MCOL Stage with Part Admission v. PE - outside GP Surgery

Le_Kirk

OK, you have until 22 July, don't miss it.  I would aim for 21st just to be safe.

KeithP

Chris2334343 said:

It only says  "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at hearing no later than fourteen days before the hearing"

And that's all you need.

The documents upon which you intend to rely are your Witness Statement, your evidence and your Summary Costs Schedule.

Chris2334343

Thank you very much. Just checking that the Supplementary Witness Statement by Chefdave doesn't apply for PE right? because there is no 'abuse of process'?
https://us-noi.v-cdn.net/6031891/uploads/editor/7b/t3448nj90m49.pdf

Coupon-mad

That's correct.

Chris2334343

Hi all, I spent a few hours this afternoon to draft a WS and Cost Schedule. I don't expect this case can be dismissed as I've screwed up too much in the first instance, but I've tried my best. I would be grateful if anyone can have a look and see whether it can be better?  Thank you very much. 

In the County Court at XXX

Claim Number XXX

Between

CLAIMANT: ParkingEye Ltd

And

DEFENDANT: XXX

 

Witness Statement

 

1.      I am [name], of [address], the Defendant in this matter. I will say as follows:  

 

2.      I am an employee of the XXX NHS Trust as a Clinical Pharmacist at the time of the alleged contravention and attach the staff ID card as exhibit [initial]01.

 

3.      On 10 November 2019, I carried out my emergency on-call duties until 18:00 that evening and prepared to handover my on-call pager to the next colleague XXX. She at that time worked as a pharmacist at XXX Health Centre. We agreed to meet in front of the XXX Health Centre at 17:50 to arrange the handover. My vehicle, registration number, XXXX XXX was subsequently entered the parking area in question at the alleged time.

 

4.      I provide exhibit [initial]02 to proof that I was carrying active on-call duty on 10 November 2019 and covering the time in block between 16:30 and 19:00.

 

5.      I was confused by the inadequate signage when entering the parking area, with no mention of a charge being issued upon entering the area in question nor stated clearly that it was affiliated with ParkingEye. All of these coupled by the complicated road layout and markings which made the initial sign easily missed in the dark at the site in question. I provide exhibit [initial]03 to show the lack of streetlighting and inadequate signage as well as aerial photo to demonstrate the road layout at [street name] where some of the junctions are for buses only.

 

6.      I parked near the bay indicated by red box as shown in exhibit [initial]04, which is in between of the signage marked with ‘2’ in blue square. For the whole period time I had not left my vehicle and therefore was not aware of the signage as stipulated by ParkingEye.

7.      For the same reason, I was not aware of any ANPR installed at the parking area and warned a reasonably circumspect driver that he or she must guess the undisclosed ANPR timeline when passed the threshold of the site in question.

 

8.      My colleague XXX did not turn up at 17:50 as promised. I called her mobile and there was no answer. At that time, I thought she might be seeing patient and therefore not able to take my call. I tried to call her again for a few times subsequently but to no avail.

 

9.      Eventually, I left the parking area at the alleged time and continued to assume my on-call duty until hearing back from her.

 

10.  XXX called soon after I left the parking area and said she has left her mobile phone at home on that day. Therefore, she was not able to reach me either until she got home. Eventually, we handed over the on-call pager that night at around 19:00.

 

11.  I provide witness statement from XXX as exhibit [initial]05 to testify the event on the day is factual.

 

12.  It was eventful on that day the smooth transfer of patient care cannot be made promptly due to the unexpected communication breakdown momentarily.

 

13.  I am referring to British Parking Association (BPA) Approved Operate Scheme Code of Practice – Version 7. Section 9.3 states that, “You must respect the needs of the emergency services to carry out their duties without your taking enforcement action against them. This means that you must not issue parking charge notices to: liveried vehicles being used for operational fire, police or ambulance purposes; vehicles being used by a doctor or other health worker (such as a midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a BMA badge or authorised Health Emergency badge.”

 

14.  In this claim, I consider myself attending an on-call duty at the address under control.

 

15.  I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14. I provide Schedule of Costs as [initial]06.

 

16.  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Signature

 

Date: 12 July 2020

Chris2334343

[initial]06 Claim Number XXX

In the County Court at XXX 

Claim Number: XXXXXXX 

Hearing Date: 05 August 2020

 

 

DEFENDANT'S SCHEDULE OF COSTS

 

 

Ordinary Costs

 

 

Loss of earnings/leave, incurred through attendance at Court 05 August 2020 (NHS AfC hourly rate at £23.4 x 4 hours) £93.60
Return mileage from home address to Court (48 miles x £0.45) £21.60

Parking near Court £2.60 Sub-total £117.80

 

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (16 hours at Litigant in Person rate of £19 per hour) £304

 

Reading Letter before Claim and N1 claim documents for claim XXX - 2 hours

 

Researching how to respond to county court claims - 3 hours

 

Writing defence and submitting these and Directions questionnaires - 3 hours

 

Reading the Claimant's reply to defence – 2 hours

 

Researching Witness Statements and preparing evidence - 3 hours

 

Preparing Defendant's own Witness Statement and evidence - 3 hours

 

Stationery, printing, photocopying: £5

Postage (Signed For® 1st Class): £2.94

Sub-total £311.94

 

TOTAL COSTS CLAIMED £429.74

Signed

12 July 2020

Coupon-mad

Very good.  When you email the copy you have to send to P/Eye, make a point of putting in the body of the email that you agree to drop hands and not pursue your costs if they drop the claim within seven days, given the fact that you were NHS staff on call and that you have evidenced that fact to the court along with highlighting the breach of the BPA Code of Practice – Version 7. Section 9.3 which states:

 “You must respect the needs of the emergency services to carry out their duties without your taking enforcement action against them. This means that you must not issue parking charge notices to: liveried vehicles being used for operational fire, police or ambulance purposes; vehicles being used by a doctor or other health worker (such as a midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a BMA badge or authorised Health Emergency badge.”

Give them seven days to send a Notice of Discontinuance and end the email with that sentence.

Oh, and add a link to the NHS Car Parking Principles to your WS as well as a further exhibit (Google it and read it) and point out how P/Eye have breached that Government policy.

Chris2334343

Dear ParkingEye Enforcement Team, 

I am writing to provide you the witness statement and exhibit list which is going to be served in the County Court at XXX regarding Claim Number XXX where the case is to be tried on 5 August 2020 x:xx pm.

Original copies will be forwarded to your postal address: ParkingEye Ltd, 40 Eaton Ave, Buckshaw Village, Chorley, PR7 7NA

I would welcome a drop hands agreement and not to pursue the schedule of costs if you drop the claim within seven (7) days, given the fact that I am a NHS staff who was carrying out emergency on-call duties and that I have evidenced the fact to the court.

I am hereby highlighting your breach of the BPA Code of Practice – Version 7. Section 9.3 which states:

“You must respect the needs of the emergency services to carry out their duties without your taking enforcement action against them. This means that you must not issue parking charge notices to: liveried vehicles being used for operational fire, police or ambulance purposes; vehicles being used by a doctor or other health worker (such as a midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a BMA badge or authorised Health Emergency badge.”

I am also referring your breach of the Government Guidance for NHS patient, visitor and staff car parking principles published by the Department of Health and Social care. It states that “Concessions, including free or reduced charges or caps, should be available for the following groups: […] staff working shifts that mean public transport cannot be used”. It also states that “Additional charges should only be imposed where reasonable and should be waived when overstaying is beyond the driver’s control (eg when treatment takes longer than planned, or when staff are required to work beyond their scheduled shift)”.

Finally, I invite you to send a Notice of Discontinuance within seven (7) days from this email is sent. 

Coupon-mad

Perfect, very polite.  It can work, with ParkingEye.

Chris2334343

Thanks Coupon-mad, very much appreciated your advice. I'll see how they response and let you guys know if I can be 'another one bites the dust'