Witness statement - poor signage

soleldn

Hi All,

I am writing a witness statement for a penalty received during a period where my car was parked without valid parking payment (via app) for a period of 20 mins between sessions.
Sequence of events:
- I paid for parking
- The session ended
- I booked a new parking session
- 20 mins after I'd booked the new session the app came up with an error saying my parking booking had not gone through (I have screenshot of an error message to show this but it is a general error, does not specify the circumstances)
- Therefore I had unknowingly left the car parked without payment (for 20 mins)
- I paid for another session (that started 20 mins after the first session ended)
- I received a penalty during this 20 mins between parking sessions

The signage in the area in which my car was parked is very poor and I was only able to pay for parking because the person I was with was resident in the area and knew what the app and location code to use for payment are (as these are written to small on the sign). Can I therefore use the argument that signage was too small to bind me by the terms and conditions of the contract? Or does that fact I had already paid for a parking session directly before the time of the contravention (out of necessity to avoid rogue penalties like this one), negate that?
I have already stated in my defence that I paid for parking that night and then faced an error with the app. The evidence submitted by the Claimant WS also shows that I had paid for a session which had expired when I received the penalty.
Is there also an argument to be made re grace period?
The parking management company is IAS & IPC. Claimant WS shows my car parked and an up-close picture of the sign (but the writing is clearly quite small)

Would really appreciate some advice!!

soleldn

Forgot to note: the Claimant is UK CPM and the solicitor is Gladstones

Thanks!

Coupon-mad

You're at WS stage?  Done yours yet?

We can help but why not try adapting the one I typed yesterday as a WS wording example in the Template Defence sticky thread.

I'd really like to see how people adapt it to suit a non-Airport case (which is the example I used).

For the standard Exhibits, like Excel v Wilkinson, and to see what your whole bundle should look like (cover sheet/index, costs assessment and exhibits all numbers), see the final WS bundle posted late in the thread by @aphex007

soleldn

thanks I am drafting the WS based on recent templates and am aware of what the bundle looks like as I recently fought and won another case.
But I'm really just stuck on this point mentioned in my original post re can I still argue the sign doesn't bind me to a contract if I paid for parking which had expired when I got the ticket (but didn't use the sign to obtain parking payment details as it is written too small - someone else told me the details as they were a regular user of the car park and obtained the details from JustPark directly as signage is unclear)

Any advice on that point in particular would be much appreciated

Coupon-mad

You can argue whatever you like.

The Claimant's app let you down and you only learned of this failure 25 mins later and addressed it, at all times making reasonable endeavours to pay in full for your parking session.

Please do use the newest WS example as it is the only one with the up to date new stuff about the DLUHC's analysis which exposes 'market failure' and that the £70 is (we believe) effectively invented by the DRAs themselves - on the Boards of the IPC and BPA - in order to line the pockets of the bulk litigator and - if we are right -  that must be 'double recovery' of the capped legal rep's fees set by the Small claims track. 

soleldn

I won the case
The case was won on the following:
- My argument that signage was too small and too high up for a driver in their car or on foot to be able to read. Claimant failed to provide clear evidence of where the signage was placed (how high up, where it was located in the site) and their key evidence was artwork.
- Error with the app which meant I unknowingly left the car parked without payment for 20 mins (during which I got the parking ticket) - I provided screenshots in exhibits

£70 awarded in loss of leave + transport costs. The judge considered providing further costs for unreasonable behaviour and argued this may be justified as the claimant was aware of my main defence points through the filed defence and still proceeded with the claim, but he also argued that I could have used the appeals process, which I did not, so he therefore did not award additional costs.

Gladstones and the parking company did not attend the hearing so were not able to defend against my arguments during the hearing.

Huge thank you to all the contributors to this forum, this triumph would not be possible without you! I am extremely grateful.

Coupon-mad

Well done!  Yay!

Bet you are buzzing!  Costs as well.

ANOTHER ONE BITES THE DUST!

A favour please:

And we sincerely hope that you are au fait with the need to respond to the private parking draft Impact Assessment this month?

You want to help us change the law?

To be clear, we are nearly there; it's not a petition or some weak campaign, it's a final push on a law already passed, to cap the £PCN levels and ban the fake DRA fees.

The Government has a Call for Evidence open right now.

We are also wanting photos of unmanaged car parks snd Tesco/Sainsburys £70 signs please.

All discussed here:

https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p6

Have a look at the end pages for inspiration on the evidence pics I can use.  Please add more in August.  Your pics will be seen by the Government who are regulating PPCs and this WILL make a difference.