Private Parking Ticket. Ardpark.

Fruitcake

I would include a reference to the persuasive Appeal Court Jopson vs Homeguard case number 9GF0A9E where the judge stated in paragraph 19 that dropping off/picking up passengers is not parking.

Le_Kirk

I think there is too much narrative, that should be saved for the witness statement.  I was going to say to leave out the bits about dropping off picking up also for the WS, just saying you entered, read what signs you could and decided to leave BUT bearing in mind what @Fruitcake has written, you should be OK to leave it in - but shorter!  All paragraphs must have a number.

Coupon-mad

The defendant also notes the initial use of Ridings Recoveries to recover the supposed debt apparently operating hand in glove with the Parking Company to ‘manage’ the case.

You haven't explained that they are the SAME company, passing themselves off as a third party 'debt collector' and adding a false sum to the parking charge.

nigsy1

Thanks all again!. I'll re draft with your helpful comments.

beamerguy

As Coupon-mad says above.

Your job is to show a judge of this very sly way of doing business especially as the Supreme court ruled that the parking ticket includes the cost of operation. It was never ruled that the parking company could become debt collectors as well thereby attempting to increase the parking charge and going against the Supreme Court

SayNoToPCN

Everything must have a para number. Every para.
Cant you make it shorter?
You entered at X time to drop off passengers, exited the carpark, and returned Y minutes later to pick up passengers. At no time was the vehicle parked, as noted in Jopson v Homeguard that loading and unloading is not parking, and therefore no parking "contract", express or implied, was entered into either by agreement or conduct. 

SayNoToPCN

Also - every time you mention the parking company, you must call them the claimant. 
So you woudl say that Ridings Recoveries is the same company / owned by the claimant. Make it really obvious that passing a file to your wholly owned company odesnt cost anything!

nigsy1

Hello All, my latest  draft defence, pared down 

2. It is admitted that the Defendant was the registered keeper of the vehicle in question and was driving on the day with 2 passengers.

 The facts as known to The Defendant- 

3. I entered the car park at 12.17 to drop off the passengers. I returned about 13 minutes later to pick them back up. At no time was the vehicle parked, as noted in Jepson v Homeguard, loading and unloading is not parking and therefore no parking ‘contract’, express or implied, was entered into either by agreement or conduct.

4. The defendant notes that Ridings Recoveries is the same company/owned by the claimant passing themselves off as a third party ‘debt collector’ and adding a false sum to the parking charge.

5. The defendant notes that the Supreme Court ruled that any parking ticket includes the cost of operation. It never ruled that that the claimant could become debt collectors to increase the parking charge.

Le_Kirk

You need to write it in the third person, no "I" but "the defendant.  I don't think your points about debt collectors are defence points. 
If you are saying that the defendant entered the car park, dropped off passengers, left the car park in the car, entered the car park again some time (13 minutes) later to pick up passengers and then left again, you should make that very clear to the judge as, it reads at the moment like the defendant was sitting in the car!  Your point 5 is covered in the standard defence template.

SayNoToPCN

I htink adding in straight up that the so called debt colelctors, for which they ve been charged £60, are the same company as the claimant isnt a bad thing

I would probably find and reference Wonga losing here, and point out the similarities.