Excel Parking Charge

Coupon-mad

Yes. Include the SAR breach in passing.

Luc1fer

Well, despite my best efforts I ran out of time the past few days.

Please find witness statement draft v1, please critique to your heart's content!

WS Draft - redacted.pdf

Thanks again for your continued efforts.

Le_Kirk

If that is a witness statement, it should be written in the first person therefore "I" not "the defendant" and you talk about "the facts in this defence!"

Luc1fer

Le_Kirk said:

If that is a witness statement, it should be written in the first person therefore "I" not "the defendant" and you talk about "the facts in this defence!"

You're quite right - I'll get that changed.

Otherwise, any feedback re the contents?

Cheers

Coupon-mad

"Alighted the car park" makes no sense.  You mean "got out of the car"?

Twice you talk about not knowing it's private land.  It's kind of irrelevant.  "Private land" isn't some special phrase.

ALL land not under Council/Airport or Railway/Tramway 'statutory control' is private land. Everywhere you go off-street is private land. It doesn't need a sign saying "this is private land" any more than you'd need to put a sign up in your own garden or driveway.

1505grandad

Check any c & p? statements are relevant  -  for instance para 12 states date & time in para 4  -  nothing appropriate in that para 4.

Luc1fer

Coupon-mad said:

"Alighted the car park" makes no sense.  You mean "got out of the car"?

Twice you talk about not knowing it's private land.  It's kind of irrelevant.  "Private land" isn't some special phrase.

ALL land not under Council/Airport or Railway/Tramway 'statutory control' is private land. Everywhere you go off-street is private land. It doesn't need a sign saying "this is private land" any more than you'd need to put a sign up in your own garden or driveway.

Thanks
We've sorted the first bit.

Re the private land part, we're arguing that the signage is not believed to have been IPC code of practice compliant - I'll get the OP to edit it to better reflect that as reading, it does suggest that the OP isn't aware it's private land, I'll suggest we focus more on the signage being inadequate/against CoP

Unless are you suggesting remove this point entirely?

Cheers.

Coupon-mad

Unclear signage is REALLY key to most defences and most cases are won or lost on the signage.

Just drop the sentences that say "I didn't know it was private land" because it clearly was and isn't the point.

Luc1fer

We've made the relevant changes suggested and I've also added a section around the failure to comply with Schedule 4 of POFA (PCN arrived late)

Any feedback welcome:
WS Draft 2-redacted.pdf

(I've already rectified the title being below on exhibit TB16/b)

Many thanks

Coupon-mad

Is that an old version perhaps?

It still says "no signage indicated it was private land" which I've pointed out isn't something to say.  Drivers should know that all non-statutory owned land is clearly private land and (the term means nothing special so don't use the term at all).

And same comments as were made here:

https://forums.moneysavingexpert.com/discussion/comment/80965423#Comment_80965423?utm_source=community-search&utm_medium=organic-search&utm_term=old+version+chan

There are TWO persuasive appeal cases...