Court Claim Form after 2 years - Help appreciated

Redx

on page 1 you told us the alleged overstay was 13 minutes, in 2019 , so version 7 of the BPA CoP was in place then and clause 13 defines 2 grace periods , the time to park up and read the signs , plus at least 10 minutes to depart (or more if it was very busy and the entrance or exit was blocked or slow moving , which it definitely is at my local Starbucks, McD`s and KFC etc )

you told us that grace periods applied, yet have mentioned nothing about it in your paragraph 3 above, yet its clear that you are correct and that these meetings were regular and tables booked etc, It is clear that the BPA CoP should be used, but the 2018 version, not the current V8 2020 version

so 3) should have those details simply because grace periods are a factor and the vehicles were authorised regularly due to being booked onto the site for Starbucks

so say 5 minutes to arrive, read the signs after parking up, plus up to 10 minutes to depart, make 13 minutes a reasonable amount of 2 grace periods

yet you say you dont know what to elaborate on in 3) ?  why ?

Coupon-mad

Seconded.

Elaborate on the claimant having breached the requirements for a consideration and grace period (quote para 13 of the right version of the CoP) and state that the vehicle wasn't PARKED for more than 3 hours.  Talk about the entrance roadway and that it was often busy there, and it likely took 5-10 minutes to get parked.  

dilby

Redx said:

on page 1 you told us the alleged overstay was 13 minutes, in 2019 , so version 7 of the BPA CoP was in place then and clause 13 defines 2 grace periods , the time to park up and read the signs , plus at least 10 minutes to depart (or more if it was very busy and the entrance or exit was blocked or slow moving , which it definitely is at my local Starbucks, McD`s and KFC etc )

you told us that grace periods applied, yet have mentioned nothing about it in your paragraph 3 above, yet its clear that you are correct and that these meetings were regular and tables booked etc, It is clear that the BPA CoP should be used, but the 2018 version, not the current V8 2020 version

so 3) should have those details simply because grace periods are a factor and the vehicles were authorised regularly due to being booked onto the site for Starbucks

so say 5 minutes to arrive, read the signs after parking up, plus up to 10 minutes to depart, make 13 minutes a reasonable amount of 2 grace periods

yet you say you dont know what to elaborate on in 3) ?  why ?

Coupon-mad said:

Seconded.

Elaborate on the claimant having breached the requirements for a consideration and grace period (quote para 13 of the right version of the CoP) and state that the vehicle wasn't PARKED for more than 3 hours.  Talk about the entrance roadway and that it was often busy there, and it likely took 5-10 minutes to get parked.  

Thanks both. Just home from work and sorted, so sitting down again. Here is what I have:

The claimant has breached the requirements for a consideration and grace period as stated in the British Parking Association Approved Operator Scheme Code of Practice (version 2018):

13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes. You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes

 

The vehicle was not ‘parked’ for the duration of the stay, as this period includes time to navigate to the car park as the entrance, drive through area and other shops were busy, and time taken to properly read the parking signs. Therefore 5 minutes to arrive, read the signs after parking up, plus up to 10 minutes to depart make 13 minutes a reasonable amount of 2 grace periods.

Redx

So let's see you add that concisely into your defence , such that the above can be incorporated into your witness statement in several months time

You need that door ajar in your Defence , so you can fully open it with the above , next year

Post your proposed draft paragraphs below

dilby

Redx said:

So let's see you add that concisely into your defence , such that the above can be incorporated into your witness statement in several months time

You need that door ajar in your Defence , so you can fully open it with the above , next year

Post your proposed draft paragraphs below

I'm afraid I'm really lost again. I thought the witness statement was before the hearing (14 days), so Im curious why it wont be for several months. Is that just how long it will be till court?

The above was actually my attempt at being concise - I could strip down the quotes from the COP but I assumed they need to be there. When you say it needs to be ajar, i'm afraid im just not really sure to what end. I've gone through the newbies thread and can't find anything about this, is there a section that I'm somehow missing.

Appreciate the help, i really do, just feel very overwhelmed.

KeithP

Well, as an example, let's use that CoP extract.

You Defence may say something like:
The claimant has breached the requirements for a consideration and grace period as stated in the British Parking Association Approved Operator Scheme Code of Practice (version 2018).

Then, using @Redx's terminology, having 'left that door ajar', some months down the line, your Witness Statement will include the quotes from that CoP.


This forum is awash with sample Defences. 

Coupon-mad

You appear to have missed quoting the section about a consideration period on arrival. So @KeithP's version is far better as it covers both.

Redx

As above , you just need a concise sentence that opens the door later on , so similar to what KeithP said ( not the whole CoP )

My point is that the hearing before the court won't be for several months , so yes your WS is due a few weeks before the hearing , but the hearing could be in 6 months time ,so your WS will include all of that CoP clause , which will back up your concise defence by expanding on the grace periods etc

So your defence is saying , the claimant failed to comply with the BPA CoP clause 13 dated 2018

Your WS is saying , I mentioned that the claimant breached the BPA CoP in my Defence , here are the paragraphs , these are the rules that the claimant breached , you will lay it all out for the judge to see , o no problem in you doing that , but at the right time

Plus you must include the period of consideration in your WS , so the suggestion by KeithP above is excellent , for both the Defence short version be the WS long version

Lastly , to reiterate , it will be months before any court hearing date , so months before your WS is due

Jenni_D

dilby said:

I'm afraid I'm really lost again. I thought the witness statement was before the hearing (14 days), so Im curious why it wont be for several months. Is that just how long it will be till court?

What exact stage do you believe you are at in the process? Try looking back at the 1st page of this thread and you'll find a post by @KeithP which gives you your first important milestone date, which is your Defence which needs to be filed by 4pm tomorrow (27th).

A witness statement comes much later in the process, usually 14 days before the hearing. (You are nowhere near a hearing yet - the claimant hasn't seen your defence and so hasn't even yet decided whether to pay the hearing fee).  

dilby

Jenni_D said:

dilby said:

I'm afraid I'm really lost again. I thought the witness statement was before the hearing (14 days), so Im curious why it wont be for several months. Is that just how long it will be till court?

What exact stage do you believe you are at in the process? Try looking back at the 1st page of this thread and you'll find a post by @KeithP which gives you your first important milestone date, which is your Defence which needs to be filed by 4pm tomorrow (27th).

A witness statement comes much later in the process, usually 14 days before the hearing. (You are nowhere near a hearing yet - the claimant hasn't seen your defence and so hasn't even yet decided whether to pay the hearing fee).  

Thanks Jenny. Yes I think I understand the stages ok, I was just surprised by the timings - I just didn't think it would take that long!