Parking at Costa

jrc123

Updated :-)

Please let me know if there is anything i should add :-)

The Defendant entered the road which is located to the right of Costa Coffee and parked their vehicle in question. At the time the PCN was issued the road markings for these spaces had in white painted letters ‘Costa Only’. The Defendant was presented with no indication that he had entered into any contract before parking.

After a matter of weeks after receiving letters from the Claimant the road markings were changed to ‘Costa Staff Only’.

The misleading signage in question has had numerous complaints from customers of Costa Coffee. Costa have had to place outside numerous signs of their own to make sure their customers do not stop there. This is down to extremely poor signage by the Claimant.

Signs are above head height, and over 2 metres to the bottom of the signs to the road. They are not clearly visible to a driver. Especially as the defendant is 160cm in height. Each signed placed on the wall well above head height all contradict each other with different messages. One sign reads ‘Pay by Parking’ with no contact number to pay, and the other sign next to it reads in very small letters ‘Costa Staff Only’.

The defendant has all photographic evidence of before the alleged offense and after the signage was changed.

jrc123

@Le_Kirk is that more suitable now?

Any comments from the forum would be greatly appreciated  :-)

Fruitcake

Every paragraph needs a number.

With regard to the painted letters on the ground, then refer to them as surface markings and signage, then state the relevant part of the BPA CoP that requires signage to be adequate and unambiguous.

It was not an offence so don't call it that.

Don't help the claimant by saying there was a sign that said Costa Staff Only. It is their case to prove the signage was adequate, not yours.

jrc123

Updated....

Is this ok to submit? Looking to doing this first thing in the morning as time is nearly up :-)

3. The Defendant entered the road which is located to the right of Costa Coffee and parked their vehicle in question. At the time the PCN was issued the surface markings for these spaces had in white painted letters ‘Costa Only’. The Defendant was presented with no indication that they had entered into any contract before parking. This goes against BPA CoP 19.1 which states ''You must use signs to make it easy for them to find out what your terms and conditions are.'' The Claimants surface markings were not clear and extremely ambiguous. 

4.After a matter of weeks after receiving letters from the Claimant the surface markings were changed to ‘Costa Staff Only’.

5.The misleading signage in question has had numerous complaints from customers of Costa Coffee. Costa Coffee have had to place outside numerous signage of their own (nothing to do with the Claimant) to make sure their customers do not stop there. This is down to extremely poor signage by the Claimant.

6.Signage are above head height, and over 2 metres to the bottom of the signs to the road. They are not clearly visible to a driver. Especially as the defendant is 160cm in height. In poor lighting the signage is not visible from the car.

7. The defendant has all photographic evidence of before and after the surface markings and signage was changed.

Coupon-mad

Looks very good!

Just renumber the whole template below your #7, sign and date it and email it to the CCBC as explained in the first 12 steps in the Template Defence thread.  Don't forget the 12 steps when the next form/letter arrives, it is ALL covered.

jrc123

thanks @Coupon-mad hope you're well! I shall check out the next stages. Did this with you a few years back....back again :-)

jrc123

Hi All, so today i have received the directions questionnaire.
I am due tomorrow to send this to the court and a version to the claimant.
How should i send this in the post? Tracked?
thanks

Grizebeck

jrc123 said:

Hi All, so today i have received the directions questionnaire.
I am due tomorrow to send this to the court and a version to the claimant.
How should i send this in the post? Tracked?
thanks

Email as per the newbies

KeithP

jrc123 said:

Hi All, so today i have received the directions questionnaire.
I am due tomorrow to send this to the court and a version to the claimant.
How should i send this in the post? Tracked?
thanks

In the two posts immediately preceding this we can see...

Coupon-mad said:

Just renumber the whole template below your #7, sign and date it and email it to the CCBC as explained in the first 12 steps in the Template Defence thread.  Don't forget the 12 steps when the next form/letter arrives, it is ALL covered.

Please re-read the last sentence there.


You then wrote...

jrc123 said:

I shall check out the next stages.

What went wrong with that plan?

jrc123

Sorry i meant the directions questionnaire N180 form it says to send this to the court and the claimant.

.I have already sent off my defence a few weeks ago, and have no received Notice of Proposed Allocation to the Small Claim Track and the N180 form.

Do i email a pdf version to them or send to them both via the post?

thanks