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

Snakes_Belly

https://www.google.com/maps/@52.8076133,-1.6426981,3a,75y,203.7h,85.84t/data=!3m6!1e1!3m4!1sYRtgRtq19rnIW7JLdC-mQg!2e0!7i13312!8i6656

The above image shows all the signs at the entrance. There is too much clutter to see the sign while driving. Also this is the entry to the Lower Station Car Park. There are some cobbled area's that are marked no parking so it is ambiguous and inconsistent.

keep_calm_and_carry_on

Thank you - I've emphasised this in my skeleton argument. Do you know if it would be acceptable to take a laptop along to show google maps? I have used stills from google in my WS but didn't declare I'd be taking a video.

Snakes_Belly

My understanding is that it's OK providing you are not adding new arguments. I found some better images and telephoned the court and said that the pictures were just better images of the ones in the WS. I also took some more images to court and the judge accepted them.

It's so hard to explain that car park so the laptop would be useful. There is the Brew Hut, the pub, taxi office and then all the workshops and arches. Delivery vans and dray men delivering to the Travelodge. You can then show your entry into the car park and what signs were there or NOT.

The painting of the marked bays has faded a lot since Excel took those photographs.

As a matter of interest when you took photographs of the car park was the fire door (Travelodge) open at the time? I am not from Burton. Very occasionally I have used that car park when I go to Nottingham. I did go back to take some photographs.

keep_calm_and_carry_on

Excellent, I'll give it a go. The worst they can do is say no.


I will have a look through my photos and let you know if I have any of the Travelodge area. If you need any more taking then let me know as I get the train most days and it'd be no problem to nip over.

Snakes_Belly

What happened to me was that the main ticket machine was not working and I could not find another even though I had a good look around. I was catching the train and left a note on the windscreen.

There is another machine which when I saw their plan I could not understand how I had missed it. I went back to the car park and saw that it is just a machine with no signage and in between two blue bins by the fire door. I have not seen this machine before but I have seen the fire door open and people standing outside smoking. I think that when the fire door is open it could hide the ticket machine.

I have an old photo before Excel were managing the car park showing the fire door open. On the day I went to take the photographs there was a laundry van outside which blocked the view but the fire door was shut. On google maps there is also a van blocking the view. It would be useful thought to have a recent image of the fire door open. I think that is the smokers area by the bins. An image would be great but don't go out of your way. Thank you.

https://www.google.com/maps/@52.8071004,-1.64273,3a,75y,172.21h,83.08t/data=!3m6!1e1!3m4!1sGSE-qTsGPIDyvPjoeuBZ-Q!2e0!7i13312!8i6656

Coupon-mad

If you plan to show a video, also take your laptop, as the court will not have available a method to suddenly show a video if you are not ready to show it. You might not be allowed but if you have it ready and the laptop on and open at the right video ready to hit 'play' you can try, and after all it's not news and not 'new evidence' as it merely confirms the photos.

Take a costs schedule and your wage slip, and proof of emailing the WS to Excel.

Snakes_Belly

Excel may have cited a case to support the £60.00 that they have falsely inflated the claim by. This is my post below and the answer from nosferatu1001

With regard to Chaplair v Kumar my understanding of this case is that it relates to costs that have actually been paid out by the claimant.

I thought that this related to a management charge that the landlord had actually paid to the management company for management of communal area's window cleaning etc. My point is though that it was a cost paid for a service which actually delivered. Not a no collection, no fee.

This was the answer by nosferatu1001

There's two arguments to come at it
One, it was in a signed contract
Two, it had been paid.

keep_calm_and_carry_on

Thanks both - I will make sure I follow your advice.


Excel are citing that case - I have batted that down in my Skeleton Argument.


Urrggh! Can't wait for this to be over now!

The_Deep

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Snakes_Belly

keep_calm_and_carry_on wrote: »

Urrggh! Can't wait for this to be over now!

I really psyched myself up and was early for my court hearing. The rep was self employed and came from North Staffs. Then the case was rescheduled. I really was not expecting that.

I hope that it all goes well and I will be rooting for you.