Preparation of Defence HX / Gladstones

blancswann

Btw - Simon is the name of the email sender, not my name.

Coupon-mad

Brilliant, I forgot that - add those as exhibits too, in the section about HX having no 'legitimate interest'.

blancswann

OK team, I have been to take photo's of the signage of the car park for my witness statement only to find that the Car Park is closed, and I don't mean just shut for the day! Does anyone know how this possibly effects my case?

Coupon-mad

It doesn't, unless you want to allege that you believe it's been closed due to weight of complaints...!

Please now make a real difference.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

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

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

blancswann

Ok, of course I am happy to do all of that. But back to my case, I do not have any photo's of the signage to support my witness statement. Will this harm my defence?

Coupon-mad

No, use that one and say what I suggested...it is the claimant's claim to prove.

blancswann

I have found this one on google maps, which shows how poor the signage is on entering the car park.

DoaM

Are (were) you able to exit without paying after you had entered? If not then you can only be bound by any contractual terms clearly defined prior to entering the premises ... i.e. None.

Coupon-mad

That's good. 

Haven't you already put the WS in though?  Can't add evidence now unless you slip in a supplementary, short WS with those photos 'to assist the court'.

blancswann

DoaM said:

Are (were) you able to exit without paying after you had entered? If not then you can only be bound by any contractual terms clearly defined prior to entering the premises ... i.e. None.

I think you have 10 minutes before being fined!