Parking ticket expired, now i have Court Claim Form.

Redx

So read the telephone hearings thread by coupon mad , prepare your bundle and do as directed on your court order , do not miss the deadlines either

JimsDay

Redx said:

So read the telephone hearings thread by coupon mad , prepare your bundle and do as directed on your court order , do not miss the deadlines either

Thanks Redx I'm literally reading cm's telephone hearing thread right now. 

JimsDay

Redx, just a quick question, when I submitted a SAR to OPS and Zzps I asked for payment records of the meters and they never sent them me. And now they are using the records as evidence in the case, I should mention this in the WS right? 

Umkomaas

JimsDay said:

Redx, just a quick question, when I submitted a SAR to OPS and Zzps I asked for payment records of the meters and they never sent them me. And now they are using the records as evidence in the case, I should mention this in the WS right? 

What do you want to say about them in your WS?

JimsDay

Umkomaas said:

JimsDay said:

Redx, just a quick question, when I submitted a SAR to OPS and Zzps I asked for payment records of the meters and they never sent them me. And now they are using the records as evidence in the case, I should mention this in the WS right? 

What do you want to say about them in your WS?

Honestly I don't know. Something about I requested a SAR, they didn't provide me with all the information. And now there providing it as evidence? 

Umkomaas

SAR information is only related to personal data held about you and the VRM of your vehicle. A list of payment records is very marginal stuff. It will depend on how you phrased that element of your SAR - but you've got it now, so does it change anything?  Their not responding with it to your SAR isn't anything like a knock out blow.  I wouldn't make too much of it. 

Coupon-mad

But I would make much of what the 'evidence' looks like.  Often, these so-called 'payment records' are a Word document list, edited by anyone, signed by no-one, with nothing to show that sections have not been deleted or altered, and nothing to show that it is the true and complete record from that site(?) or from ALL MACHINES at that site(?). 

Look at it and think about what it doesn't show, and how it isn't countersigned. 

Who prepared it?  Who redacted and edited it?  What else did they alter?  Who knows! Read Excel v Ambler and put it in as an exhibit (the transcript from the Appeal Judge who turned down the appeal):

https://forums.moneysavingexpert.com/discussion/5869594/court-report-excel-spanked-at-skipton/p5

As this is OPS you will also be putting in the Lewes case transcript from DDJ Harvey, I assume?

AND - please now make a real difference - A TASK FOR SEPTEMBER.

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.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

nosferatu1001

Cannot stress enough, that these so-called records are rubbish in 99% of cases we see, and so you must cast a critical eye on them

JimsDay

1     I, JimsDay, acting on behalf of the Defendant in this matter will say that the facts in this statement come from my personal knowledge, and the knowledge of the Defendant except where otherwise stated.

 

2     On the 29th of May 2019 at the time of the alleged contravention, the defendant was at work at the ---- and denies knowledge of who was driving the vehicle with the registration number ----- on this date. 

 

3     The Claimant stated that there was a purchase of a parking ticket at their car park sited at G S Car Park, Leicester, LE1 3DL (“the Site”) for the Defendant’s vehicle.

 

4     The Defendant submitted a SAR to the Claimant on the -/--/2020 requesting:

- All photos taken
- All letters sent 
- PDT machine record from the day of contravention, of payments made.
- All data held, and a full copy of the PCN, NTK if it was produced.
- And a list of all PCNs considered outstanding against the defendant, or this VRN.

 

5     The Claimant responded with images of the vehicle entering and leaving the site, along with all letters sent to keeper, however they failed to provide evidence of an expired parking ticket which the claimant is pursuing payment for.

 

6     (witness) witness statement for the Claimant states that “The driver purchased a ticket for a period of 1 hour from 14:30 – 15:30 as shown by the extract of the metric data of the Site on the date of the contravention (AB1 pages 13-14)”. This so called metric data extract is a Word document list, which can be edited by anyone, signed by no-one, with nothing to show that sections haven’t been deleted or altered in anyway. There is nothing to show that this is the true and complete record from that site or from ALL machines at that site.

how is this so far and any recommendations?

Le_Kirk

Are you really acting on behalf of the defendant?  All through this thread, you have been the defendant!  Have you read any other witness statements?  Yours is quite poor and does not do what it should be, which is, "in support of and backing up, my defence as already filed".
Your WS should be a narrative of what happened on the day and subsequently.  I can see you have some subsequent activities but not much about what happened on the day.  Given that your defence seems to be you weren't driving and not even there, you need to provide the story (even if you heard it from the driver) and then provide evidence of where you were that day.