Link Parking | IPC

CCob

Thanks for the reply Redx. Do I just modify the exiting witness statement and resubmit it entirely, or just include the extra that is needed?

Redx

a supplementary would include stuff that WAS NOT in the original witness statement, hence the word supplementary

CCob

Would you be so kind as to review my points made in the supplementary ws? I have left off the headings and statement of truth for brevity. Thanks

1. The Claimants witness statement refers to the contractual agreement, paragraph 15.3 states “VEHICLES DISPLAYING A VALID PAY AND DISPLAY TICKET IN THEIR WINDSCREEN WITH THE EXPIRY DETAILS CLEARLY VISIBLE AND PARKED WITHIN THE CONFINES OF A MARKED BAY”. As stated clearly in my defence, there was no available mechanism to display a valid pay and display ticket in the windscreen and the claimant has made no response to this point within the defence. Evidence of this is visible in exhibit XXX from my own witness statement and indeed the claimants witness statement, exhibit XXX

2. Paragraph 34 of the claimants’ witness statement indicates that no appeal was lodged. This is incorrect as I lodged an appeal on the XXX December 20XX to the claimant directly, see exhibit XXX.

3. Paragraph 34 of the claimants’ witness statement also referrers to the 21-day challenge period for the appeals process. I requested a subject access request from the claimant which included copies of the parking charge notices. The “Appeals and Complaints” section states 28 days from the date of issue and not the 21 days as the claimants’ witness statement states.

4. The claimants exhibits XXX and XXX include electronic copies of each parking charge notice issued. The copies received via the subject access request are different. Whilst there is a footnote to the exhibit indicating digital copies may be formatted differently than the originals, it calls into question why two digital copies of the parking charge notices differ in such a way between the subject access request and the claimants defence submission.

5. Considering the statements raised above, this seems to call into question the reliability of the claimant’s witness statement that was signed under a statement of truth.

CCob

Hi All,

Just an update on the case for you. The case was dismissed by the judge due to the claimants evidence photos being unclear.

The judge wouldn't award any costs back to the defendant for some reason though, I don't know why that would be the case.

Thanks for all your help guys, don't think I could have prepared the case without all the help.

The_Deep

The judge wouldn't award any costs back to the defendant for some reason though, I don't know why that would be the case.

Why do you not know? Did you not ask him/her? Judges are accountable for their decisions. Read this,

https://www.gov.uk/complain-judge-magistrate-tribunal-coroner

Redx

Well done regardless and up yours Link Parking l

Another one bites the dust !!

Umkomaas

Had you forwarded a Costs Schedule ahead of your hearing? Did you take pay slips with you to confirm you earnings levels?

CCob

The_Deep wrote: »

Why do you not know? Did you not ask him/her? Judges are accountable for their decisions. Read this,
https://www.gov.uk/complain-judge-magistrate-tribunal-coroner

No I did not ask, the whole process has been quite stressful and intimidating to be honest. The judge mentioned a form can be filled in but he simply said "in a case like this I would deny it anyway".

My wife had to do the talking (defendant) and was a nervous wreak because there was no record of me asking to be her lay representative, even though I had asked on the same email as the supplementary evidence which the judge had in his hand.

CCob

Umkomaas wrote: »

Had you forwarded a Costs Schedule ahead of your hearing? Did you take pay slips with you to confirm you earnings levels?

That is probably where I had gone wrong and maybe because that had not been done, that's why he wasn't willing.

nosferatu1001

Youre always entitled to ordinary costs, remember - the half days loss of leave. A lot of Djs forget this.