URGENT: Court letter Parallel Parking- please help!

star1800

Coupon-mad said:

The Usher can't reject you as a lay rep, and it's not a request. It's your nan's right to have a lay representative speak for her (make it clear to the Usher you are NOT a 'McKenzie Friend' and will be speaking for nan).

Give the Usher the usual printout of the Lay Reps RoA Regs that we tell every lay rep to take along.  As discussed in hundreds of threads.

Why not ring the court 48 hours before and ask that the cases be listed back to back with the same Judge, so they can't overlap.  Explain why.  This would be an unusual request so be very clear and polite.

Just reading the court letter informing of the date, the time states 10am for both my case and my grans case. but then it does say its been approved to be listed in back to back small claims list. So can i ring the court today or anyway I can 100% make sure that our cases are not at the same time? Or will speaking to the usher on the day be sufficient?

star1800

also my Gran has received the witness statement from the  claimant today and its around 4-5 pages long. Also in the email the lawyers have stated that the client will not be present and they have informed the court. Does that mean the lawyers will be present only or none of them will be present?

Coupon-mad

Just a rep, like you see in every other claim thread you've read (we hope). Usual stuff.

star1800

Hi, i am in the process of writing my witness statement, can anyone please direct me to a WS template? Not sure which I should use to adapt to my statement. 

thanks

Coupon-mad

Do you mean, apart from all the info already in the NEWBIES thread second post about WS bundles and what to use as exhibits?

The only thing that is different in 2022 from the huge resource already in the NEWBIES thread, is the example WS there (by Robert Cox) is now outdated and instead look at any newer ones from this year.

Such as the whole bundle posted by @aphex007

Grizebeck

Leicester isnt far from me at all
If you want a lay rep for your case (s) and willing to buy me coffee and cake 🤣ill lay rep for both cases (if possible)

But it depends on the court date and what my diary is saying

star1800

1. I am xxxxxxx 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.

 

Sequence of events

2. I drove into the car Mansfield car park on Saturday 26/06/2021 at 15:08 as shown in the photo provided by the claimants witness statement.

3. I then found parking and walked towards the pay and display machine to purchase my ticket. Unfortunately, a keying error occurred when entering my car registration number and I entered a wrong digit. However I did pay for the ticket which was £5 for 2 hours.

4. This keying error that occurred was due to not wearing my reading glasses, so I could not see the digits very clear on the machine.

5. Another reason why the keying error occurred is that it was my first day out since the covid pandemic as I had to shield. This made me very anxious in pressing the buttons on the machine as it did not take measures to reduce the covid transmission such as providing option of buying a ticket through online app or that the buttons had been cleaned regularly.

6. The sign (exhibit 1) states in large writing that display ticket inside windscreen so I did not have the option to buy the ticket online or through an app.

7. I realised I made a keying error and so I tried to ring the customer service number that is provided on the sign (exhibit 1) but unfortunately this number diverted my call to AA roadside assistance. There was no instructions provided or any guidance as to what I should have done in my situation.

8. I then made sure that I returned to my car before my parking ticket expired and exited the car park so I do not overstay my parking ticket.

9. I emailed the claimant asking for partially redacted data of the car park pay and display machine for the date 26/06/2021, which is the date I parked to show that I did purchase a ticket but due to  a keying error, 1 digit was incorrect. The claimant issued nine pages of VRM (exhibit 2-10) with every single digit redacted as claimant stated it would be data breach if unredacted.

10. I replied asking for either half of the VRM to be redacted as this would not be in breach of confidentially, but the claimant rejected my request to send partially redacted VRM. I have attached this email conversation in exhibit 11.

11. This proves my point that I did with all honesty purchase a parking ticket but due to the keying error, the claimant is falsely accusing me of not purchasing a ticket. If the data is unredacted, it will clearly show my car number plate (with 1 digit incorrect) and that I also left within the time specified on the ticket.

Hey guys this is the draft copy of Witness statement i have come up with. Do I need to add anything else? I havnt added the beavis case or any other as I dont think its relevant to my case. Please let me know if there is anything else I should add. thanks

Umkomaas

Grizebeck said:

Leicester isnt far from me at all
If you want a lay rep for your case (s) and willing to buy me coffee and cake 🤣ill lay rep for both cases (if possible)

But it depends on the court date and what my diary is saying

I seem to have missed the 'Thank you very much, yes please'!

Maybe your coffee and cake day rate is too much! 😄

Coupon-mad

I think remove para 5 from that WS.  

I am concerned that this short draft has nothing else, and you've missed all the usual advice, including the typical Exhibits in the NEWBIES thread.  It isn't based on the WS bundle by @aphex007 which is what we advise.

Also you haven't cited the Claimant's Trade Body's rules or guidance about keying errors, nor quoted from the new incoming statutory DLUHC Code  of Practice which says ALL keying error cases will have to be cancelled on appeal in future, because it is an unfair term; an unbalanced burden on consumers when the available technology certainly allows the system to recognise VRMs and search for and attribute 'near-miss' keying entries.

You should also make more of the fact you phoned them up, so they KNEW from the outset, that payment was yours.  Absolutely zero legitimate interest in getting DVLA data and punishing you to the tune of £100.

star1800

Grizebeck said:

Leicester isnt far from me at all
If you want a lay rep for your case (s) and willing to buy me coffee and cake 🤣ill lay rep for both cases (if possible)

But it depends on the court date and what my diary is saying

Really appreciate for the offer but Il fight my own battle as then Il be satsified knowing Iv tried my best regardless of outcome.

Thank you again