can I use this as part of my witness statement?

blackmasked

Hi there
I'll try to make it as brief as possible.

Got a PCN for entering free parking that can only be used by permit holders.
In case of non-residents permit has to be obtained from the shops.
At the time I got the PCN I went into the store, asked for a permit, was told there aren't any left after which I returned to the vehicle and left the site.
I was there for less than 10 minutes.

Fast forward to now and my case will be going to court in March 2024.
I submitted my defence, but in the meantime I came across additional info that I hope can be helpful.

1. Despite the fact that rules clearly state that permits are required, you must park in bays only and cause no obstruction, i.e park on the kerb, local residents brake said rules all the time.

2. I have video evidence of parking attendant taking pictures of a delivery driver within seconds of him parking the car and walking away. That's a clear violation of the grace period as said driver had no chance of obtaining required permit prior to enforcement taking place.

Can I use this as part of my witness statement? I'm speculating here, but I could have been treated same way as the delivery driver, on top of that there seems to be one rule for the residents, another one for everyone else.

Le_Kirk

1.  Just because someone else breaks he rules, doesn't make it OK for you to and is not a defence.
2.  Will the delivery driver agree to appear as a witness for you?  Without that, it is just hearsay even though you have video.

blackmasked

I think you misunderstood. The issue here is that some are allowed to break the rules while others are being unfairly punished. I never said I wanted to break them and be able to get away with it. ;]

fisherjim

blackmasked said:

I think you misunderstood. The issue here is that some are allowed to break the rules while others are being unfairly punished. I never said I wanted to break them and be able to get away with it. ;]

Forget it you are entering into a contract you are not being punished, it's up to you to pick holes in the contract etc not what happens to others who you have no knowledge of.

KeithP

blackmasked said:

I think you misunderstood. The issue here is that some are allowed to break the rules while others are being unfairly punished. I never said I wanted to break them and be able to get away with it. ;]

A bit like random police speed checks eh?

Lots of people get away with speeding, but when a camera van shows up, lots get booked.
Can those people whine about all the drivers that got away with it yesterday?

Coupon-mad

blackmasked said:

Hi there
I'll try to make it as brief as possible.

Got a PCN for entering free parking that can only be used by permit holders.
In case of non-residents permit has to be obtained from the shops.
At the time I got the PCN I went into the store, asked for a permit, was told there aren't any left after which I returned to the vehicle and left the site.
I was there for less than 10 minutes.

Fast forward to now and my case will be going to court in March 2024.
I submitted my defence, but in the meantime I came across additional info that I hope can be helpful.

1. Despite the fact that rules clearly state that permits are required, you must park in bays only and cause no obstruction, i.e park on the kerb, local residents brake said rules all the time.

2. I have video evidence of parking attendant taking pictures of a delivery driver within seconds of him parking the car and walking away. That's a clear violation of the grace period as said driver had no chance of obtaining required permit prior to enforcement taking place.

Can I use this as part of my witness statement? I'm speculating here, but I could have been treated same way as the delivery driver, on top of that there seems to be one rule for the residents, another one for everyone else.

Nope.  

See the latest WS example by @vincentvega27

blackmasked

KeithP said:

blackmasked said:

I think you misunderstood. The issue here is that some are allowed to break the rules while others are being unfairly punished. I never said I wanted to break them and be able to get away with it. ;]

A bit like random police speed checks eh?

Lots of people get away with speeding, but when a camera van shows up, lots get booked.
Can those people whine about all the drivers that got away with it yesterday?

The only reason why they get away with it is because parking attendant lives on site and I guess he wouldn't want to upset his neighbours.

How do you fight them then if:

- ANPR is not being used on this particular site

- start of of enforcement is up to parking attendant's discretion and grace periods go out the window

At this point I'm considering taking a week off and spending it in this car park, recording as much wrongdoing as I can and passing it to local papers.