Private PCN - Excel Parking - WE WON!

Snakes_Belly

This is Keep Calm's thread re. her first case. 
Below are the comments made by the judge.  Key words seem to be that where she had parked "had all the hallmarks of a bay". In your case where the car is parked has all the hallmarks of a bay, there are no restrictions and it is not causing an obstruction. It did not say no parking. Was it a pay car park or free?  

https://forums.moneysavingexpert.com/discussion/5919448/county-court-defence-advice-failure-to-park-in-a-marked-bay/p4

"He then said this was about establishing common ground between parties - both sides agreed that a ticket had been purchased and that the car had been parked in the car park.

He said that my evidence proved that there were a number of means of how bays are delineated, and that where I'd parked had 'all the hallmarks of a bay', there were no restrictions, no signs and it did not cause an obstruction. He also said that the claimant's photo was misleading, but this was not intentional."

daniel_uk

Ok, I'll have a look through these links. Appreciate the help

daniel_uk

Coupon-mad said:

daniel_uk said:

I want to move forward to let the court know I don't want the case to be heard on paper, but it's not as simple as what I thought it would be. I need to know how the reply needs wording.

Which is why I replied a few weeks ago on the TELEPHONE HEARINGS thread giving the exact words. Umkomaas told you it's there already, did you not go and read it?     Just copy & adapt it as relevant to you; that's what I posted it for!

It is in the later replies, May/June/July. NOT THE FIRST PAGE OR FEW...

Just found it on your June post. I'll copy it, slightly amend it and get it emailed off to the court with Excel copied into the email.

daniel_uk

Hi all,

my girlfriend is ready to work on her witness statement. Is there any legal bits she needs to put in like there was at the defence stage? Thanks.

Coupon-mad

Have a look at the WS I wrote in the HX thread, if you search the forum for Semark-Jullien as a keyword.

DO NOT COPY THE BIT THAT DENIES BEING THE DRIVER IT THAT'S NOT TRUE, OF COURSE!

Le_Kirk

daniel_uk said:

Hi all,

my girlfriend is ready to work on her witness statement. Is Are there any legal bits she needs to put in like there was at the defence stage? Thanks.

A witness statement is "in support of my defence as already filed" and therefore should not contain legal bits but should support, back up and provide evidence of any and all points made in the defence.  A WS is a narrative (story) of what happened on the day and subsequently and is written in the First Person.

daniel_uk

 Many thanks. Will have a look!

daniel_uk

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

nosferatu1001

Exhibit, not appendix. 

Snakes_Belly

I like the phrase that the judge used in Keep Calm's similar case. A judge that is in the same circuit as Nottingham.

 "had all the hallmarks of a bay" District Judge MacCuish at Derby.

Will the case be heard in the East Midlands?