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Fruitcake

BPA CoP Version 6, October 2015, that was in place at the time of the alleged event.

AOS_Code_of_Practice_October_2015_update_V6..pdf (britishparking.co.uk)

18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. 

That means the lack of entrance signs is a BPA CoP failure. This is on top of no proof that there were any signs in the car park at the time of the alleged event.

TheOpinionatedBrit

Coupon-mad said:

Perfect evidence photos, @Fruitcake!  As long as that is confirmed by the OP to be the location, I'd say that nails it.

@Fruitcake So I've been looking at the first sign that mentions anything about charges and in 2014 there's nothing there, fast forward to 2017 and there's a sign there, there's nothing there for 2015. So who's to say there were actually any signs there in 2015??



 

Coupon-mad

Very good.  Show that timeline using those screenshots with the dates readable, as part of the exhibits to support your WS.

Fruitcake

The signs in the car park from 2012, and possibly the ones from 2014 are yellow, and you can just make out on one of them that the parking operator is Highview. Signs from 2015 onwards are white.
Do not go digging too deep, (don't zoom in) but it is quite possible that the white signs are for a different PPC. 

Use the entrance images from 2015 and 2016 I posted earlier and state that on the balance of probabilities there were no entrance signs in place in between those dates or at the time of the alleged event and therefore no contract could have been formed with the motorist, and that this is a breach of the BPA CoP that was in place at the time (V6 from Oct 2015).

Show yellow signs from before the event and white signs from afterwards, that a different PPC is now operating at the site, and aver that Highview were not operating at the time of the alleged event, or in the alternative, did not have signs in place that could form a contract with the PPC.
Require them to provide proof that the contrary is true.

As C-m said above, ensure that the image capture date is visible in your GSV  images.

Fruitcake

TheOpinionatedBrit said:

Coupon-mad said:

Perfect evidence photos, @Fruitcake!  As long as that is confirmed by the OP to be the location, I'd say that nails it.

@Fruitcake So I've been looking at the first sign that mentions anything about charges and in 2014 there's nothing there, fast forward to 2017 and there's a sign there, there's nothing there for 2015. So who's to say there were actually any signs there in 2015??



 

If you zoom in on the second image, the sign under the 10 speed limit roundel says UKPPO.

TheOpinionatedBrit

So I’m just finishing up my witness statement and reading through the solicitors. They make a point that I was parking on land for customers only and I’d said in my defence I was there for the X Factor (which is true), but say I wasn’t a customer. They are saying I should just answer the question. Should I say I used the McDonald’s therefore I was a customer?

Coupon-mad

Don't lie in any court submission!

Why not look up and see if you can find the Planning Consent terms for the place...there have been some cases where a PPC has said that a retail park is for customers only, when in fact the original Planning consent said the retail park had to provide parking for people to use the local shops and businesses too.

TheOpinionatedBrit

Completed and submitted my witness statement to the court today. Thank you to all that have helped. I’m quietly confident. Hopefully it doesn’t get as far as the actual hearing, but if it does I’ve done all I can and I’ll be gobsmacked if I lose.

TheOpinionatedBrit

Just a quick one. I’m assuming I won’t find out until the day of the hearing (this Friday) whether the claimant is going ahead with the claim, or would I be notified earlier. The statement that parking companies very rarely take it to the hearing is starting to feel a little untrue right now.

Coupon-mad

Is this just a 30 minute Directions hearing waste of time, like mediation only with a rookie Judge telling you that you have no case and asking you to settle, to save listing it for an hour's hearing?

I ask that because you say you only just submitted your WS a week before, which is odd timing if this is the final hearing (usually listed for an hour and WS have to be in earlier).

I think you are describing a 30 minute waste of time interim 'will you settle?' timewaster?  You can tell by the court order about it.