Highview parking County Court Claim SAR and Defense advice - reduced timeframe due to postal error!

patient_dream

Sebi_895 said:

Well spotted but I don't really care anymore as I received a discontinuance this morning. So keep up the pressure and carry on playing the game!

Another one from the discontinue company

Please add this here .... giving your thread link

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

YOU WILL BE NUMBER 64

KellfromHell

Good evening @Umkomaas, @Coupon-mad, @Sebi_895, @KeithP, @1505grandad, @Fruitcake and @Le_Kirk (welcome to the thread @patient_dream)

Thank you all so much for your help so far!

I have made a first draft at my witness statement and it bares similarities to @Sebi_895's. If you have time, I would greatly appreciate any comments/challenges/recommendations from the vast knowledge you possess.

I particularly would like your opinions on if there are any additional cases to call upon and the signage section (paras18 through 30) with a focus on;

1. is the entrance sign argument too weak here?
2. Is the evidence sufficient? 

if they are weak/insufficient, are there any other angles worth pointing out?

https://www.dropbox.com/s/lid9x6jk5zmx6pf/Witness%20Statement%20REDACTED.pdf?dl=0 

Sebi_895

patient_dream said:

Sebi_895 said:

Well spotted but I don't really care anymore as I received a discontinuance this morning. So keep up the pressure and carry on playing the game!

Another one from the discontinue company

Please add this here .... giving your thread link

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

YOU WILL BE NUMBER 64

Already added but I think I may have come in as No.63

Sebi_895

@KellfromHell quick skim read and it looks good. Just want to get more into it. Need to mention though you have left your name on page 18. I didn't understand the total amount claimed, maybe I've missed something; again need to read more.

Sebi_895

The signage argument is more of an extra to have in the bank so to speak, you want to go in with the PoFA angle which you have and on top of that the argument of them trying to claim against the registered keeper rather than the driver, again which you have with the name of other drivers in the insurance doc. The case is for them to prove who was the driver.

At para 15, point iii add 'Unlike, for example, before 'a Notice of Intended Prosecution....' to make it exactly as per the POPLA doc.

Coupon-mad

I didn't see the claim number right at the top, so add that, to make sure the court staff don't misfile it.

That WS looks a very good Highview example.

Change the bit in 18 where you say 'signage that I, the keeper, agreed to' to 'signage that the driver(s) on each of the 4 occasions purportedly agreed to'.

If you have 4 PCNs then IMHO there is all the more likelihood that the court CAN'T reasonably find, on the balance of probabilities, that the driver (out of several possibles) was you, all four times (or at all).

Quite possibly, it was 4 different drivers, given I assume that this was a local shopping retail park where others in your family shop, possibly more commonly than you ever did that year?  Say so, if true.

No driver evidence. No POFA. No case.

1505grandad

There are several typos re:-

"Code of Practi(s)e"  -  should be (c).

Para 19  -  (typo)  -  "I attempted to visit the site on my own (frere) time"

Para 51  -  " I did not agree to it."  -  surely it was the driver that did not agree to it (as motorist)?.

Para 55  -  is (this) correct?  -  "...nor incurred any additional costs that the (£100) parking charge is not designed to more than cover."

KellfromHell

Sebi_895 said:

@KellfromHell quick skim read and it looks good. Just want to get more into it. Need to mention though you have left your name on page 18. I didn't understand the total amount claimed, maybe I've missed something; again need to read more.

great catch, I have re-uploaded and sorted the name.

Thank you all for your inputs so far, I will get to the other changes after work  

The updated link is: https://www.dropbox.com/s/plxet6t4pmb3404/Witness%20Statement%20REDACTED.pdf?dl=0

KellfromHell

Sebi_895 said:

The signage argument is more of an extra to have in the bank so to speak, you want to go in with the PoFA angle which you have and on top of that the argument of them trying to claim against the registered keeper rather than the driver, again which you have with the name of other drivers in the insurance doc. The case is for them to prove who was the driver.

At para 15, point iii add 'Unlike, for example, before 'a Notice of Intended Prosecution....' to make it exactly as per the POPLA doc.

Coupon-mad said:

I didn't see the claim number right at the top, so add that, to make sure the court staff don't misfile it.

That WS looks a very good Highview example.

Change the bit in 18 where you say 'signage that I, the keeper, agreed to' to 'signage that the driver(s) on each of the 4 occasions purportedly agreed to'.

If you have 4 PCNs then IMHO there is all the more likelihood that the court CAN'T reasonably find, on the balance of probabilities, that the driver (out of several possibles) was you, all four times (or at all).

Quite possibly, it was 4 different drivers, given I assume that this was a local shopping retail park where others in your family shop, possibly more commonly than you ever did that year?  Say so, if true.

No driver evidence. No POFA. No case.

1505grandad said:

There are several typos re:-

"Code of Practi(s)e"  -  should be (c).

Para 19  -  (typo)  -  "I attempted to visit the site on my own (frere) time"

Para 51  -  " I did not agree to it."  -  surely it was the driver that did not agree to it (as motorist)?.

Para 55  -  is (this) correct?  -  "...nor incurred any additional costs that the (£100) parking charge is not designed to more than cover."

Thank you guys so much for these, I have updated all these changes and the new link is below. If you guys have any additional comments to add then that is massively appreciated!

https://www.dropbox.com/s/gxrr8xtwifxkvyu/Witness%20Statement%20REDACTED.pdf?dl=0

KellfromHell

Coupon-mad said:

I didn't see the claim number right at the top, so add that, to make sure the court staff don't misfile it.

That WS looks a very good Highview example.

Change the bit in 18 where you say 'signage that I, the keeper, agreed to' to 'signage that the driver(s) on each of the 4 occasions purportedly agreed to'.

If you have 4 PCNs then IMHO there is all the more likelihood that the court CAN'T reasonably find, on the balance of probabilities, that the driver (out of several possibles) was you, all four times (or at all).

Quite possibly, it was 4 different drivers, given I assume that this was a local shopping retail park where others in your family shop, possibly more commonly than you ever did that year?  Say so, if true.

No driver evidence. No POFA. No case.

on the local part, it's not exactly right. People used my car all the time including, but not limited, to the driver's when they visited me and this was a common shopping centre - should I add this?