PPS Parking Fine, BW Legal Letters

Vowla

Hi all, I still haven't recieved a witness statement from the claimant and the deadline is 4pm tomorrow (31st of March). It's not a huge deal as I'm reasonably confident with my side of things but would be nice to have seen what they've wrote before deadline day. I was just wondering how late to leave it from my side, should I email my witness statement a few hours before the deadline or wait until around 3pm to send it? I know it sounds like a bit of a dumb question but I have no experience in how quickly these people can respond or change their own statements in response to my own if I send it too early.

Redx

3pm sounds fine to me

Vowla

I have just recieved the witness statement from the claimant. There's not a lot I wasn't expecting, stating they run the land, I entered a contract when I entered it, a redacted land owner contract, the fact I ignored future correspondence, this was after I had informed them they had no right to ticket where they did so I didn't see the point in having the same argument over and over again I'd rather have my day in court. They have effectively said prove the land is subject to railway byelaws and have used an image of a staff permit from a completely different city to say this is the permit that should have been shown at THIS car park despite it saying a different city! I also know that we (the TOC) don't issue permits for every bit of land we park on. The city I now work in has no permits to park on the land we park on which is still owned by Network Rail and run by the same TOC so I know for a fact that is a false claim. They've stated that my claim of the signage not being readable at night is void as the photo was taken during the day. That's not when I started work and I have photos of the signage at 05:30 in my evidence showing they are basically invisible. They've not actually added a photo of a pay and display signage with contractual writing like they have beside ticket machines and the entrance signage they've added to their statement, which I've also used in mine, doesn't state that there could be a fine nor does it have any contractual writing on it at all.

I have a question regarding their 'prove it' argument for byelaws applying in that I work for the railways, I know for a fact that byelaws apply on that land, it's part of the station/maintenance depot and owned by Network Rail, I worked out of the area for years before I moved on but I don't actually have a document to state its subject to them. Do I need to find one or will the pictorial evidence of where it is and the fact that it states Network Rail as the landowners suffice as obvious evidence it's part of the railway?

Le_Kirk

The burden of proof is on the claimant.  If you have used the bye-laws argument in your defence, you would expect to have to include evidence to this end in your WS; have you submitted your WS yet?

Vowla

I have not submitted it no but I have to by 4pm, I'm emailing it. Even as someone who has worked on the railways almost my entire career I'm not sure I would know where to find proof of railway byelaws applying.

I have mentioned it is owned by Network Rail and managed by the TOC.

Vowla

The start of the railway byelaws state - RAILWAY BYELAWS Made under Section 219 of the Transport Act 2000 by the Strategic Rail Authority (the “Authority”) and confirmed under Schedule 20 of the Transport Act 2000 by the Secretary of State for Transport on 22 June2005 for regulating the use and working of, and travel on or by means of, railway assets, the maintenance of order on railway assets and the conduct of all persons while on railway assets (the “Byelaws”).

If Network Rail own it and it is run by the TOC I work for it is clearly a railway asset.

Coupon-mad

I think include as much evidence as you can, that railway byelaws apply. You appear to be more expert than them in that regard anyway but evidence is key.  Did they use the Taxi Association Railway case in their favour, that says that contracts can exist alongside byelaws?  That's a knotty one to deal with.

Vowla

I have gone into as much detail as possible regarding every section of the Railway Byelaws that apply. I have talked about the landowner, Network rail, the TOC, my employer and the claimants own landowner contract shows that Network Rail are the owner. I have correspondence with NR about the land which also proves they are landowners as they are talking specifically about it and the PPC.

Vowla

Sorry Coupon Mad I didn't reply to the second part. No they have not mentioned a Railway Byelaw case and completely ignored the lack of authority which I have proof of in email from NR. The only case they have mentioned is the Semark-Jullien case in regards to the abuse of process.