Park Watch (Deepdale Preston) County Court Defence Review - "Not Wholly within Bay"

Marshac85

Thanks @foden11 if you read the original post, this claim goes back to 2018 and I have no idea what signage was present at the time. 

Coupon-mad

Marshac85 said:

Thanks @foden11 if you read the original post, this claim goes back to 2018 and I have no idea what signage was present at the time. 

To stop you beating yourself up, never underestimate the ability of a PPC to muck up a small claim bundle!  It's still winnable.

All it takes is hopeless evidence of signs at the material time, or lack of landowner authority.

KeithP

Marshac85 said:

Thanks @foden11 if you read the original post, this claim goes back to 2018 and I have no idea what signage was present at the time. 

Well here's one of the signs that was on the side wall of Toys R Us in October 2018...

[click on the image - it's a link to GSV]

foden11

And just for a laugh, here's the wife's parking. You have admitted your wifes bad parking as your photo shows car park is empty why did she not drive into empty bay in front.
I have read the whole thread and signage has always been good there since site opened, with various scammers there.  

foden11

As coupan mad said just hope they screw up some where.

Not_A_Hope

Well I would be arguing the sign shown on Google Streetview was unreadable and the driver therefore did not agree to the Terms and Conditions nor any requirement relating to marked bays.

Coupon-mad

Not_A_Hope said:

Well I would be arguing the sign shown on Google Streetview was unreadable and the driver therefore did not agree to the Terms and Conditions nor any requirement relating to marked bays.

Yes - and that's what the defence should have said at para 3 - but luckily the later sections in the template defence DO say that.

Marshac85

Thanks again - one can only hope now. 

...and yes @foden11 - I couldn't agree more.... Let's be honest, I have a nerve even arguing this case when you look at the photo of the wife's parking!! Needless to say, she hasn't "abandoned" any vehicles like this ever again!!

Marshac85

At risk of sounding even thicker here, but I'll ask it anyway... can the WS include additional arguments which were not in the original defence? Like the "ambiguity" point raised by @GDB2222 that the signage doesn't actually say "park within a single parking bay"?

And lastly, (for some unknown reason after reading my defence...!), the wife wants me in the hearing...is that possible?!

KeithP

Marshac85 said:

At risk of sounding even thicker here, but I'll ask it anyway... can the WS include additional arguments which were not in the original defence? Like the "ambiguity" point raised by @GDB2222 that the signage doesn't actually say "park within a single parking bay"?

The Consumer Rights Act can be cited in a Witness Statement without having been mentioned in a Defence. Section 69 of that Act is what you want.

Marshac85 said:

And lastly, (for some unknown reason after reading my defence...!), the wife wants me in the hearing...is that possible?!

Yes, anyone can attend a court hearing.
If you are asking 'can I speak on my wife's behalf' the answer is almost certainly yes.
Read The Lay Representatives (Rights of Audience) Order 1999.
But whatever is decided, the named Defendant must attend any hearing.