Urgent help needed - County Court Claim - First Parking / DCB Legal

KeithP

AlwaysTrying23 said:

Regarding my numbering, should I be numbering every paragraph after number 3 independently and so on to the end of the defence template? Or can I include the below un-numbered paragraphs within paragraph 3?

Every paragraph needs a sequential number. 
So number all your paras sequentially and adjust subsequent para numbers accordingly.

AlwaysTrying23

As the driver may need to use various uni car parks to deliver, they often use the contractors valid permit, albeit showing a different reg number but that has not been an issue for years and is standard practice across the sites. Do you think it is worth including this  by point  or would it potentially open a can of worms. I am hoping there are enough points in Coupon Mads template and my chain of events to rely on. 

Would be grateful for any last feedback before I finalise ahead of Monday’s defence submission. 

1505grandad

"No larger signs normally present for disabled users were present, (non-compliance to British Parking Association Code of Practice (BPA CoP) 18.10), "

Just checking the relevance of the above  -  if so the BPA CoP V7 para relating to disabled motorists signs is 18.9 as follows:-

18.9 So that disabled motorists can decide whether they want to

use the site, there must be at least one sign containing the

terms and conditions for parking that can be viewed without

needing to leave the vehicle. Ideally this sign must be close

to any parking bays set aside for disabled motorists. 

AlwaysTrying23

1505grandad said:

Just checking the relevance of the above  -  if so the BPA CoP V7 para relating to disabled motorists signs is 18.9 as follows:-

Thank you so much, you are correct it is 18.9. I’m having to use a mobile device and copying and pasting through the various tabs is starting to take its toll! Really appreciate you spotting that. 

Redx

In the Jopson paragraph it says Penalty notice , yet normally parking charge notices are issued by private companies , so have you deliberately used the word penalty or is it a lapse ??

In your own case it is surely a parking charge notice ?

Elaborate on signage in the witness statement , plus that chain of events to enter and exit , just keep the bare bones for now

Pedantry is now key to honing your template , I couldn't give the paragraph number because you didn't renumber , so do so from 3 to the end of your adapted paragraphs , renumbering the rest of the template to suit before submission

You should really be using a computer such as a laptop , or even a tablet , not a mobile phone !!

The Defence is just one exhibit that you are relying on , so the time to elaborate is in the witness statement plus exhibits stage in a few months time !!

Think of this as like stage hands setting the scene , no performers are present , the play hasn't even started  there is no audience, but the scenery needs placing and the quick run through is present , but props , performers , the band and music come much later on

AlwaysTrying23

Redx said:

Elaborate on signage in the witness statement , plus that chain of events to enter and exit , just keep the bare bones for now

Ok this makes sense. So I have really consolidated point 3 of Coupon_mad’s defence template with the intention to elaborate with the finer details within my witness statement. 

Many of the points throughout the defence template are relevant to my situation so is there a way this could be thrown out before a court date is issued or is a court date now certain?

BELOW ARE POINTS 2 AND 3 FROM COUPON_MAD’S TEMPLATE. I WILL SEQUENTLY NUMBER THE REMAINING DEFENCE TEMPLATE POINTS ACCORDINGLY. 

The facts as known to the Defendant:

1. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 
2. This PCN relates to a staff car park at a university site. The driver is a contractor who has to deliver items across different sites. 
3. The driver was dropping computer cables  off to the onsite university contractors which would have taken less than 10 minutes.
4. There were no loading / unloading bays nor signage stating this was prohibited. 
5. The car park has a manned barrier entry system via intercom and the car park attendant was aware of the drivers intentions.
6. The use of different terminology, sizes and illegible text on the signage caused confusion. 

END OF MY ADAPTED PARAGRAPHS BASED ON 2 & 3 FROM THE COUPON MAD TEMPLATE

KeithP

Change the wording of your para 3 to...
3. The driver was dropping documents off to the onsite university contractors which took less than 10 minutes.

Redx

Will it get thrown out of court ?? , Very unlikely

Will it definitely go to Court ? Unknown so a question with no reliable answer

The claimant has many hurdles to jump , like payment , submission of WS plus Exhibits , you have submission of WS plus Exhibits too , claimant must pay the court you choose a court fee too , this could be discontinued at any time by the claimant , so how can anyone tell you that it will get in front of a judge in court ? It's an impossibility to give an answer !!

We know there will be a cup final , between two teams involving at least 30 players , so let's assume you are in that pack , even if you get to Wembley it could be called off due to covid19, but will you actually play if it went ahead ? Will you be match fit ? , will you test negative for covid19 ??  Will you be picked and then score the winning goal ?? So many questions about the future !!

So coach says get match fit and keep your diary free , just in case

AlwaysTrying23

KeithP said:

Change the wording of your para 3 to...
3. The driver was dropping documents off to the onsite university contractors which took less than 10 minutes.

Done thank you 

AlwaysTrying23

Redx said:

So coach says get match fit and keep your diary free

I’m loving these analogies. Makes perfect sense even to a simple soul like me. So with my latest entry for points 2 and 3 of Coupon Mads template, I’m hoping it’s enough detail to get me to the witness statement stage, where I can show off my foot work and maybe take a shot or two at target before the big game!!