County Court Claim - NCP Parking outstayed by 20 mins

Monseymoo

@Coupon-mad spooky timing Ive just received an email from the courts with my court date 17th Aug then they have put this in does this mean I need to submit my WS by the 10th July now or by 4pm on the 10th July I'm confused?

The claimant must send the docs so they are received no later than 4pm on 26th June 2021, the claimants docs must include a copy of the agreement giving authority to regulate parking on the land in question.  The defendant must send the documents so that they are received no later than 4pm on 10th July.

Monseymoo

Im wondering if this is any supplementary docs following on from both WS as the Notice of allocation to small claims track states:
"Each party must delivery to the other party and the court office copies of all documents on which that party intends to reply on no later than 4pm on 7th June 2021."
I've tried calling the court but just get answerphone messages ive left one but just dont want to miss a deadline if it is today.
@Redx @Le_Kirk @1505grandad @KeithP @Jenni_D
@Coupon-mad what did you think of the line re legitimate interest?  Open to any suggestions guys if I need to get this submitted today I really need to get it finished.
"There is no legitimate interest for the Claimant to pursue a genuine customer under these circumstances."

Coupon-mad

If only para 6 of the first Order was amended then the other paras still stand. 

So, was oara 6 the one that mentioned today, or not?  If not, then that para still stands and today is the time deadline.

Monseymoo

yes paragraph 6 mentioned today in the order, the email ive had today had the other dates added 
Based on this i'm assuming today is the date by which to submit 
@Coupon-mad thoughts on how to word the paragraph  re legitimate interest?  

"There is no legitimate interest for the Claimant to pursue a genuine customer under these circumstances."

Monseymoo

Thanks everyone for their help I will be submitting this in 30 mins so any last feedback is greatly appreciated:

1. I am xxxxxx of xxxxxxt xxxxxxx the Defendant in this matter. I will say as follows:

2. On 26th January 2020, I parked my vehicle registration No. xxxxxxxx in the NCP car park at Bournemouth Terrace Road, Bournemouth, BH2 5NN.

3. I purchased a ticket using the paybyphone app on my mobile for 1 hour of parking starting at 11.10am.

4. I entered the local town from the car park and carried out some shopping, around 55 minutes later I returned to my vehicle.  Upon entering my vehicle and opening my bag I realised that my purse was not in my bag.  Understandably concerned I first went through my vehicle floor to see if it had fallen out of my bag.  Upon not finding my purse I then began to retrace my steps from the car park back into the Primark shopping center lift shopping store at address:

Primark

48 - 54 Commercial Road

Bournemouth

United Kingdom

BH2 5LR

During this time I carefully was checking the ground in case the purse had fallen out.  It’s worth noting that on the day in question the weather was bad with heavy rain and strong winds, trying to look on the ground retracing my steps for my purse in such conditions added time.  I approached the security guard in the entrance of the store and asked if a purse had been handed in, I was asked to go to customer services where a purse had been recorded.  Given it was a busy Sunday and the store is incredibly big (SH01 - showing size of the store and regular queues) I then made my way upstairs to the customer services area where I had to queue for around 10 minutes.  I was then asked to identify personal items in the purse to validate my identify which I did, I then returned back to my vehicle using the lift up into the car park. 

5. I got into my vehicle extremely grateful but understandably distressed following the concern over the potential loss of money and personal items within my purse.  The car park at the time of returning was very busy given it was peak shopping time on a Sunday.  There is only one entrance and exit to the car park meaning people can often queue to leave especially if people are in the middle of parking.  On the day in question it took a considerable time to leave the car park given the amount of people parking and pool weather conditions.  It’s additionally important to note that this car park is in the centre of town and has a limited number of spaces to other car parks in the town, as such it is regularly busy and often customers will have to wait for spaces as people leave and people waiting to leave as people queue for spaces.

6.  I enclose photographs of the car park (SH02) to show the limited space for people waiting for spaces as people exit and the single exit which will hopefully illustrate on a busy day how this would lead to delays in exiting the car park.  Due to all these factors this added time in me leaving the car park as photographed at 12.31pm.

7.  Purchasing another ticket after losing my purse was at the time the last thing I was considering given the immediate panic and distress I was under. 

 

8. I have included evidence of my purchased ticket in the car park (SH03).

9. I have contacted Primark to ask for any evidence of the property being handed in however have been advised that all property logs are destroyed after 3 months.

10.  I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. A copy of paragraph 13 of the CoP, which relates to grace periods. In order to be an accredited member of the BPA, compliance with the CoP is compulsory.  The significance of being a member of the BPA and subscribing to its CoP is that the Claimant is only entitled to ask the DVLA for the details of a car’s registered keeper if it is a member (so without membership a private parking company would not be able to function without the ability to trace drivers/registered keepers).

11. Paragraph 13 of the CoP version 8 (current at the time of my parking) clearly states that a grace period is to be applied to parking. CoP requires them to be "at least 10 minutes" (paragraphs 13.3). It is worthy of note that the recommendation is a minimum of 10 minutes, not a maximum. 

 

12. In the Witness Statement from the Claimant dated 2nd June 2021, paragraph 21 states

“Pursuant to the paragraph 13.3 Code of Practice, the grace period allowed for up to 10 minutes for the Defendant to vacate the Car Park”

This is not accurate I have added below the actual wording from the Code of Practice as below from section 13.3:

“13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.”

This clearly shows that a driver should be given ‘at least’ and not ‘up to’ 10 minutes at the end of any car parking paid to leave the car park not a minimum as stated by the Claimant.

 

13. Additionally in paragraph 46 of the Witness Statement from the Claimant it states that I overstayed my parking by 24 minutes.  The parking was purchased at 11.10am therefore the overstay was actually 21 minutes not 24 putting more inaccuracy to the claim made against me.

 

14.  I have conducted further research into the Claimant and their associates which has revealed that they are pursuing claims like these on an industrial scale using intimidation tactics and threatening court action to force people in to paying charges for which they are not necessarily lawfully liable. They have abused the courts, and threats of using the courts, as a cheap form of 'debt' collection and acquiring default CCJ's, in the knowledge and hope that many people would not have the determination to fight through the many threats.

 

15. The Claimant’s threats strongly imply that if I did not pay immediately then a CCJ was inevitable and that it would destroy my ability to borrow money and destroy my career prospects. There were many times I felt like giving in to the Claimant’s demands despite strongly believing I do not owe the money demanded.

 

16. Furthermore the extra charges are an abuse of process, I refer you to the case of G4QZ465V Excel v Wilkinson whereby it was ruled that given the costs of recovery are built into the parking charge as a cost of operating the scheme, this is a double recovery or an attempt by the claimant to try to add in an additional charge.

 

17. The fine listed on the PCN charge states £100 and yet the claimant is attempting to recover £175.24 (plus £25 court fees and £50 legal representative's costs) a difference of £72.24.

 

18. The fact that the Claimant has inflated its Claim in the face of court action further increases the suggestion that it is reliant on individuals not defending themselves and abusing the courts in order to obtain default CCJs.

 

19. Having made recent contact with BW Legal they have refused to see reason for the unfortunate circumstances and that additional reasonable grace periods of time in such circumstances should be provided.

20. There is no legitimate interest for the Claimant to pursue a genuine customer under these circumstances.

21. The Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing, such as are allowable pursuant to CPR 27.14 (SH04 - summary of costs assessment).

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Coupon-mad

yes paragraph 6 mentioned today in the order, the email ive had today had the other dates added 
Based on this i'm assuming today is the date by which to submit 

Your assumption makes no sense to me, if para 6 is amended now to change the dates to later on!

The DIrections have changed to the new directions.  The old #6 has been replaced.

Le_Kirk

6.  I enclose photographs of the car park (SH02) to show the limited space for people waiting for spaces as people exit and the single exit which will hopefully illustrate on a busy day how this would lead to delays in exiting the car park.  Due to all these factors this added time in me leaving the car park as photographed at 12.31pm.

Maybe: -           

6.  I enclose photographs of the car park (SH02) to show the limited space available for people waiting for spaces as whilst other vehicles leave, people exit and along with the single exit route.  which This will hopefully illustrate how, on a busy day, this there would lead to be delays in exiting the car park.  Due to all these factors this added time resulted in me leaving the car park as photographed at 12.31pm.

Monseymoo

@Le_Kirk @Coupon-mad @KeithP @1505grandad @Jenni_D

Hey everyone so I have my court telephone hearing next Tuesday 17th Aug.

Starting to feel pretty anxious which I guess is normal.

I found this link which I have read through to try and be as prepared as possible I have submitted everything required to the courts and the claimants solicitor (witness statement, defence etc).  Am I required to email them again to the courts on the day?  Or is everything given in advance to the judge?

Today I got a folder from BW Legal with:

• Pleadings - claim form and particulars and defence
• Orders - notice of allocation to small claims court
• Witness Statement from claimant

I'm sure its part of their plan but being in a bound folder it makes it feel very intimidating and formal and I need to know if I am expected to be printing and sending similar again?  I am confused though as thought everything that had been sent electronic to the courts and claimant was all that was required.

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Can anyone else advise what else I need to do to be prepared, like how long the hearing will last, any advise from people having telephone hearings where the claimant was BW Legal.

Although I am hopeful I will win I am aware if BW legals solicitor is convincing to the judge I may potentially loose  

Any advise would be hugely helpful!

Umkomaas

Hopefully this will help as far as what a typical small claims court hearing might be like - first posted on the forum by regular contributor @KeithP some years ago. 

https://www.youtube.com/watch?v=n93eoaxhzpU

Redx

Plus do a forum search on a well known hit record by Queen , the search words initials are , AOBTD !!

That phrase is added to all the successful wins by forum members , where we encourage feedback