5 days left for premier park to respond to my SAR request

Lupo26

okay so I received the following supplementary witness statement in the post today stating that their client won't be in attendance and an advocate will represent then.
I have no legal background and don't know how to respond to these points. are they valid?
I attach a copy of the statement.  really grateful for any help. scroll to bottom and read to top :-)

Lupo26

other than abuse of process/double recovery which I've now read on here won't win the case I take it I'm best to rely on my inadequate signage defence?
just read a thread on here that someone lost their case in Staffordshire because the judge deemed the £60 recovery cost acceptable.
I'm now very worried!

Le_Kirk

But if you read other comments on that thread you will see that it is common consensus that the judge erred.  The AoP defence was NOT designed as a defence per se (although it did get some cases struck out) but as a limiting exercise in case you lost.  You will also read (if you look at other threads) that you are subject to judge bingo/lottery.  If you haven't put in your defence yet, read some of the later comments/posts by @Coupon-mad as she has suggested the defence is rearranged to focus on other aspects of your defence whilst leaving in the AoP - just in case!

Lupo26

so if they send an advocate we can't question them? 

Were_Doomed

You can question the advocate, but they'll only have the information that has been supplied to them - they won't have first-hand knowledge of the case/site/event.

Redx

You can put questions to anyone present or on the call

The claimants rarely send anyone as a witness to prevent them being questioned by the defendant or the judge , so you cannot question the absentees

Cases are not lost on the £60 , they are lost if the legal points are not strong enough for a win , the £60 was icing on their cake , not the cake itself

Too many people are expecting the £60 to get a case struck out and dismissed , that won't happen , the judges will consider the merits of the core terms of the case and make a judgment one way or the other

Then they will decide on who pays who , what costs and charges are involved , then make a decision on the total to be paid , so 2 parts , where the £60 is part of the part 2 deliberations

Focus on why you as defendant should win your case , don't get sidetracked by the £60 , it's not part of the actual case , it's an additional charge they added afterwards , just like you might add parking at the court , petrol costs , costs of printing and half a day off work in your summary costs assessment

It is thought that the other judge should not have allowed it , so erred in law , but the case was already lost at that point , on something else entirely

Lupo26

thanks very much. I have enough evidence of poor signage etc so will focus on that aspect. there wasn't a sign on display on entry to the car park either so I'm happy to go with that.

Redx

No problem , if you lose the case , then debate the £60 charge , but if you win concentrate on your added costs , your summary costs assessment

They are trying for maximum money from you , so if you win try for maximum money from them !!

An eye for an eye

Have a crib sheet , an aide memoire , ask at the time , don't think about it afterwards , wishing you had said ,,........ Blah blah , it's too late afterwards so don't come here with a query to then be told you should have asked at the beginning , or asked in the middle , or asked at the end !

Read this thread as it explains a lot about abuse of process , the added £60 etc

https://forums.moneysavingexpert.com/discussion/6117334/excel-parking-claim-form-defence-for-review#latest

Coupon-mad

Lupo26 said:

thanks very much. I have enough evidence of poor signage etc so will focus on that aspect. there wasn't a sign on display on entry to the car park either so I'm happy to go with that.

But to understand how to counter the stuff about the Semark-Jullien appeal, read the WS example in the newbies thread that does exactly that already!  There is only one example WS there now, for this very reason.

And this weekend:

An urgent task – deadline is MONDAY!

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

Lupo26

if I'm arguing poor signage but I bought a ticket (I over stayed) they are saying I was aware of conditions etc as a ticket was purchased therefore I entered into a contractual agreement