendant invites the court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as allowable pursuant to CPR 27.14.

Statement of Truth.
I believe that the facts stated in this Witness Statement are true.

Signature…
Date….

Coupon-mad

[STRIKE]The defendant[/STRIKE] I recall receiving some parking charge notices from the claimant sometime in July 2018 and ignored them as [STRIKE]the defendant[/STRIKE] I honestly believed them to be scam letters

Change 'the Defendant' to ''I'' for a witness statement.

You also need evidence! That WS is too short and mentions no evidence enclosed. You need to be referring to your paginated bundle of evidence, such as:

- proof you are a doctor

- pictures of the signs or lack of signs in that corner, and lack of info about using a keypad.

- pictures of the entrance where you walk in, and inside, showing NO obvious 'keypad' in a prominent position, or at all.

- a page or two from the BPA CoP about signage being clear & prominent.

- a copy of the NHS Car Parking Principles (Google it and read it!)

I would also add to your WS that these penalties against doctors are the very essence of unconscionableness, have no 'legitimate interest' excuse unlike the ParkingEye v Beavis case, and thus the penalty rule referred to by the Supreme Court (to be applied to parking charges on a case by case, individual facts basis), remains firmly engaged and the charge is unrecoverable.

And add a point about the fact the regime breaches the Government policy set out for some 4 years now, in the NHS Car Parking Principles (quote the bit about how not to treat staff & patients).

I would also talk about how this is a huge & sprawling site and the car will have been picked up by ANPR cameras from entry to exit, not just in this section. Each section has different rules, ranging from pay & display, to dropping off, to permit holders, to staff only, and to 'registering using a hidden keypad every time' and so it is impossible to be sure which terms apply to the event captured which could be anywhere within the hospital site, given the lack of background in the images. P/Eye are put to strict proof of where their images were captured within the site (the reason to call them out on their images and where they were taken, is here):

http://parking-prankster.blogspot.com/2016/03/parkingeye-lose-in-court-accuse-drivers.html

Was the the ParkingEye set up new in that part of the site? How come you got no PCNs for 3 months then?

If it was new, then add in as evidence the BPA CoP about new restrictions and the need for additional signs and warnings so that people used to the rules, who would not reasonably expect to have to re-read signs every time when they are familiar with the terms already, learn about the change without being penalised.