Parking Eye Court Claim Form - Please help

Umkomaas

hurtbuyer wrote: »

I ignored all letters earlier and only formally stated it in the defence submitted.

One other question. I assume I will receive a copy of what PE are sending to the court but this will be sent to me by PE just as I need to send a copy of my WS to PE.
Since the dates maybe similar, I assume I may not have the opportunity to counter anything they say in their documentation within my WS.

It's likely that you'll get the standard 108 (or whatever daft number) paged WS and evidence template from PE. There will be little of a bespoke nature.

You might want to do a forum search on keywords 'ParkingEye Witness Statement' (note: PE as one single word, otherwise you will generate ten zillion posts which contain the word 'parking'! ) as I'm sure others may have linked the tome via Dropbox somewhere on the forum. At least you can then have a preview of the drivel you might receive and start mulling over possible points to argue in court should they be raised. Forewarned, and all that stuff!

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Coupon-mad

You need two Witness Statements, plus your evidence.

hurtbuyer

Coupon-mad wrote: »

You need two Witness Statements, plus your evidence.

One from me, one from my wife?

I imagine the one from my wife needs to have the meat of the matter with all the information, linking to the images.

What does mine need to say? Is it just a statement that my wife was driving the car on the day?

Thank you very much.

Coupon-mad

Yours has all the evidence numbered, like the examples in the NEWBIES thread.

hurtbuyer

Coupon-mad wrote: »

Yours has all the evidence numbered, like the examples in the NEWBIES thread.

My apologies, I did not understand what you meant there.

Does my wife need to do one with her side of the story regarding signage etc.? Does she need to provide the pictures of the site with what signage there is.

When you say mine has evidence numbered - does that refer to my wife's witness or the narrative about the signage and accompanying pics?

Would you please elaborate for me. Also if there is a specific example which you think might be relevant, I will be grateful if you could point me towards it.

Many thanks.

Coupon-mad

Simply search (CONTROL & F) the NEWBIES thread for the word 'Witness'.

That shows the examples of a Defendant's WS, and typical evidence (each item numbered and referred to by number in the WS). YOU provide the signage and case law evidence with your WS as you are the Defendant and main witness.

Like the version currently on the first page or two of this forum today, by PrettyKittyKat, who has also had no experience of this but has put together a damning WS about the signs/location and the facts, referring to attached evidence.

In your case, your WS should also refer to an enclosed WS from your wife. That's more simple, just the story of what happened on xx date, with a statement of truth at the end, signed & dated by her.

hurtbuyer

Just tried to write down my wife's statement as a starter for 10. Any thoughts on it's appropriateness.

In the County Court at Cardiff, Cardiff Civil Justice Centre, 2 Park Street, Cardiff CF10 1ET.

Claim No. XXXXX

Between

PARKINGEYE LTD (Claimant)

and

Mr YYYYYYY (Defendant)

Witness Statement by Mrs YYYYYY (Defendant's wife and driver of the car on the day)

1. I work as a XXXXXXXX in the University Hospital of Wales Cardiff. I attach an image of my identity card (attachent YY001).
   
   
2. I hold a general staff car parking permit for the car in question (reg no. XXXXXX) whose registered keeper is my husband XXXXXX. I attach a confirmation email from the Parking Department at the University Hospital of Wales YY002 as physical permits are not issued.
   
   
3. The management of car parking at the hospital changed to ParkingEye on 5th June 2018. All zones and signs including colour coding changed. Also a new ANPR system was started.
   
   
4. General Staff Parking zone signboards are now in yellow and white with no time limit restrictions. Visitor parking zone signboards are in blue and white and have a 4 hour restriction.
   
   
5. The University Hospital of Wales site is huge and there are several thousand car parking spaces spread across multiple zones. When the parking system was totally overhauled, the only way to work out where one can or cannot park on a daily basis was to look for signage. In this case the signage for parking in the small stretch of land on which I parked indicated that it was a general staff car park, signposted using yellow and white signs.
   
   
6. On the YY of June (X weeks after the changes) as I arrived for work in the morning and was looking to park the car (XXXXXX), I turned right from XXXXXX street where I could clearly see yellow and white sign boards indicating a general staff car parking zone. As I drove in, there were two options for me - to go straight into the large car park inside or turn left to enter another very small car park which had a handful of spaces.
   
   
7. Upon receipt of the PCN, I visited the car park and have taken photographs. Exhibit YY003 shows the view that I had when I could either go straight into the larger car park or turn left into the very small car park. As can be seen from the photograph, all sign posting both in English and Welsh were in yellow and white saying that it was a general staff car parking zone. At this point there were no blue and white signposting indicating that the car park on the left was for visitors.
   
   
8. The smaller car park being closer and upon seeing a space available, I turned left to park in the space on the assumption that it was a general staff car parking space. There were no blue and white visitor parking signboards in view. Exhibit YY004 shows the area where I parked and the absence of any further signboards.
   
   
9. The small car park is proportionally much smaller than the larger one. I attach two google map images YY005 (unlabelled) and YY006 (labelled) to show the dimensions. Given that both have a common point of entry and the lack of any blue and white visitor parking signage, it is not possible for anyone to logically think that the smaller car park is not part of the bigger car park and hence has the same terms and conditions for parking.
   
   
10. Following this my husband, Mr XXXXXXXX (as registered keeper of the car) received a PCN notice in the post stating that there had been an overstay in the car park referring to it as a public car park zone ZZ.

I will be grateful for any feedback.

hurtbuyer

One other query:

Along with the pics that I have taken there, should I attach google street view pics as well - both will look quite similar.

Coupon-mad

You can if it helps show the signs on a certain date, as GSV lets you change it.

Oh dear...Cardiff Court. Not good.

hurtbuyer

Coupon-mad wrote: »

You can if it helps show the signs on a certain date, as GSV lets you change it.

Oh dear...Cardiff Court. Not good.

Ok - the date helps because I can find imagery from before PE took over. Why is Cardiff not a good option - hostile judges?

What did you think of the line of writing my wife's WS?