DCB Legal / UKPC County Court Claim Received

Le_Kirk

In para #11 maybe change "draws reference" to "makes reference to".
In para #12 you use "surpassed" but "passed" would be correct. 

fryster

Coupon-mad said:

In which case you obviously cite the Code of Practice clause about new sites.

Would this be something like:

As the landowner contract was signed on 22 October 2021 the Claimant has shown blatant disregard to the BPA Approved Operator Code of Practice Version 9, Point 19.10 which states:

"Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a motorist entering controlled land that is or has been open for public parking, you must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges."

Also, using google maps gives an image of a previous sign stating 3 hours but this was taken in June 2018. But I suspect that as the car park seems to have been managed by a different company back then that it's likely that up until the new contract was signed the parking limit was probably 3 hours. Is this something I can use and how to word it please.

Coupon-mad

fryster said:

Coupon-mad said:

You could still say that:

A photo of a sign purporting (but not proven) to be conveniently timestamped a month before the parking event suggests they must have been there to replace the signs (because parking firms don't randomly go out and photograph their signs - there has to be a reason).  Further, as this was Christmas Eve 2021, it is likely the free stay time was in fact extended to allow for post-Covid shoppers & queues, as measures relating to social distancing were still very much in place in 2021.  Most professional parking firms relaxed some or all rules at that time and it is usual to be asked by retail parks to do so at Christmas. The Claimant is put to strict proof of the retailers/landowners' specific Christmas shopping instructions for free stay time pertaining to the material dates.  Especially given the signs in fact state 3 hours free stay (evidence will be provided at witness statement stage).

In their witness statement they've included a contract signed on 22 October 2021 in relation to landowner consent. I suspect that they will argue that the signs were installed in November 2021 and that's why they have taken pictures.

Although the contract is signed on 22 October I can see no mention in the documents of the when it comes into force - is it assumed that it commences from this date? Many thanks!

Does their landowner contract state the free stay time?  If not, point out that omission and state that, on the balance of probabilities, it was surely not the intention of the landowners/site agents that the free parking time would be reduced suddenly, this being the first Christmas after the country and high street shops emerged from the pandemic.   

Yes that's the right clause.  Quote it, state that they breached it, and also provide a URL link to the 2020 BPA CoP v8.

Re the 2018 image, you could change this sentence in your WS:

"It should also be noted that the only entrance sign that the Defendant can find over the years, offers 3 hours stay. (See Exhibit 05 and Exhibit 06 - timestamped images from 2018 and from the present day)."

fryster

Coupon-mad said:

fryster said:

Coupon-mad said:

You could still say that:

A photo of a sign purporting (but not proven) to be conveniently timestamped a month before the parking event suggests they must have been there to replace the signs (because parking firms don't randomly go out and photograph their signs - there has to be a reason).  Further, as this was Christmas Eve 2021, it is likely the free stay time was in fact extended to allow for post-Covid shoppers & queues, as measures relating to social distancing were still very much in place in 2021.  Most professional parking firms relaxed some or all rules at that time and it is usual to be asked by retail parks to do so at Christmas. The Claimant is put to strict proof of the retailers/landowners' specific Christmas shopping instructions for free stay time pertaining to the material dates.  Especially given the signs in fact state 3 hours free stay (evidence will be provided at witness statement stage).

In their witness statement they've included a contract signed on 22 October 2021 in relation to landowner consent. I suspect that they will argue that the signs were installed in November 2021 and that's why they have taken pictures.

Although the contract is signed on 22 October I can see no mention in the documents of the when it comes into force - is it assumed that it commences from this date? Many thanks!

Does their landowner contract state the free stay time?  If not, point out that omission and state that, on the balance of probabilities, it was surely not the intention of the landowners/site agents that the free parking time would be reduced suddenly, this being the first Christmas after the country and high street shops emerged from the pandemic.   

Yes that's the right clause.  Quote it, state that they breached it, and also provide a URL link to the 2020 BPA CoP v8.

Re the 2018 image, you could change this sentence in your WS:

"It should also be noted that the only entrance sign that the Defendant can find over the years, offers 3 hours stay. (See Exhibit 05 and Exhibit 06 - timestamped images from 2018 and from the present day)."

Ahh, does state 2 hours maximum in the contract

Coupon-mad

OK so don't draw attention to that bit and instead add in that bit about the BPA CoP.

fryster

Ready to send my witness statement, can I just confirm that I can send it by email, and the email address I use for Aldershot County Court is aldershot.court.enquiries@justice.gov.uk. And just send a copy to info@dcblegal.co.uk

And just to check in regards to the signature, a .png image of my signature inserted into the document with my full name typed underneath is acceptable?

Cheers to all involved, here's hoping a late discontinuation occurs.

Coupon-mad

Yes and yes.

fryster

Emailed witness statement to UKPC and the court on 5th March. Next day received a letter from the court stating hearing moved to Winchester (from Aldershot) due to loss of Judiciary. Is this coincidence and simply means no ones able to hear the case at Aldershot or is there more to it? 

Many thanks

fryster

Good Morning everyone. I'm in court this afternoon, nervous as it's new to me but will go in with confidence and hope the judge sees these crooks for what they are.

Le_Kirk

fryster said:

Good Morning everyone. I'm in court this afternoon, nervous as it's new to me but will go in with confidence and hope the judge sees these crooks for what they are.

Good Luck!  Hope it goes/went well.