Court hearing 27/05/2021

chrisjinksss

Hi, I am after a bit of advice if possible.. i have used the forum alot over the last few months and gained a lot of info and strength to fight this ticket 
I have a hearing set for the 27th, I have sent my witness statements to both the court's and bank park ltd.
Today i have received the witness statements and evidence they will be using but from DCB legal. is this who I should have cc'd in with my evidence or just bank park?
Today is the last day to submit them to all parties.
My argument is there was not enough and not clear signage for the car park (merry hill car park b2), they have sent through a plan of all merry hill car parks. included is the one i parked in and they claim there were 9 signs and one on the entrance.. there was not! there was 2 and non on the entrance however the plan they give me is a out of date plan from a few years before.. the cars park the opposite way and their images of my car show their plan is incorrect.

Do you think this along with my images of the car park showing the lack of signs will be enough?
BTW i was parked not inside a bay but with a blue badge showing however not blocking any other space and ample room for other cars to move around the space and park (again their images of my car has passing traffic and parking cars.
Many thanks in advance 

KeithP

chrisjinksss said:

I have sent my witness statements to both the court's and bank park ltd.

Today i have received the witness statements and evidence they will be using but from DCB legal. is this who I should have cc'd in with my evidence or just bank park?

You should've sent a copy of your Witness Statement, evidence and Costs Schedule to the address on the Claim Form - the address in the box labelled Address for sending documents and payments (if different).

Best do that now.

Fruitcake

Once you have sent off your WS, please show us the scammers WS including exhibits, especially the alleged landowner contract. Only redact YOUR personal data, and tell us if the scammers have redacted anything. Upload it to dropbox or similar then post the link here. 

You might get away with sending a supplementary WS after the deadline with comments about their WS and evidence. Either it will be accepted, or it won't, but it can't do any harm. If it isn't accepted, it will make good crib notes for you to use at the hearing.

Redx

Yes , send your bundle by email to Dcb legal asap

The blue badge is of little consequence on private property , but there should be adequate BB signage about spaces and the parking rule for BB holders. A BB is not a licence to park for free , anytime , anywhere , against any rules 

Speedster2

chrisjinksss said:

Hi, I am after a bit of advice if possible.. i have used the forum alot over the last few months and gained a lot of info and strength to fight this ticket 
I have a hearing set for the 27th, I have sent my witness statements to both the court's and bank park ltd.
Today i have received the witness statements and evidence they will be using but from DCB legal. is this who I should have cc'd in with my evidence or just bank park?
Today is the last day to submit them to all parties.
My argument is there was not enough and not clear signage for the car park (merry hill car park b2), they have sent through a plan of all merry hill car parks. included is the one i parked in and they claim there were 9 signs and one on the entrance.. there was not! there was 2 and non on the entrance however the plan they give me is a out of date plan from a few years before.. the cars park the opposite way and their images of my car show their plan is incorrect.

Do you think this along with my images of the car park showing the lack of signs will be enough?
BTW i was parked not inside a bay but with a blue badge showing however not blocking any other space and ample room for other cars to move around the space and park (again their images of my car has passing traffic and parking cars.
Many thanks in advance 

Bank Park’s evidence in the form of this detailed map of the entire Merry Hill car park is key IMO. If you’re relying just on verbal evidence that the signage is insufficient then you need to be very sure of how you’re going to present this. The judge in my partners recent Merry Hill case, which she lost, took their map as absolute gospel, even our photographic evidence of the lack of signage was given little weight by him. In your situation I’d be trying to produce a map of the Blue 2 area with the signs you can prove were not actually there clearly indicated (big X ‘s, or something bold) and getting that in as a supplementary exhibit. Don’t forget to add the witness truth declaration where necessary!

Speedster2

Intu Merry Hill Landowner Agreement (https://www.dropbox.com/s/neowydv1x4cufj6/0EB8A443-93F1-44AD-90EA-7E71CDA6A6AB.jpeg?dl=0) From April case

Speedster2

Intu Merry Hill Map (https://www.dropbox.com/s/fdxtol1c3kd58zv/1D64B0E9-1D58-4684-9E4A-13D3E2C218C4.jpeg?dl=0)
In my partners case the Judge only had a black and white copy of the map and could not read the annotations on the right hand side of it at the scale of the exhibit sent in evidence. So he just asked BPMs solicitor to confirm that the markers on the map were accurate and up to date. She obviously confirmed that they were. Judge concluded that there was plenty of signage, photos of signs sent in evidence showed terms of contract. That was it.

Intu Merry Hill Map Key (https://www.dropbox.com/s/3ytdtfo4p5kbehf/F72238FB-72AF-4EBD-9E5E-A1D4967ABE33.jpeg?dl=0)

From April Case

chrisjinksss

Fruitcake said:

Once you have sent off your WS, please show us the scammers WS including exhibits, especially the alleged landowner contract. Only redact YOUR personal data, and tell us if the scammers have redacted anything. Upload it to dropbox or similar then post the link here. 

You might get away with sending a supplementary WS after the deadline with comments about their WS and evidence. Either it will be accepted, or it won't, but it can't do any harm. If it isn't accepted, it will make good crib notes for you to use at the hearing.

many thanks 

I am going to send it off tonight before midnight and hopefully this will be accepted as me sending it today and not before business closed today,

 sorry if i have done this incorrectly as this is first time using dropbox the link is as follows
it wont allow me to post the link as ''i have to be around for a little bit longer to post links'' any suggestions?

For my WS do i amend my old one and resend it with a heading saying amended or simply send in the additional info?

chrisjinksss

The images below are from their WS 
As you can see the way the cars park facing the shops however there old plan the car park is the opposite way around and the cars would park side onto the shops.
i parked in B2 just below their shop called toys r us which closed over 19 months before the ticket was issued
at the bottom is google images of May 2019 showing the correct layout and the entrance with no signs as they say there was
this is already included in my WS before i received their's today

Speedster2

Is your Landowner Agreement letter the same as the one I’ve linked above (Dated 3 April 2019)? If so, don’t bother relinking.

 I’d ignore the request to upload the entirety of the Claimant’s WS bundle, you’ll  be uploading and redacting and editing links that the site won’t allow you to post yet from now ‘til the court hearing.

Fruitcake

chrisjinksss said:

Fruitcake said:

Once you have sent off your WS, please show us the scammers WS including exhibits, especially the alleged landowner contract. Only redact YOUR personal data, and tell us if the scammers have redacted anything. Upload it to dropbox or similar then post the link here. 

You might get away with sending a supplementary WS after the deadline with comments about their WS and evidence. Either it will be accepted, or it won't, but it can't do any harm. If it isn't accepted, it will make good crib notes for you to use at the hearing.

many thanks 

I am going to send it off tonight before midnight and hopefully this will be accepted as me sending it today and not before business closed today,

 sorry if i have done this incorrectly as this is first time using dropbox the link is as follows
it wont allow me to post the link as ''i have to be around for a little bit longer to post links'' any suggestions?

For my WS do i amend my old one and resend it with a heading saying amended or simply send in the additional info?

If the dropbox link doesn't work then change https to hxxps. However, if the landowner contract and other info posted by Speedster2 ids the same, there is no need to.