Private PCN - Excel Parking - WE WON!

Le_Kirk

If these were in place at the time I would NOT of HAVE parked in this bay. I paid for a valid parking ticket believing I was correctly parked.

When we parked up my boyfriend paid for the ticket and displayed it on the dashboard.

I have corrected the grammar for you.  Who paid for the ticket?  It is important to get the facts correct.

daniel_uk

Yes, case will be heard at Derby. I also like that phrase

Snakes_Belly

daniel_uk said:

Yes, case will be heard at Derby. I also like that phrase

District Judge MacCuish could be the lead District Judge at Derby. From my limited knowledge they may have responsibility for allocating the cases within their jurisdiction.  This is brilliant because your case is so similar to Keep Calm's. 
  
From memory he likes very neat, well presented bundles. 
   

Snakes_Belly

I have a feeling that this judge also heard Keep Calm's second claim. In this hearing she was awarded costs for unreasonable behaviour against VCS (same directors as Excel). She was not even parked on their car park. 

1505grandad

Have you stated the correct name of the claimant as per the Court docs?

Le_Kirk

Snakes_Belly said:

daniel_uk said:

Yes, case will be heard at Derby. I also like that phrase

District Judge MacCuish could be the lead District Judge at Derby. From my limited knowledge they may have responsibility for allocating the cases within their jurisdiction.  This is brilliant because your case is so similar to Keep Calm's. 
From memory he likes very neat, well presented bundles.   

Le_Kirk said:

If these were in place at the time I would NOT of HAVE parked in this bay. I paid for a valid parking ticket believing I was correctly parked.

When we parked up my boyfriend paid for the ticket and displayed it on the dashboard.

I have corrected the grammar for you.  Who paid for the ticket?  It is important to get the facts correct.

daniel_uk, are you going to correct your witness statement?

Coupon-mad

daniel_uk said:

Draft 1. Please advise . Thanks.

CLAIM No: …..

EXCEL PARKING SERVICES (Claimant) V

….. (Defendant) ________________________________________

WITNESS STATEMENT

________________________________________

1.      I am ………, of ……, ……, and I am the defendant against whom this claim is made. I am unrepresented, with no experience of Court procedures, if I do not set out documents in the correct way I trust the court will excuse my inexperience. 


2.      The facts below are true to the best of my belief and my account has been prepared. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

3.      On Sunday 2rd Nov 2019, I was visiting my boyfriend’s dad at the Queens Medical Centre who was recovering from a serious brain aneurism. During a distressing time and many visits to the QMC over many weeks, along with his mum, we decided to clear our heads and grab a bite to eat in Nottingham.  My boyfriend knows Nottingham quite well and suggested we head towards The Lace Market to find a place to park on the street, however, there were no spaces so we decided to try Woolpack Lane Car Park. On entering the tightly spaced car park I spotted two bays. One was to the far right corner which looked too tight to get into, and the one I ended up parking in was the available bay on the left. (Appendix CD01). When we parked up my boyfriend paid for the ticket and displayed it on the dashboard. On our return to the car park I was shocked to find a PCN attached to my windscreen.

4.      I was issued with a parking charge notice (PCN), the reason given on the PCN was “namely not parked wholly within the markings of a designated parking bay” even though there was no clear and visible signage stating whether or not this was a parking bay. (Appendix CD02).

5.      During the time of parking I observed, and I had no reason to believe this was not a valid parking bay (Appendix CD02). I didn’t see any clear signage or cross-hatched markings to make it clear that I could not park in this bay. (Appendix CD03). If these were in place at the time I would NOT of parked in this bay. I paid for a valid parking ticket believing I was correctly parked.

6.      I feel this bay has been left like this as an entrapment to catch unaware drivers out to make Excel as much money as possible from a car park with only a very limited number of spaces available.

 

My fixed witness costs - ref PD 27, 7.3(1) and CPR 27.14

7.      As a litigant-in-person I have had to learn relevant law from the ground up and spent a considerable time researching the law online, processing and preparing my defence plus this witness statement. I ask for my fixed witness costs. I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave. 


8.      My travel costs depend upon whether the hearing is in person but the fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings)... are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing ... a sum not exceeding £95 per day for each person.'' 


 

 

Statement of truth:

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
I believe the facts contained in this witness statement are true.

Signature Date

That's a start but is not all you need and is NOTHING LIKE THE HX ONE I told you to use, specifically rebutting the effect of the Semark-Jullien case...

I wrote another version today for painbl so all you needed to do was read today's threads and search for the HX one.  The thread by @painbl is also about Excel so please read all posts each day about Excel and you will pick up stuff you are missing.

daniel_uk

Hey, thanks for the updates. Sorry, I have been away for the past few days so just now catching up. Yes, I will update those parts Le-Kirk and will read the thread by @painbl

daniel_uk

These are my Exhibits

Exhibit CD01 Google Map Ariel View 2020

Exhibit CD02 Google Map Street View 2020

Exhibit CD03 Personal Photo (19th Nov 2019)

CD04 Exhibit CD04 Photo taken by Excel the day the PCN was issued

Umkomaas

In your 3rd exhibit (CD03) you state there is 'no parking sign', unless my eyes are totally deceiving me, what is the sign stuck right at the front of the bay? 🤓