Accidental small underpayment

Snakes_Belly

I would not be suprised if they do discontinue but you have still got to assume that a hearing will go ahead.

I can't see any fair minded judge deciding in their favour as you have a ticket showing that you paid at least £5.00 when there is no actual tariff for that amount.  It's very weird and it does look as if there is something wrong with the equipment. The fact that this has happened to another poster in a different PPL car park in Birmingham is too much of a coincidence. 

Jimsnap

I agree, I'd like to think judges are all fair minded but I guess they are just human and subject to bias at times.

D_P_Dance

I suspect that many judges have a very poor opinion of PPCs.

Snakes_Belly

Jimsnap said:

I agree, I'd like to think judges are all fair minded but I guess they are just human and subject to bias at times.

I think that they are subject to concern about being called out for bias by the PPC's. That is why you need to give them something to work with.

To use a topical analogy. The PPC's and their reps are like footballers that feign injury so that they can get the advantage over their opponent.

Jimsnap

Snakes_Belly said:

Jimsnap said:

I agree, I'd like to think judges are all fair minded but I guess they are just human and subject to bias at times.

I think that they are subject to concern about being called out for bias by the PPC's. That is why you need to give them something to work with.

To use a topical analogy. The PPC's and their reps are like footballers that feign injury so that they can get the advantage over their opponent.

Good point

Jimsnap

I'm just writing my WS and am trying to follow the example one linked to on the Newbies thread.
Do I need to copy-in the Beavis v Parking Eye section? I've already referred to it in my defence so it would seem repetitive to use it again.

Do I just need to tell my story as it happened and include a copy of the ticket ?
 

Coupon-mad

Adapt the newer one by @jrhys, instead.  It is better to use Excel v Wilkinson than the Southampton case.

I see your case is against Walton Wilkins, trading as Premier Parking Logistics, PPL, and you'll have seen someone won against him today in another thread on page one (no link...read)!

Jimsnap

Here's my first attempt at my Witness Statement.

I can't find anything in the @jrhys thread that seems adaptable, I must be missing something.

So at the moment this is all I have. I can't seem to reduce this font size either 


Witness Statement

In the County Court at Nuneaton. Claim Number:  xxxx.

Walton Wilkins T/A Premier Parking Logistics (Claimant

V

xxxxx xxxxxx    (Defendant)

1.  I am Mr xxxxx xxxxxx, and I am the defendant against whom this claim is made. 

     The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge

  Sequence of events:

2.  I arrived, along with my wife arrived at the PPL carpark at approx 7.20pm.

3.  It was a dark night, we were running late for a show at The Hippodrome.

4.  For the aforementioned reasons, instead of going to the payment machine I went over to a parking attendant, (who was in the process of issuing a ticket to another car) to ask what the charges were, he informed me they were £3 for one hour or £6 to park until 8am the following morning.

5.  I went back to the car and my wife gave me 6 one pound coins from the purse of change we keep for parking meters, I inserted them into the payment machine, took the ticket and placed it on the dash, happy that although we only needed 2-3 hours we had plenty of time in hand if needed.

6.  There was no indication from the machine that anything was amiss.

7.  When we returned to the car after the show I was shocked to see a parking notice on the windscreen, and at first thought that somebody had placed it there as a joke but soon realised it wasn’t.

8.  When I examined the ticket I’d paid for I found it showed the machine had issued a ticket to the value of only £5, which was printed on the ticket, and that the ticket only allowed one hour parking time.

9.  I was confused by this because there was no £5 tariff and in fact, as I found out later, there was a notice on the machine stating it will only issue a ticket when the correct fee is inserted, this is clearly incorrect.

10.  My assertion is that the machine was faulty and failed to register all of the coins that I'd inserted, or that it had rejected one of my coins, which went unnoticed by me, but still issued a ticket for an invalid amount.

 Evidence of payment

11.  I have attached a copy of the disputed ticket along with the photo taken by the parking attendant of the ticket in place. 

As you can see from the attendants photo, only the time is legible, maybe if he had been able to read the amount paid he would not have issued the penalty ticket.

 

Redx

Remove the personal details , claim number and name for starters !!  It's supposed to be a draft , not the final version

9 doesn't seem correct to me , the machine should have not issued the ticket but alerted to the fact that an incorrect amount had been inserted because it found only 5 out of 6 coins were valid , in other words it should have alerted to insufficient amount inserted , or rejected all coins with , try again or whatever

There was no overpayment !! 6 coins were inserted for a £6 ticket , 6 coins were accepted

Coupon-mad

You were not meant to read his thread, just his Witness Statement,  He's posted it several times.