County Court Business Centre - UKPPO

Coupon-mad

Then email the C and ask why you haven't been copied into the agreed Bundle yet, because you wish to ensure that they have included your video and all your evidence and not withheld part of your evidence or video in the Bundle provided to court. 

Remind them the Order says this is for them to do, and to send you a copy.  

nosferatu1001

A link to youtube is nto durable medium, and I doubt the court will be a fan of it. 

Coupon-mad

The good thing though, is this is the burden of the Claimant to supply in a durable medium!

This is why the OP must press them to show him/her what they've sent to the courts, because I can see them excluding the video.

Koq1985

Coupon-mad said:

Then email the C and ask why you haven't been copied into the agreed Bundle yet, because you wish to ensure that they have included your video and all your evidence and not withheld part of your evidence or video in the Bundle provided to court. 

Remind them the Order says this is for them to do, and to send you a copy.  

I sent them this long time ago. Is this similar WS I need to send now but updated? 
I will include the part you advise with beavis case and £103. ... which is not the case now. 
I have Claimant email address, they send me their WS and all evidences in their last email corespondency when I uploaded mine as well.

This video https://www.youtube.com/watch?v=P6F4GPoUcqs&t= has been uploaded to youtube website and it is there available still, Is the claimant responsible to file this to court in different way than this link? If yes how they can do it? Should I send them this on pendrive directly to UK PPO? Im bit confused here and it would be great to show them this. 

In terms of my schedule of costs, should I update it? obviously now there is no parking costs and fuel to get to the site, but time I spent together with you (thank you all) cost money. 
If I win I take you for lunch

Please advise as I want to file those as soon as possible to avoid any surprises. 
Also I provided already my email address and phone number to the court. 

In the HM Courts & Tribunals Service

The County Court at Clerkenwell & Shoreditch

Claim No. ------

Between UK Parking Patrol Office Ltd (Claimant)

And

--------- (Defendant) 

Witness Statement 

1. I am ----------, London, the Defendant in this matter. 
2. I wish to rely on the following evidences: 

- schedule A - IPC Code of Practice

- schedule B - Consumer Rights Act 2015

- schedule C - Beavis Case Judgment copy

-schedule D - Defendant Costs

- schedule E - Protection Act of Freedom Act 2012 Schedule 4

- schedule F - Jopson Case 

-schedule G - Dictionary meaning word “park”

-schedule H - Booking Confirmation 

-schedule I - Correspondence from Claimant

-schedule J - my first defence copy

-schedule K - link to the video (request to use this as evidence in separated file)

-schedule L - photos from the site

1. I will say as follows:

1. Im a Private Hire Chauffeur working in my private car Mercedes Eclass LA68 VJC. 

1. On 7th July 2019 at 11:00am I came to Wembley, Lakeside Way to pickup one of the customers who was going to Cambridge (see schedule H). The customer from my knowledge was staying in the Hilton Wembley Hotel where should I picked him up. After arriving I stopped my car at the close space to the entrance of the hotel as there was no available pickup/drop-off area. I was trying to call passenger few times but without the positive result of getting in touch with him. After 15 minutes I decided to leave the car for 1 minute and I went inside to speak about the guest with the reception. This is common practice in the industry. Concierge informed me that the passenger is coming down and I should wait, so I did. I came back to the car and waited another 15 minutes. As the journey has been prepaid, in our best interests is to wait as long as possible for the client, however due to long waiting time and scheduled next bookings I decided to leave the site (after the telephonic consultation with the office) as the customer was still not present for the pickup. 

1. As you can see on the photo footage I made today 5.05.2020 (see photos in schedule L), the signs on the site are not facing the direction of the drivers during the ride, one of them are located on the lamppost far away from the entrance to the hotel where I have been waiting. At the time of the event, when I was entering the site I haven’t seen any signs which indicate that im entering private land, CCTV monitored or whatsoever. 

1. The site is very poor marked. (see photos in schedule L) On the photo footage you can nearly see one of the signs at the entrance (schedule L photo which indicates “something”. However the sign is to small and is located to close to the turn (schedule L photo L). As experienced chauffeur, I know that the safety comes at the first place if it’s about the driving. While you make a turn from very busy road to the site like that (see schedule L screenshot 1), where plenty of people are walking around, you watch only on the road to keep your driving safe. There is a sign located no more than few meters  form it so for the driver it is impossible to read anything on it and keep the safety at the same time. (I have noticed this sign today as I was paying attentions just to see if there are any signs like that on the site) (see schedule L)). If there will be bigger sign, on the both sides of the place where ANPR is taking the photos than drivers would have chance to read it properly and comply with the terms and conditions proposed by the operator (schedule A, B, C, E, F). 

1. I understand that the site might be a private land but in this case Taxi drivers, Chauffeurs, Private Hire Vehicles or Goods Deliveries should have opportunity to avoid the penalties caused by the extended waiting times, just simply by entering Number Plates to the system somehow, for example at the Hotel Reception. However in my case as haven’t been aware of the terms and conditions on the site this is not applicable. This is just to clarify things for the future cases like that one. (schedule A, B, C, E, F)

1. As per definition of the word “park” (schedule G). Another thing is that the Claimant base of this claim is the letter sent to me on 12.07.2019 with the ref number 422561 (schedule I). The Claimant is using the sentence “because it was parked” - unfortunately I haven’t parked my car at the site, to park the car, mean leaving the car in particular place for a period of time. The Claimant haven’t provided such a evidence. The fact I came in and left a while later doesn’t mean that I parked a car anywhere. 

1. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant (see schedule D).

1. If that’s not the case please proceed with the hearing based on my defence (schedule J) and witness statement. 

1. Please see Request document where I wish to provide video footage (schedule K) from the site. This is very important and crucial evidence what can be seen from the car at the site. 

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.

05.05.2020

London

---- ----

Also as per last court order nr 27. Skeleton arguments and statements of costs should be sent to hearing bundles..... at least 2 working days before hearing. - Is this means I need to do it as well? 

Koq1985

I have just requested from court the explanaton why my request about the video havent been responded. I copied Claimant to this email as well. 
Separately I send question to C about the bundle as you advised so they must agree with me about the bundle now right? 

"Dear UK PPO, 

I wish to ensure that you will included my video and all my evidences and not withheld part of your evidence or video in the Bundle provided to court.

Please update me with the single bundle you want to send to court before you do that. 

I have just requested from the court explanation why I haven’t get informed if my video footage can be used as evidence in this case. 

You have been copied to this corespondency. 

Kind regards

------"

"To Clerkenwell & Shoreditch County Court,

On 5.05.2020 I sent Witness Statement together with request on which im asking to include video footage from schedule K. 

I haven’t get any response since. 

Please advise defendant and claimant if this can be used as proof in case. 

If not however, I will insist this to be shown from different source but in the same video format. This is crucial in this case. 

Im waiting to hear from you soon.

Claimant has been copied to this request. 

Kind regards

-----"

nosferatu1001

you only ever have one WS, your own one. That,plus exhibits, were filed with the court and served on the claimant, yes? Yes or No. Did you send them the Video on a durable medium? The answer is no. That does not fit with the rules BUT you shoul dbe saved because....
What the C now has to do is produce a single bundle of their docs AND yours, and send to the court. As you have included video evidence, they are supposed to ensure that the ocurt has the bundle in the approved form - and a link to youtube will not cut it. 
You need to urgently check with the C:LAIMANT how they are going to exhibit your video to the court, and you obvioulsy want to check the whole bundle they are proposing to submit to the court to ensure your complete bundle, with no alterations, has been included. 

Koq1985

I did sent them this long time ago (5.05.2020) before first hearing date. 

I requested this info from them but they seems to have no idea what im talking about. What’s going to happen if they fail to send the bundle on durable medium to the court? Am i going to win?
Im waiting for the court response about the video as Claimant said it is between me and court if the video will be aproved. 

Anyway they should deliver it in the bundle isn’t it? 

I mentioned that I must see and aprove the bundle before they send it. 

Koq1985

I have just received this email from Claimant: 

"Good Morning, 

 We are in possession of your witness statement, there is no mention of video footage nor any footage included.

To reiterate, the video footage you wanted to show at court should have been included in your initial submission.

 Kind Regards"

I sent them this as a link in one file (schedule K) in the copy of my witness statement. Now they want to exclude this footage as you thought. What I should write back to them? 

nosferatu1001

As you have been told  more than once, but yuo dont seem to yet understand: you messed up
When you filed your WS with the C and the Court, you were required to send the video on a durable medium such as a pen drive, DVD-R, etc. Not a YouTube link
Schedule K? Why do you have schedules?

Coupon-mad

You tell them where to find it and copy in the court (and post a USB stick to court and them, as well, with 'FOR TELEPHONE HEARING' AND THE DATE, TIME, YOUR NAME AND CLAIM NUMBER ON IT).