CEL witness statement received - case going ahead?

Umkomaas

richardadc wrote: »

Ok, but it seems to only offer a contact for customers. If you're not a customer, then it doesn't offer a contract. Am i correct in saying that? If not then my case isn't looking too good as a lot of it is based on the sign of "Permit holders only" not offering a contract for people without permits.

But the purpose behind evidencing the PE signage in Beavis is not about 'forming a contract', but rather the prominence of the penalty charge for non-compliance. The Judges were very clear about that and is why we advise using the point where other PPCs' signage has the penalty hidden away in a wall of words, in much smaller font than in Beavis.

I've noticed between June 2017 and August 2018 at some point there was no sign at the entrance of the card park. Is there something I can reference that has a requirement for there to be one?
Google maps showing no sign

I can't see that you've told us the date of the infringement - does it fall between the above dates?

Can I just quote part of section 18.2 of the BPA code of practice for the above as per the document at https://www.britishparking.co.uk/write/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf?

Yes, but not by simply providing a link. You'll need to copy the appropriate pages containing 18.2 and the example shown in Appendix B and attach them to your WS.

richardadc

Thank you. The data of the even was 1/4/18 at 13:22 so yes it does fall within those dates. Either way between 2017 and 2019 the location of the sign has moved so I've included that too.

I've made quite a few amends and have uploaded the latest version to https://user.fm/files/v2-c6259cce8a6f5b77ed730b5250a3460e/wsv2.pdf

I appreciate any feedback.

richardadc

Last version at https://user.fm/files/v2-33818287facdf54a26f87cf3bd1266dd/ws3.pdf I've included Pace v Lengyel as an exhibit.

I'm going to make the final (non forum safe) version and email to them at 4pm. Please let me know if i need to change anything before then.

Coupon-mad

This makes no sense!

I therefore put CEL to strict proof that any contract can exist between the Claimant and themselves.

You mean:

... between the Claimant and the driver and it is denied that liability was properly transferred to myself as registered keeper. Specifically, it is denied that this Claimant has complied fully with the Protection of Freedoms Act 2012, Schedule 4 ('the POFA') paragraph 9 (Notice to Keeper statutory wording) and/or the requirement for 'adequate notice' of the parking charge and/or the requirement for a 'relevant contract' or 'relevant obligation' as per the POFA. This is the Claimant's claim and their burden to prove full compliance with the applicable statute.

...and change/remove this, as it doesn't matter of they COULD prove when it was posted! It is about when it was SERVED TO YOU, the Act is clear, it's nothing to do with posting a NTK within 14 days so don't confuse the Judge on a specific deadline that works in your favour:

I put the Claimants to strict proof that this document was sent before this time period

A very good WS otherwise!

Have you also done a contents page, numbered all the pages, and done a COSTS SCHEDULE?

richardadc

Thank you so much. I've made those final changes.

I've numbered the pages. For the court version I'll add a content page and add some tabs to the exhibits.

For the Costs Schedule isn't this something I bring with me on the day? If so I'll do this once I've sent off the WS.

Coupon-mad

Now is the ideal time for your costs schedule as well, and make it HIGH:

https://forums.moneysavingexpert.com/discussion/comment/76445468#Comment_76445468

Should take you 15 mins? Just fill in the gaps.

For the hearing, take a copy and your wage slip to prove loss of leave/money and practise your legal argument about unreasonableness will need to be practised, in order to support the costs on the INDEMNITY basis (the costs for your time at £19 per hour).

richardadc

Thanks. Do I just put down the maximum daily rate of £95 or what I actually earn which is more than that.

Coupon-mad

Clearly that example I shows you, is divided into two (one easier to get, the other has to be argued).

Ordinary costs are capped at £95.

Indemnity basis costs are ALL your other true costs, so the difference goes there.

Redx

Just to be clear , you are assembling 3 bundles as a minimum

Each one contains the WS & Exhibits & Costs Schedule

One is dropped off into the court , one is posted to the claimant with a free certificate of posting , one is taken with you on the day , plus proof of loss of earnings etc to be taken on the day , to discuss your costs schedule if you win , which also includes travel expenses and parking charges etc

richardadc

I've emailed it over to them. I'll get a copy sent to them and the court tomorrow via post.

Redx, any reason you say drop off rather than send? It would basically mean having to take a half day off to be able to drop it off there unless it can be left until Tuesday?

Thank you all for the help so far. I couldn't have got here without it. I'll take a break and then start preparing for the court day so there may be some further questions coming soon