Yet another UKPC / DCB Legal LTD - WS Bundle

patient_dream

aphex007 said:

No not a silly question at all, its best to clarify and yes I have the photo file and it is .jpg

OK, so I assume you have Windows 10, if so read this ...

https://www.windowscentral.com/how-edit-picture-metadata-windows-10

This is UKPC who are famous for doctoring pictures.
https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

There would be no reason to change or remove metadata if the Jpg is genuine

aphex007

To clarify for a PCN issued in 2017 and a hearing scheduled for September 2022 which version of the BPA Approved Operator Scheme - Code of Practice would be applicable?

Would it be the Version 6 - October 2015 or the current Version 8 - January 2020?

URL:
https://www.britishparking.co.uk/code-of-practice-and-compliance-monitoring

Fruitcake

It will be whichever version of the CoP was in use at the time of the alleged event.
For an alleged event from 2017, that would be V6.

aphex007

Fruitcake said:

It will be whichever version of the CoP was in use at the time of the alleged event.
For an alleged event from 2017, that would be V6.

Great thanks, that is what I thought, but just didn't want to assume!.  So best to check!

aphex007

The continual use of the word "The Defendant" should only be used in the Defence and not the WS bundle because I am the witness, is that correct?

Unless referring to example case's I was not witness to?

I assume the use of the word "Claimant" is acceptable though?

Coupon-mad

Yes, all correct.

aphex007

Your valuable thoughts on my partial draft are greatly appreciated 

I'm also looking to include The ParkingEye Ltd v Beavis case is distinguished, POFA and CRA breaches, Lack of landowner authority evidence and lack of ADR and obviously Abuse of process - the quantum

 

PARTIAL WS DRAFT BELOW

-----------------------------------------------------------------------------------

IN THE COUNTY COURT

Claim No.: xxxxxxxx

Between

(UK Parking Control Limited) 

(Claimant) 

- and -  

xxxxx xxxxx

 (Defendant)

  

WITNESS STATEMENT OF DEFENDANT

FOR COURT HEARING ON xx/xx/xxxx

 

 

 

 

1.      I am Mr xxxxxx of xxxxxxxxxxx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

 

2.      In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate.  My defence is repeated and I will say as follows:

 

 

Sequence of events

 

3.      I drove to my place of work on the xxth of November 2017 and entered the work car park; on this occasion it was at full capacity which can often occur.  Like many previous occasions for the last three years when this occurs, I would find a suitable and safe alternative location in the car park or the on the unmarked approach road leading into the car park.

 

4.      I am very familiar with this workplace car park because as previously stated, I had been using it for over three years upon the date of receiving the Parking Charge Notice (PCN) from UK Parking control Limited, which was for allegedly in breach of the terms and conditions whilst my vehicle was parked on private land.

 

5.      I did not see any contractual signage on either side of the road that the vehicle was parked on.  After I discovered the PCN on my windscreen I carried out research on foot and confirmed there is no such signage on this road in question. Therefore I did not enter into any contract and was not bound by any contractual terms.

 

6.      I did not see any kerb side double or single yellow lines or such lines of any colour on either side of the kerbs entire stretch of the road that my vehicle was parked upon.   After discovering the PCN on my windscreen I carried out research on foot and confirmed there is no such described kerb side lines on this road.  Thus I was not alerted to any parking restrictions for the road in question.

 

7.      It is my position that this amounts to serial predatory ticketing of employees and visitors of the companies located at this location.  The Claimant is put to strict proof that, at the time of the parking event the signage was evident, correct and clearly visible on this road in question.

 

8.      This approach road I parked on was wide.  Parking at the kerb caused no obstruction nor trespass and this area was in common usage by authorised employees for overflow for many years without penalty, from my recollection.  There was nothing to suggest this informal arrangement had changed as there was no signage or road markings to advise otherwise.

 

9.      I refer to Exhibit xx-01, xx-02 and xx-03 which clearly shows no signage on either side of this approach road I was parked on.  I also further refer to Exhibit xx-04, xx-05 and xx-06 which shows UK Parking Control Limited own provided photos of my car parked on this same road, which again clearly shows no signage on the road or near my car.

 

10.   I refer to the same Exhibit numbers in the above paragraph, which all clearly show no kerb side double or single yellow lines or such lines of any colour on either side of the kerbs entire stretch of the road that my vehicle was parked upon.

 

11.   As there was no visible signage, this is in contravention of the British Parking Association (BPA) Approved Operator Scheme (AoS) version 6 - October 2015 section 18.3, see Exhibit xx-07 (this is the version that is applicable to the date of issue of my PCN) under which the claimant is an active member as per https://www.britishparking.co.uk/BPA-Members.  See Exhibit xx-08

 

12.   Again, I refer to British Parking Association (BPA) Approved Operator Scheme (AoS) - Code of Practice Version 6 - October 2015 section 18.3 (Exhibit xx-07).  This specifically states that signs with specific parking terms must be placed throughout the site, so that drivers are given the chance to read them at the time of parking or leaving the vehicle.  It is clear no such signs exist on the road I parked on, already shown in the six Exhibits referenced in paragraph 9.

 

13.   It is therefore denied that I entered a legally binding contract, as no signs existed in the road I was parked on.  For the last 3 years of parking on the same road and on the date of the xxth of November 2017, at no point did I believe any permission to park was needed.

 

??UNSURE IF THE BELOW ADDS ANYTHING USEFUL STILL CONSIDERING??

14.   I refer to the same approach road again which has still not changed in July 2021.  This can be clearly seen, this time with photos provided by Google Street View in July 2021. Exhibit xx-??, Exhibit xx-??, Exhibit xx-??, Exhibit xx-??, Exhibit xx-?? and Exhibit xx-??.  Once again there is no UKPC signage on either side of the road, in fact there is no signage of any type.

Coupon-mad

"My defence is repeated in parts."

No, don't add 'in parts'.

The above has a meaning, it's a way of confirming that the defence is (sort of) part of the WS.

aphex007

Thanks @Coupon-mad now adjusted.

Any other thoughts yet on the rest? and/or anybody else please?

aphex007

Is it appropriate to add to paragraph #2 the following in bold (not in bold on the submitted one though!):

2.  In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate.  After this paragraph I will refer to UK Parking Control Limited as UKPC.  My defence is repeated and I will say as follows: