HX / Gladstones Hearing today!

Coupon-mad

Drivers should know what kerb blips are and the difference between DYL, with and without them, (on street).  Huge difference.

Le_Kirk

Don't they teach yellow lines and marking in the theory test any more?  It just means you will need to adjust your story and it will be because the "road was too narrow to stop safely and still allow other cars to pass".

abz1000

Coupon-mad said:

Drivers should know what kerb blips are and the difference between DYL, with and without them, (on street).  Huge difference.

I was not fully aware of the kerb lip double yellow rule at the time of the incident. But now after reading through the highway code it makes sense. 

abz1000

I will post the final WS before submitting once more into the chat just to confirm i'm not missing anything vital.

abz1000

2. Exhibited to this witness statement are the following documents which the defendant wishes to rely upon;

i) Photograph from the drivers perspective of the entrance at night.

ii) Google maps screenshot of the entrance during daytime taken from 2018 July.

iii) Photograph of the street leading towards the train station and car park.

iv) Photographs of the car park directly by the ramp/path of the train station.

v) Photograph of the pay and display machine.

vi) Photograph on foot of the entrance at night.

vii) Google maps screenshot of the double yellow lines road approaching the train station.

 

3.  Firstly, it should be noted that the claimant has appended to their witness statement an inaccurate site plan which is nothing more than a birds eye view with coloured dots scattered over the highlighted area. I have appended the actual location of the sign upon entering the car park, photographed by me on 22nd November 2019. (Exhibit vi).

 

4.  The approach and entrance to the car park is on a small uphill road with double yellow lines. This road was too narrow to stop safely and still allow other cars to pass. The only safe way to stop to view the car park terms and conditions is by entering. (Exhibit vii).

 

5.  The location to the car park is directly next to the wheelchair ramp/path to the train tracks and notice board and due to the lack of lighting and signage, the weather conditions on the day and with the parking bays being unmarked, it is clear to see how a driver might mistake this area for a place to drop off or pick up a passenger. This is just a concealed pitfall or trap.

 

6.  At the point of entry, the entrance terms and conditions sign is not visible (Exhibit i). The only visible but not readable signage is the green entrance sign (exhibit vi)  which is very small and is located near the ground on the left side which does not mention anything related to the risk of paying £100 or that tickets must be purchased within 10 minutes. 

 

7.  When entering the car park from a vehicle because of the sizing, location and positioning of the entry sign it is not visible from the drivers point of view unless you were to leave the vehicle and enter on foot. Which was mentioned in section 3. Is not possible to stop safely without entering the car park.

 

8.  After pulling into the car park my intentions were purely to drop off a passenger as mentioned in section 3 the entrance to get to the train tracks were directly in front of the car park (exhibit iv). Therefore being the easiest route for the passenger to enter the station and catch their train once it arrived thus my total stay being 21 minutes. 

 

9.  Another point that should be noted is what we would define as parking. Parking requires that the vehicle is left however in this case the driver did not once leave the vehicle or specifically ‘park’ in a bay.

 

10.  However, I received a PCN and now am asked to pay an inflated charge of £160 for a contract I had no knowledge on or agreed upon due to a location of which would be described as a trap. Poor signage, lighting and weather conditions.

 

11.  A key factor in the leading authority from the Supreme Court, was that ParkingEye were found to have operated in line with the relevant parking operator’s code of practice and that there were signs that were clear and obvious and 'bound to be seen'. I have included a copy of this sign in exhibit *** for comparison. In this case, the signage fails to adhere to the standards laid out by the relevant accredited parking association, the International Parking Community ('IPC'). The IPC mandatory Code says that text on signage “should be of such a size and in a font that can be easily read by a motorist having regard to the likely position of the motorist in relation to the sign”. It also states that “they should be clearly seen upon entering the site” and that the signs are a vital element of forming a contract with drivers.

Le_Kirk

2. Exhibited to this witness statement are the following documents which the defendant wishes to rely upon;

Should be: -

2. Exhibited Attached [or appended] to this witness statement are the following documents exhibits marked ABZ_001 - ABZ_099* which the defendant wishes to rely upon;

*ABZ should be replaced with your initials and you adjust the number when you complete and before you submit, your WS.

abz1000

Le_Kirk said:

2. Exhibited to this witness statement are the following documents which the defendant wishes to rely upon;

Should be: -

2. Exhibited Attached [or appended] to this witness statement are the following documents exhibits marked ABZ_001 - ABZ_099* which the defendant wishes to rely upon;

*ABZ should be replaced with your initials and you adjust the number when you complete and before you submit, your WS.

Thank you, does that also mean I don't need to explain each exhibit individually?

Umkomaas

abz1000 said:

Le_Kirk said:

2. Exhibited to this witness statement are the following documents which the defendant wishes to rely upon;

Should be: -

2. Exhibited Attached [or appended] to this witness statement are the following documents exhibits marked ABZ_001 - ABZ_099* which the defendant wishes to rely upon;

*ABZ should be replaced with your initials and you adjust the number when you complete and before you submit, your WS.

Thank you, does that also mean I don't need to explain each exhibit individually?

Don't really understand what you mean. If you mean just stapling (say) half a dozen exhibits marked ABZ1 - ABZ6 to the back of the WS with no explanation in the WS to what they refer to and why they are appended - the answer to your question is NO.

Coupon-mad

You must say what the exhibits are and how they support your case.

Johnersh

A style point...

Note that most witness statements rarely require more than 2 or 3 exhibits.  If you want to refer to a bunch of cases, the better approach is to collate all of those separately into a paginated "Authorities Bundle. "

If you want to attach a wodge of letters, they can all be one exhibit so long as they are in date order and paginated. 

Witness statements with a gazillion exhibits are actually much harder to read.