Excel parking

beagles2

Le_Kirk said:

Other posters are saying quite a few days but if you have proof of sending and you have received an auto receipt message, you have proof.

ok thanks, yes i have an auto receipt so all good. 

beagles2

Hi, apologies for the inactivity on this case.  I have been having a bit of a chaotic time recently.  I have to submit my WS by the 18th  of May so i am planning on spending this weekend preparing it.  My defence  is that i do not recall who was driving at the time of the parking ticket and as the keeper i cannot be held liable.  However i have been looking at the signage and layout of the car park on google maps and i have taken images.  One of the images shows that in from of the signage there is a large salt grit bin so you cannot actually get close enough to read the terms and conditions as the alleged offence is for parking outside of the lines i feel that this is pertinent to the defence?  Due to the distance away from my home and the covid guidelines being avoid travel i dont feel it would be correct to drive a 200mile round trip to take photos?  If i were to go take photographs are millage claims accepted within costs?

Redx

No they aren't

Try gsv for photos , most people get them that way , or name the location in case somebody can help

This next stage is your witness statement plus exhibits (evidence) , supporting your submitted defence

It isn't about your defence , because the Defence is already in

beagles2

Ok thank you, i should have been a bit clearer I meant google street view.  Its good to know that i can use these images (i guess they are probably better seeing as they are date stamped closer to the ticket date and the signs could be totally different now 4 years later) 
I modified the suggested defence here on the forum and that included the poor signage, the £60 additional costs and the keeper denying liability.
I think / hope i have enough evidence now so i will get typing my WS and post here,  i would be most grateful if people on here could review it for me.

Many thanks once again

Redx

They will after you have posted it below , just bear in mind that your WS plus Exhibits are in support of your already submitted Defence

D_P_Dance

You have to prove nothing, it is their responsibilty to prove (OTBOP) everything on which they will rely.  

Coupon-mad

For a good recent WS example look at the one by @jrhys which shows how to set it out and uses case exhibits that you can use too.  However, I think his WS didn't mention the lack of landowner authority that should be included and is shown in other example all over the forum, so add that too.  

And you need to be aware that Excel will try to say that they can 'assume' the keeper was the driver.  They can't,. but you need to know how to argue that.

D_P_Dance

Read this
https://www.parkingcowboys.co.uk/elliot-vs-loake/

beagles2

Hi, when preparing my witness statement a number of the examples i have found mention the claimant WS errors.  I have not seen anything from the claimant yet.  Are the witness statements living documents that evolve i.e my first submission and the claimants' will be on the 18,  do we then reply to each others statements? 
My submitted defence is that i was not driving and do not recall who was.  in my WS i will be stating that my wife and i were sharing the driving on the day having visited a few locations and provide the joint insurance documentation to prove that both are able to drive the car .  I also mentioned poor signage and i have examples from google street views showing the obstructed signs not allowing any driver to view the T&C's such as parking over the line would be hit with a £100 fine.   The signage on the machine itself only details the amount that is required to be paid and this had been done correctly (with a photograph of ticket stub as proof) there was no opportunity to view the conditions as the sign with these conditions has a large grit container in front of it preventing people from approaching close enough to read anything there are no other signs more accessible that detail the conditions. 

Redx

You both have the same deadline , as detailed in your court order , and theirs too

So assume last minute exchanges , or lateness does happen , make sure that you meet the deadline , even if they don't