Countrywide Parking Management ltd Appeal Denied

baart77

I had a quick look at @wobs2k statement and I see what I could ammend in terms of the legal arguments reffering to Beavis case, POFA and abuse of process, will work on it now. Do you think I need to change/add anything in points 1 to 11? @wobs2k is not a case of residential car park so not quite sure whether I am going in the right direction with it?

Coupon-mad

In that first sentence of #4, add that you are a permitted tenant and that you were there before the parking firm was inflicted upon the residents.

And to this (below) add a quote from the IPC CoP from that year, where it talks about the need for extra (VERY PROMINENT) signs in places where restrictions are new. Go find the words and quote it and say the Clamant stands in breach of its own Code of Practice.  It is one thing to foist a permit scheme on residents who already enjoy parking rights but quite another to also foist unexpected, disproportionate additional charges not set out in the tenancy agreement, and that are not clearly and conspicuously drawn to the attention of residents:

"Considering I have been parking there since 2014 without any problems I can not be reasonably expected to check every time I arrive whether someone decided to put something on the wall".

Le_Kirk

4. The place of the alleged incident is a residential car park. The entrance to the car park is marked by a brick fence on both sides. The car park and the building are by main busy a busy main road. There are parking spaces in front of and behind the building and behind (as seen in the attached photo). The only safe way to stop to view the car park terms and conditions is by entering and parking the car and taking deliberate effort to look for any signage. Considering I have been parking there since 2014 without any problems I cannot be reasonably expected to check every time I arrive whether someone decided to put something, e.g. a sign on the wall.

Question - what is a brick fence?  Do you mean a fence or a brick wall?  Did your defence major on signage, permit (or lack of) or was it primacy of contract?  The WS is confusing as it seems to change between the three different arguments - just needs a bit of reorganisation.  Some suggestions above to make it read and flow better.

baart77

Ok, thank you for the suggestions. The defence was based on inadequate signage, no grace period applied, primacy of contract and finally poor quality of photos provided as evidence of no permit displayed. I thought the more evidence of their failure I can provide the better and that those arguments are of equal weight in this situation. 

It is a brick wall and a fence, sorry, I must have rushed it a bit when typing  

Le_Kirk

The witness statement is to back up and support your defence as already filed, therefore it should be the narrative, the story of what happened on the day and subsequently but in an ordered manner such that it follows the defence points.  You cannot introduce new legal points in the WS unless you first set them out in the defence.

baart77

Hi,

as advised I am finishing the witness statement based on @wobs2k one, but I am struggling with one bit. In that statement he refers to claimant's witness statement and documents supplied with it but the problem is I have not had anything from them yet and in earlier corespondence they have not provided any evidence of any contract with the landowner. So do I wait in case they send something and then address it in my statement or do I just work with what I have got? I still have a few more days left. What if they don't send anything?

baart77

Also as my dad is retired he can't technically claim loss of earnings so what do I put there?

KeithP

baart77 said:

Also as my dad is retired he can't technically claim loss of earnings so what do I put there?

£0.00 - isn't that obvious?

baart77

Ok, I thought there might be something he can claim anyway in that respect. Do I understand correctly I can't claim anything if I am helping him as a lay rep?

Coupon-mad

If they don't send anything in time then they are in breach of the Order.  Wait as long as you dare.