NCP Fine - BW Legal Letter of Claim

RINCO

Further update;

I have prepared my evidence. it is as follows;

Exhibit 1; Photo of the entrance of the carpark with the directions annotated. Showing the positions of the signs in relation to the entrance
Exhibit 2; Photo showing further the entrance route into the site so that its clear that it can't be possible to see the terms and conditions sign from the vehicle.
Exhibit 3; Photo Showing further signs regarding tariffs displayed at the pay and display machines. Sign also included that asks you to ring a number or access their website for the terms and conditions.
Exhibit 4; Same as Exhibit 3 but showing the upper portion of the signs
Exhibit 5; Showing the terms and conditions sign viewed from a vehicle entering the site (ineligible as it is 5m away with size 1.0 font)
Exhibit 6; Showing the terms and conditions sign viewed from a vehicle exiting the site (ineligible as it is now on the passenger side of the vehicle and to do so would block the exit)
Exhibit 7; Close up of the terms and conditions sign showing the tiny font
Exhibit 8; Extract point 13.1 of BPA code of practise (Grace periods)
Exhibit 9; Extract point 18.3 of BPA code of practise (Conspicuous signs)
Exhibit 10; Extract point 16.2 of BPA code of practise (time consideration for disabled users)
Exhibit 11; BPA website extract from Kelvin reynolds regarding grace periods and consusling signs. https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods
Exhibit 12; Initial appeal to NCP submitted unknowingly by my father
Exhibit 13; Ariel view showing route taken to view single terms and conditions sign across other end of car park.

I have drafted my witness statement and will collect the others at the weekend. Is it still worth asking for one from my grandfather as it will contain the same if not less information as my own so I'm not sure if it will provide any benefit?

And am I also correct in thinking that NCP should have some form of license or agreement from the landowner to operate? I've seen there evidence and counter arguments and they avoid this point.

See below my own witness statement referencing evidence. Apologies for all the questions thanks for all the help so far.

In the County Court
Claim No.
Between
NCP (Claimant)
and
x (Defendant)

---

Witness Statement

---

1. I am x of x of x, the Defendant in this matter. I will say as follows:

2. On x, I entered an NCP carpark situated on x in a x with the numberplate x.

3. My intention upon arriving at the car park was to park the vehicle and vacate in order to meet my Grandfather in town.

4. It was decided immediately upon my arrival that my grandfather and I would leave the car park. My grandfather was not inside the vehicle at this point.

5. Due to my Grandfather’s nature of disability it took him longer than the average person to enter the vehicle.

6. Due to the time taken I consulted the terms and conditions signage in order to deduce if I was liable to pay a charge or not. I walked on foot and took the route shown in Exhibit 13 as the only terms and conditions signage is located close to the exit of the car park as per Exhibit 1.

7. I found the sign hard to read and could not find the information I required (Exhibit 7) the font is incredibly small and not legible the text is written in a wordy fashion. This is breaches the BPA Code of practice as highlighted in Exhibit 9. Because of this I was not willing to enter into an agreed contract as the terms were not clear. At this point I felt that less than 10 minutes had passed from the point of entry. I then left the carpark.

8. I had no capacity to dial the number shown on signs or access the website shown on the signs in Exhibit 3 in order to access further clearer information on the terms and conditions.

9. When viewing both Exhibit 5 and Exhibit 6 it is clear that the terms and conditions sign cannot be viewed without leaving the vehicle and / or blocking access and egress to the site.

10. Shortly after receiving a PCN I became aware that my father had submitted an appeal to NCP without my prior consent or knowledge as seen in Exhibit 12.

11. An inadequate grace period has been given as required by the BPA Code of Practice which states a grace period of greater than 10 minutes must be offered (10 minutes to exit the car park and an unspecified period to study, accept the terms and make payment) as stated in Exhibit 11. The Claimant is operating in breach of Code of Practice.

12. Consideration has not been made due to the physical ability of my passenger and the fact that it takes longer for elderly people to walk, access and exit vehicles. There are no marked disabled spaces on site. The car park is not manned and therefore no staff to realise the points outlined in Exhibit 10. The Claimant is again operating in breach of Code of Practice.

13. NCP are not the lawful occupier of the land. I have reasonable belief that they do not have the authority to issue charges on this land.

14. The Defendant respectfully suggests that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the Courts should be seen to support.

15. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

16. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth


I believe that the facts stated in this Witness Statement are true.


Signature


Date

RINCO

I've tried writing a skeleton argument but found myself repeating a lot of what is said in my defence and witness statement so I've decided to leave it out.

Could someone check the formatting and wording of the statement above to make sure its the sort of thing thats expected? I'd really appreciate it. I plan to hand the pack in on Tuesday. Hearing set for 9th sept.

Coupon-mad

Don't worry about the skeleton argument then.

I may have missed it but the glaring omission in your evidence is the transcript of the NCP 0 Taxman 1 (that's more or less the thread title!) appeal case (search the forum) using the words we discussed in that thread, where the Court of Appeal held that the contract ONLY begins when the green button is pressed, in a NCP PDT machine car park.

Seeing as that's exactly what your case is about, that is what you need to show your Judge and it comes from the CoA so he/she must pay regard to it.

RINCO

Thanks again CM that is a fantastic find!

here is the post you are talking about
https://forums.moneysavingexpert.com/discussion/6004010/ncp-appeal-tax-man-1-ncp-nil&highlight=ncp+taxman

I will add the transricpt to my evidence file highlighting the key points in 18,19,20.

do you think the witness statement I have provided is sufficient?

Coupon-mad

Yes, I liked the rest of it but was looking for the (hopefully) killer blow of NCP v the Taxman which shows the CoA defined exactly when the contract starts.

RINCO

Coupon-mad wrote: »

Yes, I liked the rest of it but was looking for the (hopefully) killer blow of NCP v the Taxman which shows the CoA defined exactly when the contract starts.

Ah didn't realise that was to be included in the statement! I've added this point. It's similar to what you have stated in the linked thread regarding start of contracts in PDT carparks with ANPR with a few words changed etc..

12. Given that the car park in question uses pay and display machines alongside ANPR. The contract in a PDT machine car park (unlike a free retail park) cannot possibly begin upon driving in, not least because at that point the driver has no idea as to the specifics of the terms and conditions of the contract until they consult the signs. See case law NCP vs HM Revenue customs Exhibit 14.

RINCO

I have handed in the documents to the court today + Costs schedule.

I am aware i need to send the witness statements and evidence by email to BW but do I need to send the costs schedule to them?

KeithP

RINCO wrote: »

I am aware i need to send the witness statements and evidence by email to BW but do I need to send the costs schedule to them?

Yes you do.

Everything you send to the court must also be sent to the Claimant.

Coupon-mad

Yes, you do.

And keep a copy (of every single document) your own bundle for the hearing and take proof of your loss of earnings/salary/leave (e.g. a wage slip).

RINCO

Thanks sent it all over to them now. Will now wait for the hearing