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Le_Kirk

Agree with Fruitcake, standard defence arguments are signage and landowner authority.

sav100

Hi everyone. Got my hearing in October, so just preparing my witness statement. 

Do I need to exhibit my defence statement too, or will this already be with the judge?

What is key to exhibit and refer to?

Also, do I need to prepare a court bundle?

Thank you. 

KeithP

There's loads of guidance on how to create a Witness Statement and gather evidence in the second post of the NEWBIES thread.

Start there.

D_P_Dance

I am surprised that they are taking this to court.  From what you have told us I think that they will struggle.  Have you contacted your MP?

Le_Kirk

sav100 said:

Hi everyone. Got my hearing in October, so just preparing my witness statement. 

Do I need to exhibit my defence statement too, or will this already be with the judge?

What is key to exhibit and refer to?
Also, do I need to prepare a court bundle?

Your defence has already been submitted, else you wouldn't have got this far in the process.  You just follow the instruction on the court order that gave you the date of hearing.  If it said submit a complete bundle containing X,Y & Z, do just that - this normal for a non f2f hearing (i.e. telephone , zoom or Skype) but if it is an actual hearing in an actual court with actual people, then it is normally just the witness statement, evidence and summary costs assessment.  Don't forget to serve (send to) the claimant as well.

sav100

Thank you Le_Kirk. It doesn’t specifically ask for a court bundle, just says they should be submitted no more than 2 days before. Doesn’t document what should be included. 

I can’t believe it’s still going to court either D_P_Dance. Really hope the decision goes the right way. Haven’t spoken or contacted the local MP. Is it still worth it?

Redx

Ensure the bare minimum is in the bundle , which was a couple of replies up , to court and the claimant , by the deadline date

Read other recent court threads to see what they did , don't just stay on this one , learn from other recently completed court cases

Le_Kirk

sav100 said:

Thank you Le_Kirk. It doesn’t specifically ask for a court bundle, just says they should be submitted no more than 2 days before. Doesn’t document what should be included. 

I can’t believe it’s still going to court either D_P_Dance. Really hope the decision goes the right way. Haven’t spoken or contacted the local MP. Is it still worth it?

OK but is it to be a F2F or a telephone (or similar) hearing?  If telephone, they sometimes require a complete bundle including defence because the judge might be working from home and won't necessarily have your defence.

D_P_Dance

Haven’t spoken or contacted the local MP. Is it still worth it?

Of course it is.

Coupon-mad

sav100 said:
Thank you Le_Kirk. It doesn’t specifically ask for a court bundle, just says they should be submitted no more than 2 days before. Doesn’t document what should be included. 

You CANNOT leave it till two days before, that is just the deadline for electronic copies of what a PREVIOUS ORDER told you had to be done not later that 14 days before the hearing...then the later order talks about electronic copies.  It doesn't mean the 14 days deadline no longer applies.   I am not sure how much easier I can make it in the NEWBIES thread section about witness statements...this is a simple stage.

Also please do this, so it never happens to anyone you know, or at least to say what you think the level of charge should be.  £50?

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK: An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1