Updated 08/03 - I won my case!

RoseNarene

Coupon-mad said:

https://forums.moneysavingexpert.com/discussion/6340374/dcbl-county-court-claim-on-behalf-of-highview-parking-pcn-2016/p4

Just like your case in many ways and that WS saw off the claim last week!

Oh wow, that one IS exactly like mine - and it's Highview!! Can I just take that pretty much word for word?!

RoseNarene

Okay, hopefully I am done now...
https://www.dropbox.com/s/02xxfij9apnk2df/Parking Witness - Copy.docx?dl=0

Coupon-mad

I'd remove para 11 as it adds nothing useful for your case and in fact I wouldn't even try to guess why a driver may have overstayed (except perhaps to suggest these could have been two trips on the same day, given it's local and convenient).

I would copy the style of the one I linked for you where she had POFA non-compliance as para 4 (straight to the point) and Excel v Smith and Excel v Lamoureux as exhibits.

RoseNarene

Coupon-mad said:

I'd remove para 11 as it adds nothing useful for your case and in fact I wouldn't even try to guess why a driver may have overstayed (except perhaps to suggest these could have been two trips on the same day, given it's local and convenient).

I would copy the style of the one I linked for you where she had POFA non-compliance as para 4 (straight to the point) and Excel v Smith and Excel v Lamoureux as exhibits.

Okay, should I take out everything about congestion, and my kids etc?

Fruitcake

Leave in everything about congestion and the articles etcetera from your first draft to show that this site has a built in bottleneck that causes overstays and the claimant has to take that into consideration when issuing PCNs.
Every site where a PPC operates has grace periods. The BPA stipulates a minimum, but since this site has a known problem then Highview should increase the grace period accordingly. If the site had foot patrols instead of ANPR then these significant delays would be noticed and should be recorded each time they happen. 

It is obvious that ANPR is unsuitable for this site and a responsible operator would recognise this and either change to foot patrols or increase the grace periods when there are delays at the exit. The PPC must be aware of these problems because of the number of complaints and number of PCNs issued for overstays.
The BPA should have investigated this as well, and instructed the PPC to change the way it operates.

1505grandad

An observation:-

Para 12  -  surely overstay it is out of "the drivers" control..?

RoseNarene

Okay, here it is again. I think I have until 4pm, right?
I understand if you guys are busy so I will go ahead and submit by then if no one can check over this draft.
https://www.dropbox.com/s/t6zo06ehu9lzbc3/Parking Witness - Copy.docx?dl=0

(Edit: Just noticed page number errors. Ignore them as I've fixed them.)

Coupon-mad

That's good.  Too much of the POPLA Annual Report there though.  You only needed the page on Keeper liability!

I am a little concerned that this bundle will be too much for the court to print and they might reject it so give them a call tomorrow and ask if they need a hard copy too, in a file that you could hand deliver.  

Did you email a copy of the bundle to the Claimant's solicitor too?  

RoseNarene

Yeah I did. I could always email them another one anyway, just in case it is too big. 

RoseNarene

I emailed them with a new version that just keeps in the keeper liability bit. 
Yes, I emailed the solicitor too - yesterday and today!