Parking eye court date - big mess!

mrso2012

Is this any good? 

1. I visited the Welcome Break services on 29th April 2019 at 19.09pm. It took me a few minutes to park. I entered the premises, and visited the coffee shop inside and used the facilities.
2. The subject car park is, I believe, monitored by automatic number plate recognition (ANPR). I am aware that the ANPR clock starts as soon as the driver passes through the line of sight of the camera. I would ask how can any motorist agree to terms and conditions when they are still driving a car. They would need to find a parking space, park the car, exit the car, read the terms and conditions then make payment. The grace period cannot start when a driver is still in their vehicle looking for a parking space, unaware of the grace period. The ANPR times entering and leaving are therefore incorrect and do not allow the 10 minute grace period as detailed in paragraph 13 of the BPA Code of Practice. Furthermore the Claimants signage makes no reference whatsoever to a grace period and therefore I would again ask how any driver is supposed to know this.
3. I left the premises within the 2 hour limit from the point I had parked up and read the signs but the time it took to drive in, find a car parking space, park up and the same upon leaving meant the time limit was exceeded by only 17 minutes. I would refer to County court Case B7FC00H1 – Parking Eye v Mrs B - before District Judge McKinnell at St Albans. Judge McKinnell commented that ParkingEye's signage only talks about ‘parking’, and doesn’t claim that the clock starts ticking once you pass the ANPR cameras. I consider the same situation has occurred here. The Claimant has not factored in finding a parking space, parking, reading the terms and conditions and making an informed decision before paying.
4. The car at the time of the incident was registered to a previous address. I informed the DVLA of the change of address. The previous property was empty until end of June of 2019 when a new tenant moved in and I was able to access the mail leaving me unable to appeal this in the first instance.

STATEMENT OF TRUTH

I believe that the facts stated within this witness statement are true. 

KeithP

That Statement of Truth is out of date.

The newer, mandatory, one is in the NEWBIES thread.

Redx

A good start

The statement of truth is incorrect , the new 2020 one is a lot longer

You need to add your exhibits , with reference numbers , which is your initials plus a number , such as ABC/01 , ABC/02 etc

mrso2012

Ah sorry, Thats the one parking eye have put on theirs (the old one) 

Thank you, appreciate that RedX!

Redx

Point out their error in your witness statement , plus any others that you find

nosferatu1001

...and ask that the Cs WS is struck out as they have not followed the CPRs, 2 months after the publicised rules change. 

Castle

Here's a case of an apparent 32 minutes overstay at the same site where PE discontinued:-
https://forums.moneysavingexpert.com/discussion/6071889/county-court-action-parking-eye/p2

mrso2012

Redx said:

Point out their error in your witness statement , plus any others that you find

Ok, should I make reference to the fact that I know I'm late in sending them my witness statement do you think?

Redx

Definitely not , just get it done by tomorrow with copies to the claimant and the Court , each one is your bundle

mrso2012

Redx said:

Definitely not , just get it done by tomorrow with copies to the claimant and the Court , each one is your bundle

Ok I won't mention it. Just date it as todays date as I only received PE's witness statement today? Is email sufficient or should I post this?