Help please there taking me to court

Cuppel69

Cheers I included a cost sheet for 170 quid and it's all been handed in. I'm going to enjoy a weekend away with family before doing skeleton next week I'll post when I'm done.

Cuppel69

page 1

In the County Court at Leeds, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG

Claim No. xxxxxxxxx

Between

JD Parking Consultants Limited (Claimant)

and

xxxxxxxxx (Defendant)




SKELETON ARGUMENT ON BEHALF OF xxxxxx xxxxx



INTRODUCTION:



1.The purpose of this document is to assist the court in the above hearing scheduled for xx/09/19



2. The claimant’s witness will not attend the hearing this is a significant disadvantage for the defendant.



3. The claimant refers to signage as forming a contract this is impossible as will be shown.



4. The claimant has repeatedly failed to follow their Codes of Practice.



5. The defendant will highlight to the court that the claim is fundamentally flawed and the claimant has behaved unreasonably.



6. the defendant will highlight an abuse of process in this case.















page 2

THE ISSUES:



7. The defendant has identified the following areas of dispute:



( a ) Prominence, poor and confusing signage



( b ) Failure to comply with Code of Practice



( c ) Penalty



( d ) No contract



( e ) No authority to issue



( f ) Abuse of Process




page 3



GENERAL ARGUMENTS:



( a ) In order to be an accredited member of the British Parking Association (BPA), which the claimant claims to be, compliance with the Code Of Practice, (COP), (P18) is compulsory.

I submit an extract of Parking Eye v Beavis (P21) point111, where helpfully it was pointed out that: while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced.

The BPA COP (p18) clearly states on page 19, paragraph 28 what signage is needed, further to this on page 28 is an example of a mandatory entrance sign. There are no entrance signs and nothing else to direct a person to the claimant’s terms and conditions.

In the Protection of Freedoms Act 2012 (PoFA) (P17) on page 2 paragraph 2 sub paragraph 2, and paragraph 12 page 4, it states that adequate notice by way of signage is to be displayed.

The sign the claimant has submitted in its witness statement was positioned approximately 12 feet high on a wall, it is very wordy and in very small font. A 5 pence piece is 18 mm in diameter and covers 2 lines of text including space between. The text is approximately 7 mm high making it unreadable at that height.

The sign says to park in a designated bay, but I ask how are the bays designated as signs from another parking company are positioned in some bays while many other bays are not signed at all. There are no maps or floor markings to help either.

I received a site map in claimants witness statement, I have submitted a copy of this with added pictures showing how confusing it is.



( b ) As far as what has been evidenced the vehicle was issued to instantly, with no observation time or grace periods adhered to.
I submit a document I received (P14).
Page 9 paragraph 13 of the BPA COP, which relates to grace periods, clearly states that a grace period is to be applied to parking. The BPA COP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space, to read the signage, and to exit the car park once they have finished parking. Grace periods are not defined, but the BPA COP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4).


page 4


( c ) As the claimants company does not have proprietary interest in the land I require that they produce an unredacted copy of the contract with the land owner. Paragraph 7 of BPA COP on page 7 sets out mandatory requirements. I’ve attached a land registry document (P16) showing the land belongs to Leeds City Council.

The claimant has submitted an agreement between themselves and Leeds City College in their witness statement but I’ve submitted a land registry document (P16) showing the land belongs to Leeds City Council.

This agreement does not say J D Parking can enter into contracts, it can only issue Parking Charge Notices. It also says it will abide by BPA COP which I believe it does not.

As it is unclear as to why this charge has been made, breach of contract or trespass or other, I attached a copy of case number C7GF6E3R PACE v Lengyel. (P20) I believe this helps distinguish and is relevant in many points to this case.



( d ) I believe there has been an abuse of process in this matter The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the PoFA (P17), Schedule 4, paragraph 4 (5).

It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. A recent court case where this was found to be the case is Claim number is F0DP201T District Judge Taylor
Southampton Court, 10th June 2019. I have included an extract from this case (P18).


ALL HELP APPRECIATED
what do we think as always thank you all.

U414830

https://www.youtube.com/watch?v=n93eoaxhzpU

U414830

To my untrained eye it looks good but ask again for others to help.

Cuppel69

This will be my final draft of skeleton, i know formatting is not great on here but that aside i welcome any comments and suggestions. the documents i've referenced in this, have already been submitted with my witness statement. Do i need to print them off again and attach to this skeleton statement also.
This point is very important as i am handing in tomorrow and posting to Gladstones i've come this far don't want to mess up now.


In the County Court at Leeds, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG

Claim No. xxxxxxxx

Between

JD Parking Consultants Limited (Claimant)

and

xxxxxx xxxxx (Defendant)




SKELETON ARGUMENT ON BEHALF OF xxxxxxxxxx xxx



INTRODUCTION:



1.The purpose of this document is to assist the Court in the above hearing scheduled for xx/09/19



2. The Claimant’s witness will not attend the hearing this is a significant disadvantage for the defendant.



3. The Claimant failed to comply with Protection of Freedom Act 2012



4. The Claimant failed to comply with its’ own Codes of Practice



3. The Claimant refers to signage as forming a contract this is impossible as will be shown.



4. The Defendant will highlight to the Court that the claim is fundamentally flawed and the claimant has behaved unreasonably in pursuing it through the Courts.



5. The Defendant will highlight an abuse of process in this case.



6. The Defendant invites 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.

---

THE ISSUES:



8. The Defendant has identified the following areas of dispute:



( a ) Prominence, poor and confusing signage



( b ) Failure to comply with Code of Practice



( c ) Failure to comply with Protection of Freedom Act 2012



( d ) No contract



( e ) No authority to issue



( f ) Abuse of Process

---

GENERAL ARGUMENTS:



9. In order to be an accredited member of the British Parking Association (BPA), which the Claimant claims to be, compliance with the Code of Practice, (CoP), (P18) is compulsory.



( a ) I submit an extract of Parking Eye v Beavis (P21), point 111, where helpfully it was pointed out that: while the CoP is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced.



( b ) The BPA CoP (P18) clearly states on page 19, paragraph 28, what signage is needed, further to this on page 28, is an example of a mandatory entrance sign. There are no entrance signs and nothing else to direct a person to the Claimant’s terms and conditions.



( c ) In the Protection of Freedoms Act 2012 ,(PoFA) (P17) on page 2, paragraph 2, sub paragraph 2 and 3, it states that adequate notice, by way of signage is to be displayed, also on page 4, at paragraph 12, sub paragraph 3, it states: requiring notices of more than one kind to be displayed on relevant land.



( d ) Page 11, in the BPA CoP is dedicated to signage, how they must be placed and worded so that they comply with PoFA (P17). The claimant fails on points 18.2 and 18.3 and subsequently not have used PoFA to obtain keeper details.



( e ) The sign the Claimant refers to was positioned approximately 12 feet high on a wall, it is very wordy and in very small font. There is no prominence given to terms and conditions.



( f ) To give an example of the text , a 5 pence piece is 18 mm in diameter, when held against the wording on the sign it covers 2 lines of text including space between. The text is approximately 7 mm high making it unreadable at that height.



( g )The sign referred to by the Claimant says “to park in a designated bay”, but I ask, how are the Claimants bays designated and made distinguishable from other bays they have no control over. Signs from another parking company are positioned in some bays, while many other bays are not signed at all. There are no maps or floor markings to help either.

( h ) I received a site map in Claimants’ witness statement, I have submitted a copy of this with added pictures showing how misleading it is. If the map is accurate, why is the Claimant placing signs in areas it has no control over, then neglecting large areas where it claims to enforce. I believe this may be a tactic to force drivers to park in what is perceived to be a free bay and then try to penalise said driver with a penalty charge.

( I )As it is clear the Claimant does not have enforcement rights for the entire car park, it would be a minimum requirement to mark its own bays, by way of signage, floor markings or a site map with an entrance sign alerting a driver to their existence.



10. As far as what has been evidenced the vehicle was issued to instantly, with no observation time or grace periods adhered to. I submit a document I received. (P14)



( a ) The document shows no observations were taken, on page 9, Paragraph 13, of the BPA CoP, (P18) which relates to grace periods, it clearly states: That a grace period is to be applied to parking. The BPA CoP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space, to read the signage, and to exit the car park once they have finished parking. Grace periods are not defined, but the BPA CoP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4).



11. As the Claimant's company does not have proprietary interest in the land, I require that they produce an unredacted copy of the contract with the land owner. Paragraph 7, of BPA COP on page 7, sets out mandatory requirements. I’ve attached a land registry document (P16) showing the land belongs to Leeds City Council.



( a ) The Claimant has submitted an agreement between themselves and Leeds City College in their witness statement, but not the land owner. Only the land owner can give permission to an acting company to enter in contracts and or issue Parking Charge Notices.



( b ) This agreement does not say J D Parking (the Claimant) can enter into contracts, it says they will provide Parking Enforcement and issue Parking Charge Notices.



( c ) This would mean they have failed to comply with PoFA (P17) paragraph 2 to form a “relevant contract”

( d ) The agreement also says the Claimant will abide by BPA COP, which it does not.


12. As it is unclear as to why this charge has been made, breach of contract or trespass or other, I attached a copy of case number C7GF6E3R Pace v Lengyel. (P20)

( a ) I believe this helps distinguish and is relevant in many points to this case. I believe all three of the Judge’s concerns in this case are relevant to this case. I believe I am able to evidence this using the above arguments.

13. I believe there has been an abuse of process in this matter.

( a ) It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.

( b ) The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, this additional charge is not recoverable under the PoFA (P17), paragraph 4, sub paragraph 5.

( c ) A recent court case where this was found to be the case is Claim number is F0DP201T District Judge Taylor
Southampton Court, 10th June 2019. I have included an extract from this case (P18).

Cuppel69

Sorry for the bump but would like some feedback on previous post as said it's going in tomorrow and don't want to miss anything. I'm getting nervous now.

Le_Kirk

I might change point 8(a) to read "Lack of prominence, poor and confusing signage."
Not sure if you need to add the detail of the general arguments as, surely, you have provided all of that in your witness statement (WS) and evidence. This is not a re-working of your WS but an aide memoire to assist you on your day in court.

Cuppel69

So today I'm preparing for friday. I remember reading early on about Gladstones not attending and using a rep, I can't find anything about how to challenge their right to represent. Sorry I've looked in newbies and some other posts but can't find anything.

Le_Kirk

It's called Right of Audience - try reading this by Parking Cowboys

nosferatu1001

Right of Audience is wht youre looking for
You need to be VERY clued up on this and frankly you woul dhave betetr time spent elsewhere, IMO.