County Court Defence Advice - failure to park in a 'marked' bay

keep_calm_and_carry_on

Ok - witness statement is ready to go, the points on Lop5's thread were really useful. I've also realised they've issued the notice to keeper too early so does this mean they're truly scuppered? I've highlighted it in my WS.

Is it acceptable to email the WS to the claimants? I will hand deliver the paper copy to court tomorrow.

Coupon-mad

I've also realised they've issued the notice to keeper too early so does this mean they're truly scuppered?

If the Judge agrees that the windscreen notice was a 'notice to keeper' then this would support a defence of no keeper liability, unless the Judge asks you who was driving...

In which case you don't lie but can't rely on the POFA anyway. An early NTK means nothing to a driver defendant.

Is it acceptable to email the WS to the claimants?

Yes and your evidence you are relying on.

Snakes_Belly

Are you aware that you can see all of this car park on Google Maps. Their photos are all taken when there are no cars in the car park. At which court is your case being heard?

Snakes_Belly

Just another point. There is only one sign at the first entry to the car park from Miller's lane. If you go to the turn in by the Travelodge there is no sign on entry. You can also access the car park via Lidl and again no sign on entry. (Fruitcake pointed this out to me).

The ticket machine by the fire door has no board with terms and conditions. The main board with terms and conditions is in very tiny font especially in relation to the £100.00 charge for breaching the terms and conditions.

When I was very briefly in court the Claimant's rep asked me about the car park. It's very hard for a person to understand from Excel's plan. That could work to your advantage. I think you need to stress that this is a very ambiguous car park with delivery vans, taxi firm, workshops and a microbrewery within the car park. It's not just a rectangle with clear signs. It's also a listed building so they are probably limited to where they can place the signage.

keep_calm_and_carry_on

Hello,

Bad luck on also getting persecuted by these idiots!

Yes I've dedicated a fair bit of my witness statement explaining that the car park is chaotic and littered with signs for different car park operators etc. I also took some good photos that really support my case (well, in my opinion!) that show the rubbish signs and the crazy layout.

I'd forgotten you can get through from Lidl too and not see any/many signs. I will make sure I emphasise that.

My case is being heard in Derby. I can't wait for it to be over now, I didn't think it would be this time consuming or stressful! I am NEVER parking there again. I will report back - I reckon my case will provide useful information for yours.

Snakes_Belly

There are numerous signs that are not related to the car park which when you are driving through is confusing. Those cases Excel will have used in their WS have no application in this car park. There are numerous complaints from Travelodge users. I am not using that car park again either.

Good luck for tomorrow.

Snakes_Belly

Don't forget the £60.00 debt collection fee that they will have inflated the claim by. DRP work on a no collection no fee basis.

Snakes_Belly

Just one more thing. Some of the signs that appear to be parking signs (same colour) are 'to let' signs on the units. Part of the Travelodge building (grainstore) is units and the signs are attached to the walls of these units. If all the rep has got is the plan from Excel they will be confused.

https://www.google.com/maps/@52.8073189,-1.6421321,3a,75y,192.92h,77.63t/data=!3m6!1e1!3m4!1sYCZyH3p-RShzNY7RS9_1QA!2e0!7i13312!8i6656

The cobbled parking spaces at the side of the Travelodge are marked in yellow to differentiate them from the Lower Station Car Park. Some of the markings are looking very worn. Some of those cobbled yellow spaces at the side of the building may be for the units but the markings have worn off.

keep_calm_and_carry_on

Thank you - I now am more familiar with this car park than the back of my hand!!! My main argument is that the spaces are a total mish-mash and the place that my car was parked had no indication that it wasn't a space. The cobbled spaces indicate this very well, along with their poor markings.


The WS excel has provided has photos from 2017 when the lines were new, and the plan is very confusing. Hopefully this will all play to my favour if I can explain it clearly enough to the judge.


I'm in court on Friday so will update regardless of outcome!

Snakes_Belly

keep_calm_and_carry_on wrote: »

The WS excel has provided has photos from 2017 when the lines were new, and the plan is very confusing. Hopefully this will all play to my favour if I can explain it clearly enough to the judge.

I'm in court on Friday so will update regardless of outcome!

Same with the WS that I received. All well lit photographs with no parked cars. Comparing cases like Thornton V Shoe Lane which is a barrier car park. Excel will try to say that the contract was formed as soon as you drove into the car park and cite this case. That could be easily defended because there is only the sign by the Travelodge sign as you turn down Miller's Lane from Derby Street. There is a random portable sign in front of the Excel sign. You would drive in from Derby Street on the left so any traffic leaving the car park would block your vision. You are also turning off a main road with two lanes of traffic. You cannot compare this with a barrier car park.

All the best for Friday. You seem to have covered all the bases