Napier Parking - Claim Form

youngie24

D_P_Dance said:

A judge earlier this year made these comments

"This signage contains a huge amount of wording, in varying fonts. There are

between 650 ta 700 words, by my rough count. it's well known that the average
reading speed of most adults is aground 200 to 250 words per minute. On the basis
however that this is reading a sign and there are many technical words, it would
probably take an average reader about 3 to 4 minutes to read everything on the
sign. The key part however is found be found some 140 words into the text. It is in the
middle of the sign and it says this, in capitals, then below it is a lower sized font
referring to the £100:"   DJ Harvey

ok great .. another one to save ☺

Coupon-mad

Not really, it was appealed and overturned in a truly shocking case where a 70 year old lady had to foot the 4 figure bill for a substantial part of the costs of the barrister that the PPC threw money at, to remove an embarrassing judgment.  She got caught in the crossfire and we should not be quoting DDJ Harvey, who has since retired anyway (a nice and honourable man, was my impression).

tboo

youngie24 said:

Ok so just to clarify the 10 minute rule doesn’t apply to me ? But I can argue about the unclear signage in the dark and the FACT I was only their for 3 minutes ? 

I wouldn't bang on about you were there for 3 minutes, as they will undoubtedly have evidence to contradict that. BTW What is your evidence? Exhibit xx08. No need to show just state it.

What evidence have they provided regarding your time on their property? What timings have they said?

Provided CCTV stills etc.

Do you have a witness statement from Captain's Cove giving permission for their patrons to park on someone else's land?

D_P_Dance

But that does not mean that it should not be  included in a defence.  FWIIW, I agree with Mr Harvey.  

Le_Kirk

I think you are worrying too much.  It is unlikely that you will be talking for two hours about your defence and witness statement (that's why you send them in so the judge can read both sides of the case).  The judge will lead you through it and ask you questions.  You can have a crib sheet of your main defence points and some notes in plain English so you understand.  This should make sure that if/when you get the chance you can make all your own points.  Judges understand (well most of them) that you are a litigant in person and not a trained lawyerly type.

Not_A_Hope

Youngie 24 said - 'also the claimant has sent a huge amount of papers .. with all their letters'.

What you will realise the more you understand about parking scams is that the majority of what they write is B/S and designed to frighten people into paying up. That is why it has turned into a billion pound industry in recent year. That is why this government need to pull their finger out and get private parking companies and their trade associations that behave in an underhand and unfair manner sorted out with a system that us fair for motorists.

In the meantime study the relevant parts of the Claimants witness statement and be ready to challenge it in court.

youngie24

tboo said:

youngie24 said:

Ok so just to clarify the 10 minute rule doesn’t apply to me ? But I can argue about the unclear signage in the dark and the FACT I was only their for 3 minutes ? 

I wouldn't bang on about you were there for 3 minutes, as they will undoubtedly have evidence to contradict that. BTW What is your evidence? Exhibit xx08. No need to show just state it.

What evidence have they provided regarding your time on their property? What timings have they said?

Provided CCTV stills etc.

Do you have a witness statement from Captain's Cove giving permission for their patrons to park on someone else's land?

The FCN stated I was there from 1826 to 1829 and the stills were taken  at 1827

youngie24

youngie24 said:

tboo said:

youngie24 said:

Ok so just to clarify the 10 minute rule doesn’t apply to me ? But I can argue about the unclear signage in the dark and the FACT I was only their for 3 minutes ? 

I wouldn't bang on about you were there for 3 minutes, as they will undoubtedly have evidence to contradict that. BTW What is your evidence? Exhibit xx08. No need to show just state it.

What evidence have they provided regarding your time on their property? What timings have they said?

Provided CCTV stills etc.

Do you have a witness statement from Captain's Cove giving permission for their patrons to park on someone else's land?

The FCN stated I was there from 1826 to 1829 and the stills were taken  at 1827

Also captains cove is no longer it went into administration 

Not_A_Hope

'The FCN (PCN?) stated I was there from 1826 to 1829 and the stills were taken  at 1827'. 

I would certainly be using their evidence against them and bring it to the attention of the Judge.

youngie24

Not_A_Hope said:

'The FCN (PCN?) stated I was there from 1826 to 1829 and the stills were taken  at 1827'. 

I would certainly be using their evidence against them and bring it to the attention of the Judge.

I most certainly will xx