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County Court claim letter

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  • I doubt there is anything to be gained by going back to the carpark, the signs have changed, you dont have time by the sounds of it anyway.
    I have given you several points to work with previously.
    I think you need to stop panicking and concentrate on the main facts to put in your ws, it doesnt have to be War and Peace, each one  is different.
    You havn't shown the pcn but I know it wont be POFA compliant so they have to prove who was driving for a start.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If the signs are not with their WS , then you say so and put them to strict proof , given that the proof is missing from their bundle

    If the signs are in the bundle , you already have them
  • Look on street view for the location and look at signage at both entrances to the car park. Off the top of my head I think you can go to July 2018.
    Is there signage for  'no return within 90 minutes '  ?    No.    Use those pictures / print them off or whatever,  with a date on.  
    Any changes and approvals to signage will have to be shown/ proved by ES.

    There was a local newspaper article in Jan 2019 ,  just one of many,  highlighting the problems with the signage at the carpark.  4 local councillors were caught out with the no return thing so signage is / was a major thing. 

  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary
    edited 6 November 2020 at 10:24AM
    Look on street view for the location and look at signage at both entrances to the car park. Off the top of my head I think you can go to July 2018.
    Is there signage for  'no return within 90 minutes '  ?    No.    Use those pictures / print them off or whatever,  with a date on.  
    Any changes and approvals to signage will have to be shown/ proved by ES.

    There was a local newspaper article in Jan 2019 ,  just one of many,  highlighting the problems with the signage at the carpark.  4 local councillors were caught out with the no return thing so signage is / was a major thing. 

    Massive thank you. I have got some good pictures off google maps and it just says 3 hours free parking. The driver of the  vehicle wont of been aware of no return within 90 minutes as this should displayed on entrance to the car park. With the driver not being aware the vehicle in question has entered the car park completely unaware of no return in 90 minutes. Is this called entrapment? 

    Does it matter if you can see that its from google maps on the pictures?
  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nathanb said:
    Look on street view for the location and look at signage at both entrances to the car park. Off the top of my head I think you can go to July 2018.
    Is there signage for  'no return within 90 minutes '  ?    No.    Use those pictures / print them off or whatever,  with a date on.  
    Any changes and approvals to signage will have to be shown/ proved by ES.

    There was a local newspaper article in Jan 2019 ,  just one of many,  highlighting the problems with the signage at the carpark.  4 local councillors were caught out with the no return thing so signage is / was a major thing. 

    Massive thank you. I have got some good pictures off google maps and it just says 3 hours free parking. The driver of the  vehicle wont of been aware of no return within 90 minutes as this should displayed on entrance to the car park. With the driver not being aware the vehicle in question has entered the car park completely unaware of no return in 90 minutes. Is this called entrapment? 

    Does it matter if you can see that its from google maps on the pictures?
    Why would we advise if it did?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary
    fair enough. The newspaper article as well do I need to cut out all the advertisements when I look online as well. Normal ones doesnt matter but I have ones of women in underwear just think it looks a bit unprofessional but unsure how to cut it out without chopping down the article as surely its better if I show the entirety of it rather than snippets.
  • Were_Doomed
    Were_Doomed Posts: 699 Forumite
    500 Posts Name Dropper Photogenic
    edited 6 November 2020 at 10:37AM
    Edit the photo in Paint or similar and simply put filled rectangles over the adverts. (Save a copy of the photo before you start editing in case you need to do it again).

    Note that the article is merely anecdotal evidence / circumstantial ... but it helps to support your claim that the No Return clause was not clearly highlighted to the motorist.
  • The terms and conditions signage (  if a visitor can find them )  is in the car park,   not clearly on view at the entrance.   If they have already been into the carpark once , they have to go back in to find and read those terms and conditions,  that's when they get trapped. 

  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary
    Im including all these pictures from google and articles can these be included in my witness statement? in my witness statement ill be discussing what they have said in there bundle.
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Nathanb said:
    Im including all these pictures from google and articles can these be included in my witness statement? in my witness statement ill be discussing what they have said in their there bundle.
    Yes, you can, as that constitutes evidence.  You can refute any statement in their WS that is incorrect and use anything that goes in your favour.
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