Small claims court - general advice please

firmaten

Thanks all - yes I've made a silly mistake there.

I'll see what I can do with regard rescuing this in the witness statement.

Redx you seem to suggest to bring that up only if it's in their WS and exhibits?

Redx

That is because you have already submitted your defence , so your WS plus Exhibits plus summary costs assessment are in support of your own defence , but you can rebut theirs if brought up , you cannot suddenly introduce new defence points unless they open that door

Johnersh

Make sure you have the sign (ie contract terms you're alleged to have breached) *Before* finalising the statements. 

firmaten

Thanks both.

Redx - so if they mention it in WS can rebut in hearing.

Johnersh - thanks noted.

Umkomaas

Did you mention anywhere in your Defence about PoFA or about their NtK or did you purge it of any semblance of reference to anything remotely connected?  We're looking at ways in which you can link your WS to anything at all (straws in the wind). Please check it word for word. 

Coupon-mad

I think it will be OK because the POFA is a fact of law. 

However if the OP was driving it may be better to present themselves at the hearing as the driver and drop the POFA technicality from now on, anyway.  In a case that is all about the signs, and where the D was the driver, this is what a Judge would prefer to hear.

firmaten

Hi Ukmonass - thanks.

Point 17 was totally purged. I see POFA referenced in points 12 and 27.

The prior "solicitors firm" who were in contact with regard to this advised via letter that their client does intend to rely on schedule 4 of the Protection of Freedoms act 2012.

firmaten

Thanks Coupon-mad - good to know. As mentioned, I'm not overly confident about the signage defence in the cold light of day. Having said that I do intend to present the circumstances, comparisons with signage from the same firm and clear well presented signage from reputable firms.

I’m also a bit lacking in the evidence department just at the moment – though have tracked down somes images from google that might be ok. I also have the SAR to come back.

Coupon-mad

OK, plenty of time to decide whether to defend as driver about what happened, or as keeper (which a Judge might smash apart by asking if you were the driver and taking a dim view).

And this weekend: TONIGHT - An urgent task – deadline is MONDAY!

Please now make a real difference:

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

 

 

firmaten

Coupon-mad - I'll take a look now