SMALL CLAIMS COURT - Witness Statement and Dispute Resolution Hearing advice

anony-moose

I will try and find out what the school said exactly; they put it in a newsletter. I suspect it said total stay...?

I know the sign doesn't mention the 10 minutes at all. I have parked there several times for less than 10 mins before and not had an issue.

I will get a photo of the entrance sign and T&Cs. 

The school has the zig zag lines immediately outside the school. This is the area:

https://goo.gl/maps/4dWce32nxb66xh3n7

I parked at Town Brow, rather than the car park on Back Lane. The car parks are part of Cuerden Valley Park.

Coupon-mad

I am glad to see the school has proper zigzags for safety of the children and I can see how busy the area is.

Look at the TripAdvisor bad reviews caused by the park thinking they can 'fine' people £100:

https://www.tripadvisor.co.uk/ShowUserReviews-g187062-d4012360-r710800704-Cuerden_Valley_Park-Preston_Lancashire_England.html

The phone number of the landowner's Manager is there for any complaints.

I'd pay and display if you have to park there and there's no room along the lane where all the early parents park.

anony-moose

Coupon-mad said:

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.

Managed to get hold of some photos of the entrance sign and T&Cs. Is there anything I can use to form a defence from this? I noticed the sign says Bransby Wilson on them rather than Minster Baywatch...



Any help greatly appreciated. Thanks.

Coupon-mad

Very good, and as expected.  Search the forum for BRANSBY as this has been discussed before and suitable wording has been written.

anony-moose

Hi, this has progressed to a Dispute Resolutions Hearing. Is anyone able to give me any advice (outside of the guides etc)?

Coupon-mad

Read about others by searching the forum for that phrase and changing to 'newest', 'discussions', search this forum board only and untick 'polls'.

It is important you read all the stuff said in 2021 about these useless waste of time mini-trials.

anony-moose

Coupon-mad said:

Read about others by searching the forum for that phrase and changing to 'newest', 'discussions', search this forum board only and untick 'polls'.

It is important you read all the stuff said in 2021 about these useless waste of time mini-trials.

Great - thank you! I'm in the middle of putting a witness statement together. Should I just include photographs etc in the same document?

Really appreciate the reply.

Coupon-mad

Yes, same document but at the end, as numbered exhibits.  Like you see done by @jrhys and @Nosy in their 2021 example WS bundles.

anony-moose

I have started putting a comprehensive witness statement together already, but just wanted to check that I'm not barking up the wrong tree. I am basically looking at the following points to defend my case:

1. Not sure who the driver was as I share a car with my family
2. Told by the school that there was a 15 min limit on parking, not 10 min.
3. I got my first letter 6 weeks after the incident and it was threatening/harassing in tone, trying to pressure me into payment and with unexplained charges.
4. The Defendant feels that they cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012

I have photos of the signs used and wondering whether to go down the route of them not being clear etc. Some of the names also say Branby Wilson rather than Minster Baywatch, which I think I could refer to?

Which of these angles should I pursue given that I appear to have gone over the allotted time and never got a ticket? Should I focus on all of them? Should I be focussing on something else?

Thanks in advance for any help - it's much appreciated.

Le_Kirk

Your witness statement (WS) should back up and support your defence as already filed; you cannot introduce new defence arguments in a WS.  If you introduced all those points in your defence then you just expand upon them and provide evidence such as a letter from the school re the waiting time, your PCN so you can show it is not POFA compliant etc.