ParkingEye Witness Statement help/review.

mickey_blu

Amended and sent. Thanks for all your help! I will update you in August on here once a judgment has been made. 

Coupon-mad

mickey_blu said:

Amended and sent. Thanks for all your help! I will update you in August on here once a judgment has been made. 

Please do - because we learn from outcomes (good luck!) and we also need everyone back here to do the DLUHC's Public Consultation within weeks.

Please stick around and join all of us in getting your driving family & friends (as well as your good self) to submit a response to the Public Consultation.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read only the latest (2022) posts there. The PPCs have blocked the new Code by filing for Judicial Reviews.

Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.  It's all on hold...

Motorists urgently need the statutory Code reinstated and the ban on false 'DRA fees' confirmed, to stop the rot and the toxic 'bulk litigation' culture.

This will be your chance to make a difference, plus other drivers you know (family, friends) and even passengers who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their useless debt 'recovery' bullies have on people.

Coming very soon....and it will be all over the forum for several weeks.  Don't miss it.  Your only chance to change the law.

mickey_blu

@Coupon-mad Hey again!

The case is taking place tomorrow morning. This morning I received an email from parkingeye which read:

'The Defendants witness statement has been brought to our attention, however, as they filed I with our Privacy team, there was a delay in us being able to respond. Due to the Defendant submitting a complete new set of submissions than included in their defence, we find it imperative that a response from the Claimant is required. Please find attached the Claimants second witness statement in response to the Defendants witness statement.'

They've changed a number of entries their new statement. How should I approach this when the hearing takes place? They've adjusted it 24 hours before the hearing and acknowledged their error in their adjusted statement claiming that this was a typographical error. 

Coupon-mad

Why did you send it to the DPO?

mickey_blu

@Coupon-mad That's the only email address I had and was corresponding with them. They sent me the SAR through that email. Surely they could've just forwarded internally and it's not my issue if they don't respond to their emails? When parking firms have several different emails it isn't always clear on which one to send witness statements to. 

Coupon-mad

I get it and you can say that in court.

But the NEWBIES thread provides the right email for PE's litigation team.  It was here all along.

DPO addresses are only for data concerns/SAR.

mickey_blu

@Coupon-mad

Hello. As promised I've come back to update on the outcome of the case which concluded today.

In surmmary the Claimant (ParkingEye) was awarded quantum. The claimants solicitor requested for a further £150 for an attendance fee which he thankfully denied. The cheek of it...

A few notes on my experience today. It was a stark contrast to a previous case I successfully fought and won and (although a different set of circumstances in the case itself) a different judge in a previous case was I felt very fair and allowed both sides to put their arguments across clearly... The judge today was, well... different in every way possible.

When invited into the hearing room, the judge stated to me "Mr XXXXXX, you do not appear to have submitted your witness statement" to which I responded, "Sir, my witness statement was sent to the court on the"... before completing the sentence he cut me off with a "only respond to me when I am asking you a question". Unfortunately this was pretty much set the tone from start to finish as throughout the proceedings he repeatedly allowed the claimant (young girl on behalf of the actual claimant) to speak freely where as I had to wait. He went on to say "we will take a short recess to find the email sent from Mr XXXXX, if it exists" after I had actually showed him an email on my phone proving it existed.

He allowed in the second witness statement from the Claimant (which was submitted yesterday morning ) on the premise that my witness statement was "submitted a 27 days before, not 28 days" and it was unsigned.

He repeatedly told me that he had read and understood fully the paragraphs outlined in my witness statement, but then (during the submissions stage) asked "why on page 11 is there photographic evidence of the car park in question that was taken 5 days before you claim to have received the claim form"? I asked for clarification on what he meant because the image was taken in 2023, not 2022, to which the Claimant responded "Sir the images were from 2023". Allowing them to speak again whilst addressing me he responded with "Thankyou, that would've been a simple answer". 

Because he allowed the Claimants new witness statement, I felt like I was fighting a losing battle as most of of my key arguments centered around the typographical error raising doubts about the accuracy and reliability of the claimants evidence in their first witness statement. Furthermore, allowing their second witness statement prejudiced my first statement and my defence was no longer applicable and needed to be substantially revised. 

I would love to hear thoughts on this and am wondering if anyone has had a similar experience. I acknowledge that my witness statement was unsigned and sent 27 days before not 28, but allowing the second witness statement in practically screwed me.

Coupon-mad

That's awful.

Which Judge & which Court?

@bargepole knows how to complain about a very rude Judge, if you think he really went that far as to be unreasonable?

Sounds like he may have allowed them to change tack and argue things that were not pleaded in the POC in 2022?

As the case is over and so we can see what they pleaded and how much they claimed, could you provide a redacted copy of the Claim form please (with all your data, claim number, numberplate and password covered up of course)?  

mickey_blu

@Coupon-mad Hey and thanks for getting back.

District Judge Graham, Crewe County Court.

Redacted claim form link: https://drive.google.com/file/d/1jn2vD-QNKj44O1j2VZfhPMBCEr2X82UA/view?usp=sharing

They were awarded judgment for £212. I didn't get a breakdown of costs as I wanted to get out of there and just wait for the judgment form to come through my post. 

Coupon-mad

Thanks for the useful claim form.  £185 plus £27 for the hearing fee is how it adds up.

Do you still feel the Judge was rude and unfair? Unacceptably so - in the extreme? 

https://www.lawgazette.co.uk/news/rude-judge-dont-just-shrug-your-shoulders-says-lcj/5114397.article

https://www.lawgazette.co.uk/news/ddj-acted-in-rude-and-aggressive-manner/5116782.article?utm_source=gazette_newsletter&utm_medium=email&utm_campaign=Court+lifts+solicitor's+anonymity+|+PO+lawyer+wanted+postmistress+to+‘keep+mouth+shut%27+%7c+A+Greek+sabbatical_07%2f27%2f2023

"Following an investigation, DDJ Tear was found to have acted ‘in a rude and aggressive manner during both hearings’."

@bargepole can tell you how to complain