Need urgent help: County court claim private parking PCN

Coupon-mad

Emailing the Solicitor the DQ is fine, too.

The Dq is standard and as long as you followed the guide linked in the NEWBIES thread about DQ stage (two links I think, set this out) it is fine.

iamsamrat1

Hi, I hav not been on the site for a while and did not see your reply. The court date has come through for early September and I believe it will go ahead as I have received a reply to the defence from Gladstones.
I have started working on a witness statement based on the threads I have taken some wording from the Defence you provided the link for in relation to self ticketers. I know it will probably require editing but could you look at my first draft. Thanks


I XXX am the Registered Keeper of Vehicle DNXXXX but was not driving the vehicle on the material date.

On the day in question the driver entered the car parker at 1-4 Stanley Road, Wakefield which serves the local express supermarket. There were no visible car parking signs or contracts at the entrance to the car park. The driver parked the vehicle and utilised the services of the cash machine.

The time of entering the car park as evidenced in the Notice to keeper dated the 15/05/2018 was: 11:14:59 and the time of leaving the car park was 11:16:26. The time Elapsed from entering the car park to leaving the car park is 1 minute 27 Seconds. The driver did not have a sufficient amount of time from entering and leaving the car park, to read the terms of conditions in full and enter into a legally binding contract.

It Is noted that the time entering the car park was 11:14:59 and the time the first photograph of the vehicle was taken was 11:15:18. Which means there was only 19 seconds from entering the car park before the attendant decided the terms were breached and a PCN was issued. I Put to proof that it is impossible that any persons can read the signage and enter a legally binding contract in such a short space of time.

Further, the time between the Claimant's photographs and the lack of any windscreen PCN served, suggests that this may have been an untrained and unauthorised 'self-ticketer' taking predatory photos for a 'bounty' payment - effectively an incentivised lurker.

ANPR cameras were not used, and yet no windscreen PCN was placed by the person taking the images and no time was allowed for the driver to have had a fair opportunity to seek out any hidden/high signs and read the small print terms,
Euro Parking Services Ltd are put to strict proof regarding whether or not an employee took these photos, when and how that person was trained and the site duly audited, and to explain why no windscreen PCN was issued, nor grace period allowed for the driver to read the signs, despite the photographer evidently standing near the car during the few minutes snatched to create the incriminating appearance of a contravention.

The Driver did not see the terms, therefore cannot be bound by them and the authorities for this are (a) Vine v Waltham Forest [2000] EWCA, in which Miss Vine prevailed due to unclear signs hidden behind vans and the fact she did not see them - the judgment from Roch LJ being quite different from the general presumption that the Claimant is likely to invite the Court to make - and (b) ParkingEye Ltd v Beavis [2015] UKSC 67 (the Beavis case) described non-prominent signs and unclear terms as creating a 'concealed pitfall or trap' and further confirmed that a non-landowner parking firm could not have pursued a sum pleaded in damages, or for trespass, which remains solely in the gift of a landowner.

in addition to the above breaches, the Defendant denies that the signs at the location were in compliance with the IPC CoP and believes they were sparsely placed low on walls and could be obscured from view by other vehicles.

Following the date of the issued PCN there are several more signs that have been affixed to the walls as can be compared from the photographs from the material date, and at present.

Additionally , the floor markings have since been repainted and the colour of the No parking Zone have been changed from White to Red and Yellow, as evidenced again the comparative photographs.
I believe the facts stated in this witness statement are true.

Le_Kirk

the driver entered the car parker at 1-4 Stanley Road

should be: -

the driver entered the car park[strike]er[/strike] at 1-4 Stanley Road

Your initial statements are confusing; there were no signs; you didn't have time to read the terms and conditions on the signs that weren't there!!

I Put to proof that it is impossible

usually: -

the claimant is put to strict proof that it is impossible

but that is terminology that you would find in a defence not a witness statement. Did you have it in your defence?

in compliance with the IPC CoP and believes

Did you mean: -

in compliance with the IPC CoP and believes

colour of the No parking Zone have been changed from White to Red and Yellow

should be: -

colour of the No parking Zone [strike]have[/strike] has been changed from White to Red and Yellow

Your paragraphs need numbers and any evidence that you intend to use should be given a reference number so that it is easily found by the judge as below: -

as evidenced [strike]again[/strike] in the comparative photographs - see Evidence folder exhibit SAMRAT_1.

iamsamrat1

Thank you for the feedback I need to look at the Grammar for definite, The point I am trying to make about the signs is that there were no signs at the car park entrance but there are signs scattered around the car park itself, but these are not vwry well displayed. they are on walls that are blocked by vehicles and in line with the bumpers of cars and not at eye level.
Thank you for the feedback so far, I will amend the details.

iamsamrat1

wow apologies, I have posted on the wrong threads please ignore and I will return to my own thread. sorry again

dk007

Hello Experts, I have now received a hearing date in 2nd week of November for the above case. Court has mentioned that a fee of £25 needs to be paid by the claimant before 30th October else claim will be struck off. I was wondering what should be next course of action? Shall i wait till 30th October, in case they do not deposit the fees or start working on witness statement now? Happy to post the letter from the court if needed. Thanks

Coupon-mad

They will pay, this is standard, no need to show it. Prepare your WS & evidence!

dk007

Hi, I have received Claimant's Witness Statement, I was wondering if I should post it here for any comments and to help prepare my evidence and witness statement? I have gone through the court documents again and I need to file the witness statement and all other documents, 14 day prior to the date of hearing i.e. 13th November. Do I have until end of day tomorrow to do that? My child has not been well for last few weeks ad still not recovered and not sure if i will be able to prepare this urgently. What options do i have, can i change the date of hearing?

dk007

Hello Experts, i would be grateful if you could advise me about the message above. Thanks

nosferatu1001

Sorry,w as 4 hours insufficient? I get you are needing urgent help but please think ofwhat message that gives (your time is more important than ours)

Yes, post it here but ONLY if it isnt eh same tired template WS we've seen dozens of times. You must have found them by now in your research?

No you cannot change the date of the hearing. Youre expected to comply with the date. You have to file this with the court toomorrow by 4pm, and you will have to POST your documents to the claimant today or tomorrow.