QDR Solicitors - One Parking Solution, Vantage Point Brighton - CASE WON DISMISSED BY JUDGE

Coupon-mad

Yep there are some in threads.

GherkinInTheGarden

Just an update - preparing the WS and exhibits now - hopefully for review in a few days.  I wish I had a copy of the bundle @95Rollers used for his successful case.  If anyone can suggest a good WS template, I'd appreciate it.  I found one and am adapting it but it doesn't quite fit this situation.

Le_Kirk

There doesn't seem to be a copy of the WS in @95Rollers thread.  They were last active in June 2024, so you could try sending a DM using the envelope symbol top right.

Coupon-mad

Why not search for a Vantage Point witness statement (there are loads but they are a few years old) then slot those site-specific arguments into the newer format seen in recent WS by people like @imulsion or @Harry77 or @Defendant911

GherkinInTheGarden

I've tried @95rollers in a PM with no result.  I am using another WS and adapting it at the moment.  I'll look at the ones suggested by CM - I'm up to 35 pages already - and haven't touched on all the points CM suggested.    If I am making a point, do I always have to back it up with an exhibit?

GherkinInTheGarden

Here is my redacted WS as it stands, hope the link works as not familiar with Dropbox.  You might have to copy and paste?  I threw everything but the kitchen sink at it, not sure if it all makes sense.  Its due on 25 February.

https://www.dropbox.com/scl/fi/eoc7wwuz1xxtnln34u5ho/WS_redacted-Vantage-Point-Brighton.pdf?rlkey=ih99dh6i7c25p4uad042c1l7d&st=hlhyxgv0&dl=0

Coupon-mad

You don't need to exhibit the NTK. They will!

In paras 9 & 12 you talk about disabled persons but you aren't disabled AFAIK, so I'd remove that and not quote that bit from the BPA CoP.  Instead quote Annex A - I think? - about the size & prominence of entrance signs (and are you sure the 2018 CoP is the applicable one)?

typo: 'practise' should be Practice

change 'bills' to 'notes'

change 'waterfront' to 'seafront'

To the end of para 6 your could add 'without accepting any parking contract'.

Can you prove paying to park elsewhere instead? That proof would be great evidence.

Good WS, I think! Nice and bespoke to your case: non-templatey is good.

1505grandad

A pedantic observation:-

"9.The Claimant is a member of the BPA and was so at the time of event."

OPS are NOW IPC AoS members  -  don't know when they slithered across.

GherkinInTheGarden

C-M:  It looks like Version 8 published in January 2020 would have been in effect.  Version 9 was in 2024.  I will refer to that version and make the changes suggested.  Many thanks.  Also thanks to 1505grandad - being pedantic is ok with me!

No proof of parking elsewhere - it was an NCP car park near the seafront - but there was no reason at the time to save the ticket.  It was probably contactless - might be able to search Natwest debit card transactions for that day if it comes to that.

GherkinInTheGarden

Only other thing is having daughter write a short witness statement of her memory of that day.  She was 12 just turning 13 then and is now 16.  She would remember her dad being upset and sitting in the car.  If she is willing to do this AND it is useful, is it added as an Exhibit or a standalone?