SMALL CLAIMS COURT - Witness Statement and Dispute Resolution Hearing advice

anony-moose

I have recently received a small claims form from Minster Baywatch for having parked 11 minutes in a car park at my son's school, where the first 10 are free. I received letters, but ignored them all. I am just sorting my defence using the template, but didn't know what path to take... Should I acknowledge that I was the driver or deny it? What would people recommend?

Thanks in advance - any help is much appreciated. 

Fruitcake

The advice to ignore a parking charge notice has not been given here since the law changed in 2012.

With regards to identifying the driver, think what you would say if the judge asks, "Were you driving?" 
Your only (truthful) answers can be: -
Yes
No
I don't know
I don't want to say.

Then think what the judge will think, depending on your answers.

What is the issue date of the claim form?
Upon what date did you do the AoS?

The answers to those questions will determine when the defence needs to be submitted.

What happened when you complained to the landowner?
Have you complained to your MP?

If you haven't already, take pics of the site and signage.

Show us the parts of the defence template that you have amended to suit your specific case.

anony-moose

Hi Fruitcake - thanks for replying. 

My defence is due in on Wednesday. I filed the AOS already and got the 28 days on top of the 5. I've followed the guidance from the NEWBIE thread and understand that I need to leave the defence template as is apart from #2 and #3 - is that right? I haven't amended any of it yet as I was unsure whether to admit that I was driving.

I didn't complain to the landowner or an MP as I thought it would just go away - maybe a mistake? Is it likely to go to court or do the companies often give up (in your experience)? 

Really appreciate the help and your patience, thanks.

KeithP

anony-moose said:

Hi Fruitcake - thanks for replying. 

My defence is due in on Wednesday. I filed the AOS already and got the 28 days on top of the 5. I've followed the guidance from the NEWBIE thread and understand that I need to leave the defence template as is apart from #2 and #3 - is that right? I haven't amended any of it yet as I was unsure whether to admit that I was driving.

I didn't complain to the landowner or an MP as I thought it would just go away - maybe a mistake? Is it likely to go to court or do the companies often give up (in your experience)? 

Really appreciate the help and your patience, thanks.

You should be able to answer most of those questions by recalling your encounter with Court back in 2017. Not much has changed since then.

In fact, the last reply - by @Umkomaas - you received on that earlier thread gives you good guidance to take this thread forward. Shame you didn't tell us how that panned out.

Now, back to some of @Fruitcake's questions...
What is the issue date of the claim form?
Upon what date did you do the AOS?

anony-moose

Hi Keith - thanks for replying.

The guidance I got back in 2017 was to look at the NEWBIES thread, which I've done. I couldn't find any templates that catered for my situation, which is very different to what happened in 2017, hence I thought I'd ask.

I've just come for a bit of help - I don't feel like the fine was fair and I'm hardly a repeat offender, nor would I be able to answer those questions based off one previous experience 4 years ago. I thought I would ask on here, given that there are people far more experienced than me. It appears that I have upset you, which I apologise for - like I say, I just wanted a little advice.

The claim 4 years ago was struck off after I provided a defense, but I have no idea if this is common. The template seems to have changed a lot since then.

KeithP

Once more...

What is the issue date of the claim form?
Upon what date did you do the AOS?

I promise I won't ask again.

anony-moose

The issue date was 8th October, I did the AOS on 14th October. I worked this out as meaning the defence needed to be in for 10th November.

KeithP

anony-moose said:

The issue date was 8th October, I did the AOS on 14th October. I worked this out as meaning the defence needed to be in for 10th November.

Yes, you are right with your Defence filing deadline, but there might be something useful here...

With a Claim Issue Date of 8th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 10th November 2021 to file your Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Is this car park actually part of the school or next door?

How do you know it's 10 mins free?

How do you know the timings on their photos are right, given there are 2 cameras (one in, one out) if it was ANPR?  Highly unlikely to be synchronised unless it was a windscreen ticket?

Was it an ANPR PCN by post or or the windscreen and did you appeal it at all?

Sorry to ask but if this isn't part of the school, why are parents taking a risk by using a greedy ex-clamper firm monitored car park, when you can stop free on street (even on a double yellow) for the purpose of boarding/assisting the alighting of a child to or from premises? 

anony-moose

Hi Coupon-mad, thanks for replying - I really appreciate it.

There are two car parks which are part of a park right next to the school. One of them is closer to the school and gives parents 15 mins for free, the other which I used gives 10 mins for free, but is a little bit further away, hence it usually has spaces available during school open/close times, unlike the other car park. I was told the grace periods by the school. There are yellow lines everywhere else around the school apart from one road, but it's a lot further away and again gets really busy. I don't know if the lines are yellow/double yellow, but the school actively discourage people from parking anywhere outside the school anyway (for safety). It's been an issue with the school for some time as the park owners used to permit parents park there without as much scrutiny previously. It's caused a lot of friction between parents, teachers and the land owners.

There is a joint entrance/exit on the car park - so one ANPR camera I think??? Is that possible? I got a postal PCN rather than a windscreen one. I didn't appeal sadly.

Coupon-mad

Yes it is possible to have one camera.

If the school don't want parents to park nearby, they need yellow zig zags, not double yellows which positively allow brief parking to drop off and collect children.  Loads of people think DYL mean no stopping but they don't.

I would mot go anywhere near a private car park to drop kids off or pick up.  Avoid them like the plague and use the local street, but of course nowhere that endangers any children, including your own. 

Anyway, can you get a photo of the entrance sign and a t&cs sign inside so that we can read it?  If it offers ten minutes free parking then you have to be allowed time to drive in and out.

I suspect it doesn't mention the grace period at all but it would be useful to see what it does say.

As for the school telling everyone those grace periods, have you got that in writing and did they describe it as ten minutes grace to park, or total stay?