PCN escalated to Court proceedings **EDIT - I WON**

nosferatu1001

1) EVERY time you state a fact, you should have a document to back it up
You exhibit it correctly - as in, this is the ONLY way you do this, no arguments! - by:
A) Indexing each document using INTITIALS/001 , .../002, etc. 
introducing doucments in your witness statement, by stating see INITIALS/001 - a photo showing.... so people knwo what theyre looking at.
C) As appoproriate you WILL be adding quotes into your WS, and you then reference precisely where in your document this quote can be found. 

2) You go through your defence, and, everytime you aver something YOU can prove, YOU prove it in your WS. Every single time . So, if you reference Beavis, you better include AT LEAST the correct excerpt! 

What version of the BPA code of practice are you exhibiting? Does it definitely still say prohibit them from issuing a BB displaying vehicle with a PCN? I thought that went out about 4 years ago...
6) How can you prove it is indirect discrimination merely from aplying an exhibit? What part of your exhibit are you referring to precisely?
7) No, thats lifted from your defence. It is an argument, not a fact. Your WS is full of facts. Never arguments. Same for 8) . 
We can tell you have copied and pasted, because you mention "the defendant" in 9), when you know - because the newbies thread states this - a WS is written in the first person. I.
Mothers WS - just get her to sign HER WS, and apologise for her absence. Best you can do. Yes you can claim half a days loss of leave or earnings, same as for anyone else. 

1505grandad

The doc. is headed "DEFENCE"

KeithP

The Statement of Truth also mentions Defence:

I believe the facts contained in this Defence are true.

That's just carelessness.

nosferatu1001

It means theyve copied and pasted from a defence, rather than just writing an actual WS> 

Littlewadie

I have copied and pasted, as mentions in the thread that I look at previous ones and adapt them to mine, I guess that is wrong?
As to referring to pictures or documents to back up the statement, instead of exhibit it needs to be 'See INITIALS/001 and so on?
And to also state where the document is from e.g the BPA code of practice version 5 October 2014?
My PCN is from 2014

I was advised to put the indirect discrimination reference in about tours from the Equality Act 2010 cop for services, public functions & associations of section 5.39 of indiscrimination that reasonable adjustments be made for disabled people.

So even though I am the defendant I can not include section 7 & 9, I have 6 documents I printed out to try and refer to, so I guess some of these are 'defence' rather than 'witness'?
With regards to the Bevis case, which part are you referencing to? the signage documentation or written documentation?
Sorry to of made a mess of this

Littlewadie

So Is this any better, I have not found anything that is along the same lines as mine with regards to being a disable blue badge holder so I am kind of pulling from everything.

IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

Premier Park Limited (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
Witness statement
________________________________________

1. I am Littlewadie of Darlington, the defendant in this matter, I will say as follows:

2. I the Defendant deny that the Claimant is entitled to relief in the sum claimed, or at all.

3. The facts are that the vehicle, registration XXXX, of which the I the defendant am the registered keeper, was parked on the 20th December 2014 in a marked Disabled bay with a valid blue badge in a space allocated by the land owner.

4. The terms on the Claimant's signage are displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the font upon entering would be unable to do so easily, as they were positioned off to the left of the entrance to the car park. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. I would also like to state that the signs did not comply with the BPA code of practice with regards to letter sizing (see exhibit MW1 & MW2 from BPA code of practice 2014 Appendix B on entrance signs and MW3 a photo taken with a tape measure for comparison ) as the road it is entered from has a 30 mph speed limit.

5. Also the positioning of the signs were not clearly set out and not able to be viewed by a disabled person as set out in the BPA code of practice, see section 18.10 ( exhibit MW4 ). It also states that they should be conspicuous in section 18.3 ( also Exhibit MW4 ), please see original photos ( exhibit MW5.1 , MW 5.2 & MW 5.3 ) taken on January 2015 from various angles of the car park, where signs can not be clearly seen and none are around the disabled parking bays and none are lower to the ground to be read easily. (See also exhibit MW8 for the Ariel view of the car park with regards to sign positioning)

6. In section 16.5 of the BPA code of practice 2014 it states that if the land owner provides a concession that allows parking for disabled people, if a vehicle displays a valid blue badge, you must not issue it with parking charge notices. ( See exhibit MW6 )

7. In section 12 of the BPA code of practice ( See Also Exhibit MW6 ) it states that grace periods should be given when arriving and leaving the car park, given as this was Christmas time and the shop was incredibly busy and had limited disabled parking spaces available, we did not immediately get parked as had to wait for someone to load their car and leave the space we were waiting for. This added to our time within the car park where we had not even got out of the vehicle let alone had time to find any signs.( See exhibit MW8 for Ariel view of car park for reference to disable parking)

8. Also the positioning of the camera was off to the left side away from the entrance which is shown on original photos from 2015 ( see Exhibit MW5.2 ), I also attach a recent photo of relocated camera and extra signage placed next to the door at the entrance to Halfords Taken September 2019 ( see exhibit MW9)

9. I believe this is an act of indirect discrimination ( see Exhibit MW7 from Equality Act 2010 code of practice for services functions & associations, section 5.39 of indirect discrimination), as they have not made adjustments to disabled users and have no information on how to appeal on this basis and have ignored the fact that I was using a disabled badge in a disabled parking space. They have been made aware that I was in a disabled parking space and still wish to pursue the matter via litigation despite all of the aforementioned codes of practice they should be adhering to when they are members of the BPA as stated on their signs and documentation.

10. I request the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe the facts contained in this Witness statement are true.

Name
Signature
Date

nosferatu1001

You have not read the advice carefully enough
A defence *CAN* and usually *is* largely copy and pasted
A witness statement is UTTERLY different to a defence. A WS is a series of FACTS, backed up with DOCUMENTS to provide further evidence (A WS by itself *is* evidence, of course)
So you 
- go through the timeline, from start to finish, supplying supporting documetns as required
- look at your defence and anything YOU aver YOU should try to prove, when it is in your knowledge to do so. So if you state that they failed POFA, you would detail how, and include the relevant quotes from POFA2012 to back it up. 

I hope that assissts. As you had a fundamental misunderstanding of what a WS is, you should review the above info, look at your WS, and make adjustments as needed. 

1505grandad

A quick skim cannot see the actual Defence filed at Court - it would be helpful if you can post the filed document. Just to check WS & D are in agreement.

Littlewadie

My defence was filed before I came across this site, unfortunately after speaking to someone from citizens advice. So a lot of the things I have found to prove signage was inadequate gave me further evidence with regards to BPA code of practice, and obviously this site and advice given, so my defence was basically around the fact that we were in a disabled bay, I was suffering with a medical condition at the time and the signs were not noticeable.
My witness statement is an extension of that really with supporting evidence.
I have read back thorough advice given and have been told to put in the part about the extra £60 as abuse of process and double recovery, but was commented that it is an argument not a fact, can anyone clarify this?

beamerguy

I have read back thorough advice given and have been told to put in the part about the extra £60 as abuse of process and double recovery, but was commented that it is an argument not a fact, can anyone clarify this?

Who said that ?????? IT IS A FACT