BW Legal/ UK parking Patrol (again!)

moneylion

moneylion said:

hi guys
I just received their WS this morning. They have added on a load of extra costs at the end £658! 
plus they accept grace period but then go on to say it doesnt apply (contradict themselves?) 

Their entrance signs also do not have any detailed terms or conditions on them and it is really small. 

Here is my new WS amended for comments received above: 

*** new link in post below ***

And their WS redacted (i hope i have redacted all identifiable information!) 

https://www.dropbox.com/s/lmnu7me6shma9zw/scan.pdf?dl=0

Should I be adding anything on re the amount of legal fees claimed in a small claims court? 

Also they say i didnt challenge the PCN, but i did and I have proof of that by them rejecting it! (is that something to mention??)

It's due on Monday 18th - is electronic service to court and claimant appropriate or should i also send a physical pack? 

thanks! 

hi - any more advice on this before I send it off? they have pre-empted my defence WS and included a skeleton argument. Also they are not going to be present at the hearing ! - can they do that? 

Fruitcake

Not being there is normal for them because it avoids them having to answer questions they would rather not be asked. They will send a local hired gun. Quite often they only get their instructions the day before the hearing.

You should comment on their statement that you failed to engage at the earliest opportunity. Include a copy of your appeal/communication as an exhibit, and refer to it where you rebut their comment. You could add a comment that this is an indication that they have failed to carry out due diligence in the matter, which puts into doubt some of their other claims.

The twelve step guide in the template defence thread that you should be revisiting tells you to email documents to the court and the claimant. You should also send a copy to yourself. Don't send your WS outside normal working hours as sometimes they don't get received.
I suggest you wait until around lunchtime tomorrow so the regulars have time to look at the two witness statements.

moneylion

thanks Fruitcake. much appreciated. 

My new WS below: 

https://www.dropbox.com/s/3ui2xtalg3z7vth/Final witness.docx?dl=0

Their WS is 
https://www.dropbox.com/s/lmnu7me6shma9zw/scan.pdf?dl=0

Fruitcake

I haven't read your amended WS as I was typing this.

Being prevented from leaving via the only exit due to being blocked by a construction vehicle would constitute a frustration of contract. The defendant was physically prevented from leaving, therefore physically prevented from complying with the alleged parking contract.
ANPR cameras only record time on site, not time parked, nor time loading and unloading. The claimant is put to strict proof that the driver was not prevented from leaving the site due to the only exit being blocked by construction vehicles.
It should be noted that the claimant's witness was not actually present at the time of the alleged event and therefore can have no knowledge of these events, whereas the defendant was present at the time and can state as a matter of fact that they were prevented from leaving due to external forces beyond there control, causing a frustration of contract.

(If there were any other witnesses, they should write a brief witness statement to this effect, signed under a statement of truth, and appended as an exhibit to your WS)
 
Signage
The artwork of signage in the exhibit on page 5 is a stock image held on a computer. It is different to the signs in the claimant's other images from pages 3 - 4. The signs purported to be on site at the material time are distorted and unreadable, but can be seen to have four icons including what may be the IPC logo at the bottom left, and the right hand sign is taller than the other indicating that they differ from each other, whereas the stock image has five icons including the IPC logo. The claimant is put to strict proof that the signs in situe at the material time were identical to those of the stock image held on a computer file, and capable of forming a contract with the driver.

None of the signage exhibits are time, nor date stamped, nor bear a location description. They could be anywhere. Again, it is averred that the signs in the claimant's exhibits were not in place at the material time, and the claimant is put to strict proof that the contrary is true.

The claimant has provided no proof that there were any signs close enough to where the defendant's vehicle was parked capable of being read by the driver and capable of forming a contract with the driver 

Their comment about the use of a template, and being able to amend it to suit in half an hour can be addressed by stating how long you took to read, and understand, and research, and confirm all the other points over X months, which was plenty of time to be fully conversant with all the points made as a litigant in person.

Depending on how bolshy you want to be, you could mention *Argumentum Ad hominem*. This is a legal term referring to the claimant attacking the character or motive or some other attribute of defendant, rather than addressing the substance of the arguments themselves, which the claimant has failed to do. This is especially true because the witness is a paralegal and therefore not actually legally qualified to make such judgments. 



*Thanks to regular and legally qualified poster Johnersh for bring this information to the forum.*

moneylion

Hi fruitcake 
Thanks a lot for taking your time in drafting the above - your wording is so much better! 
I will send it off in a couple of hours - wait for if anyone else has any more comments on my or their WS. 

thanks again

Fruitcake

Since this is a witness statement, you can use the first person singular, so me, myself, and I, rather than defendant and claimant.

If you have a witness, then it is extremely important to get a brief WS from them. If you can't manage it before the deadline, send it as a supplementary WS asap afterwards, but mention it anyway in your main WS if you are unable to include it.

Jenni_D

Argumentum Ad hominem (not honimen)  

Fruitcake

Jenni_D said:

Argumentum Ad hominem (not honimen)  

Thanks, I obviously writ it down wrong. I did English Lit and Lang, and all things Engineerum  , not Latin, so it's all Greek ancient dead language to me. 

Not_A_Hope

Typo / missing word in your witness statement para 10.

"I then Lakeside Way (completely unaware that I was on private land) to continue my day."

moneylion

Jenni_D said:

Argumentum Ad hominem (not honimen)  

I have used it like this  .. does that work? 

The claimant’s statement about the use of a template (paragraph 28 and paragraph 26 of the skeleton argument exhibit) are considered unfair and your highness is requested to consider it as Argumentum Ad hominem. It took me a considerable time to and being able to amend it to suit in half an hour can be addressed by stating how long you took to read, and understand, and research, and confirm all the other points over 9 months, which was plenty of time to be fully conversant with all the points made as a litigant in person.