Court claim form - what now?

Coupon-mad

Defence looks fine.

I've omitted the previous references to disabled occupant / driver, disabled spaces and lack of signage between those and entrance / exit for sake of brevity.

I would mention it, as a disabled driver has far more signs/terms to contend with than other drivers.

chyvan

Thanks Coupon, will concisely squeeze it in!

chyvan

Does this look sufficient for the disabled reference? There's lots more context involved, of course, but I was trying to follow the example of identifying the legal grounds at this stage. Does it do enough? The disabled space was right by the car park entrance / exit, with no signs anywhere near, no sign easily visible on the way in, no sign facing inward that you would see walking out, and the easiest access for disabled users of the car park from the disabled spaces is through the vehicle entrance rather than pedestrian path.

Coupon-mad

Yes that's fine but state the driver was disabled, in the defence. I don't think it does?

chyvan

Thanks Coupon. Was trying to keep the 'vagueness' about driver / keeper, as particulars etc still unclear who is being pursued and why. Better to clearly state in that point that the driver was disabled? Car is registered as tax free for disabled driver, with free / extended parking in many car parks.

Coupon-mad

Say that the car is a Motability vehicle, registered as tax free for disabled driver/passenger use, and the Blue Badge was displayed but the terms bombarding the occupants of the car were overly complicated, etc.

chyvan

Thanks. My defence is focusing on the lack of signage, especially for disabled users; should I still say that

terms bombarding the occupants of the car were overly complicated,

?
No mention anyway on signs about disabled drivers! (Checking photos!)

chyvan

Right, hopefully this covers it sufficiently, and ready to submit!
8. Further, the Claimant’s signage and meters are insufficiently positioned and located for the needs of the disabled driver / occupant. The Vehicle is registered as tax free for disabled driver / passenger use and the Blue Badge was displayed whilst parked in the disabled space. No signs are located near the disabled spaces. Where present, the Claimant’s signage is written in a variety of fonts, colours and sizes, with the Terms and Conditions in a very small and difficult to read font, which does not mention disabled drivers. Different signs provided by the pub are alongside the Claimant’s signs. These confusing, overly-complicated and sparsely located signs are incapable of forming a legally binding contract for drivers with disabilities.

chyvan

Submitted!

chyvan

Just trying to put together the Witness Statement and bundle for court ready for appearance next week. Feeling rather stressed by it all and getting myself in a pickle! I'd really appreciate some thoughts on my WS below please! Very many thanks!
IN THE COUNTY COURT

CLAIM No: XXXXXXXXXXXX

BETWEEN:

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

XXXXXXXXXXXXX (Defendant)

________________________________________
Witness Statement
________________________________________


1. I, XXXXXXXXXXXXXXXx of XXXXXXXXXXXXXXX, am the Defendant
2. I am the registered keeper of the vehicle in question.
3. Given that the alleged incident occurred over three years ago, it is not possible to accurately recollect who was driving the vehicle at the time.
3.1. Several people are insured to drive the vehicle.
3.2. The Claimant has not provided evidence for who was driving the vehicle on 13/05/16.
4. On the 13th May 2016 we drove to XXXXXXXX pub to purchase fish and chips for the family from ‘XXXXXXXXXX’, the takeaway part of the pub.
5. We had previously driven to the pub for a meal on occasion, parking in the pub car park.
6. We were aware that the car park at XXXXXXXX was for customers only, and had used it as such.
7. When driving to the nearby beach, we used the beach car park rather than the pub car park.
8. We had not visited the XXXXXXXX pub yet in 2016
9. We were not aware that the car park had recently changed to become ‘Pay and Display’, and that the terms for use of the car park had changed, now requiring customers to register car details with pub staff.
10. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself
11. The car XXXXX is registered as a vehicle for a disabled driver, with road tax having no charge
12. Mrs. XXXXXXXXXX receives Personal Independence Payments (PIP) for disability, including a component for mobility, and possesses a ‘Blue Badge’ for disabled drivers
12.1. The car is insured in her name and she is the main driver
12.2. Mrs XXXXXXXXX is also regularly a passenger in the vehicle when driven by others
12.3. The Blue Badge can be used whether Mrs XXXXXXXXX is driver or passenger
12.4. The DVLA and insurance company have both been informed of Mrs XXXXXXXX’s disability, medical condition and limited mobility
13. We approached the XXXXXXXX carpark in the vehicle from the right hand side (nearest the fish and chip shop), from XX Road – this is the usual way to access this car park as XXX Lane is steep and narrow, and we would have come from XX Road.
14. Photographs of the entrance show there were no parking signs from UKCPM easily visible to drivers approaching from the right hand side
14.1. The blue ‘Pay & Display’ sign is the only one angled towards the right, but even this is not clearly visible to drivers
15. Signage at the entrance to car parks needs to be especially clear, as drivers are necessarily paying more attention to manoeuvring through the entrance and around other vehicles and pedestrians than to the detailed wording of car park signs, or even the presence of such signage
15.1. This is especially true of this car park, where there is no pavement and there are frequently significant distractions for drivers, including pedestrians: families with children, beach bags, surfboards and dogs
15.2. The narrow entrance to the car park is the width of one vehicle, and is also the exit, so drivers are concentrating on manoeuvring around vehicles on the road and which are exiting the car park, as well as pedestrians on the road, cyclists and other road users
15.3. There is no space nor opportunity to stop and read signage at the entrance to the car park, even if the signs had been noticeable to drivers and the small font had been legible from the car
16. Disabled drivers in particular have more to contend with, and will rightly be concentrating on safe manoeuvring rather than small and complicated car park signage, even if these had been noticed
17. The vehicle was parked in the disabled bay of the car park, right by the entrance, as marked on the photographs provided by the Claimant
17.1. The Claimant is put to strict proof of where the vehicle was parked
18. The disabled ‘Blue Badge’ was displayed on the vehicle dashboard
19. There was no signage visible anywhere around the disabled parking area, or any of the parking bays near the entrance
20. The Claimant has provided a ‘site map’ image which they propose identifies the location of signage around this carpark, however there is no photographic evidence provided to confirm the location of these signs, the wording on them and size of font
20.1. The Claimant is put to strict proof of the location and actual content of this alleged signage near the entrance and disabled parking bay
21. I have provided photographs that show there is no signage around the disabled parking area nor the bays near the entrance
22. I therefore refute the Claimant’s assertion at paragraph 22 of their Witness Statement that we parked “having read the sign”, as there were no signs nearby to read.
23. Further, the Claimant’s declaration in paragraph 25 that “signage at the site is clearly visible … prominent throughout the parking area” is entirely inaccurate and a deliberate attempt to mislead. The ‘site plan’ to which the Claimant refers does not provide evidence of the location and content of the signage, but is merely unsubstantiated claim of what should be there, but isn’t.
24. We went by the direct route from the disabled parking bay to the fish and chip shop: through the vehicle entrance / exit
25. It will be noted this is the shortest, most logical and most direct route
25.1. One of the pedestrian exits from the car park is next to the pay and display meter and signage, but this is a longer route from the disabled parking bays, and passes through the crowded ‘beer garden’ terrace, forcing one to manoeuvre between tables – a challenging prospect for disabled customers with mobility difficulties
26. There was no signage at the exit to the car park, facing into the car park, to be read by drivers or pedestrians leaving the car park through this gateway
26.1. Again, the simplistic satellite image with annotations provided by the Claimant indicates the location of signage at the car park entrance, but fails to provide clear evidence of the nature of this signage, and the direction it faced
26.2. The photographs I have provided clearly show there were no signs visible upon exit from this carpark
26.3. The Claimant is put to strict proof of the location, positioning and content of this alleged signage at the vehicle exit
26.4. I have repeatedly requested this information from the Claimant, without response beyond the satellite image with arbitrary, subjective manual annotations
27. With limited mobility, it took a while to go the short distance over the road from the car park to the ‘XXXXX’ fish and chip takeaway, which is part of the XXXXXXXX pub
28. We waited for the family’s order (totalling more than £10) to be cooked, then returned to the car the same route, approaching the vehicle entrance alongside the white wall adjacent to the car park, to avoid traffic as there is no pavement.
29. Again, the signage on the left side of the car park entrance is not visible when approaching from the right, especially for those with limited mobility who are concentrating on safely negotiating traffic where there is no pavement, rather than looking out for new car park signage
30. We returned immediately to the car with our fish and chips and exited the car park through the same vehicle entrance/exit, which had no signage visible, as emphasised above
31. As customers of the XXXXXXXX facilities, we were confident we were entitled to free use of the car park as usual, and were not aware that the terms of this had changed until we received communication from UKCPM
32. Staff at the ‘XXXXXX’ did not alert us to the need to register our details, either with them or at the bar in the main pub
33. There were no signs or notices up in the fish and chip shop nor nearby to alert customers about the need to register vehicle details to enable the free parking
34. I was surprised, alarmed and somewhat distressed when I received the first demand for payment from UKCPM, but having just been made redundant I did not have the money to pay. I knew I had used the car park in good faith as a customer and I hoped if I ignored the demand for payment the letters would stop.
35. I was in a state of fragility and low mental health at the time, so unable to proactively deal with appealing this parking charge issue on top of my desperation to find employment.
36. I received no further communication from UKCPM after the demand for payment letter dated 13th June, until the sudden appearance of the letter from Gladstones a full two years later.
37. Having now had the opportunity to review the signage at the XXXXXXXX car park, it was clearly not fit for purpose, and the evidence in the Claimant’s bundle relating to signage is insufficient, undated and inaccurate
38. The image in the Claimant’s bundle labelled ‘9’ apparently shows an example of signage present at this site, however the Claimant does not indicate where this particular sign would be located, nor is this a photograph of an actual sign from the car park, rather it appears to be a proof printed from file of a sign which was intended for display
39. I have attached photographs of actual signage present in the car park. It will be noted that these differ in several aspects from the image provided by the Claimant, as such this is another example of the Claimant’s misleading and inaccurate evidence.
40. Although, for reasons detailed above, the sparsely located signage which had only recently been erected in the car park was not seen at the time, it is clear on both the example provided by the Claimant and my own evidence that the small font used and the reference to a “Parking Charge of £100” buried amidst a confusing section of overly complicated text would be impossible to read and process as the driver of a passing vehicle, especially whilst manoeuvring, even if signs had been located in such a way as to be visible.
40.1. It is especially difficult for disabled drivers to read and process small fonts and overly-complicated text when they are likely to be concentrating more on safe manoeuvring
41. I have provided an image of the sign from the entirely different Beavis case for comparison, where the difference in font size and clarity of signage completely contrasts with the UKCPM sign.
42. Both the signage example provided by the Claimant and my own accurate evidence of the signage present, though not seen at the time, clearly state that parking is free for customers. This continues the previously existing terms under which we had used the car park as customers, confirming it was reasonable for us to assume parking would still be free for us as customers on this occasion. Since we had not seen the sparsely located, ineffectual and unclear signage, we were unaware that the terms of using the car park had now changed slightly, and we were expected to make staff aware of our vehicle details. Staff did not inform us of this either.
43. The Claimant seems unaware in their point at paragraph 27 of their witness statement that customers are entitled to free use of the car park
44. It will be noted also that the actual signage present in the car park (as opposed to the inaccurate example offered by the Claimant) instructs customers NOT to purchase a ticket from the pay and display machine, as this could not be refunded by the pub.
44.1. This reference to free parking for customers is phrased in several different ways, and although the signage was not seen at the time of parking, the inconsistency confuses customers as to how to proceed. The clearest messages are that parking is free for customers (the same condition as prior to UKCPM taking over the management of the car park) and that customers using the car park do not need to buy a ticket.