My first court defence

JoeN1988

Coupon-mad said:

Forget the SAR. They'll have to produce the PDT logs with their WS anyway.

Received the Claimants WS. There is nothing mentioned of the PDT logs.

Should my WS include a copy of my SAR request to prove that I asked for them?

Coupon-mad

But your case is all about a PDT machine:

As I see it the case will win or lose bad on the P&D machine which was not working on the day. 

How on earth have they proved in this WS then, that you didn't pay and/or that the payment methods were working?!  How can they win?

JoeN1988

Thanks CM. Sorry for the banal questions. They are arguing that there were other means of online payment which i didn't see at the time. They have since updated their signage.

I should have my WS ready for review writing the next couple of days. 

Coupon-mad

But they haven't attached evidence that even this online option was functioning that day!  Put this as your main early facts point.

JoeN1988

Okay, here is my draft WS. I'm sure its far from perfect but I'd greatly appreciate your input.

https://www.dropbox.com/scl/fi/ikspmwpvlhchz6ulto7am/Witness-Statement-JN.docx?rlkey=v50f9xni2mn27lqdq8t0d4dqt&dl=0

Coupon-mad

Have they shown in evidence a copy of the White List from that day? Why isn't your car on it? 

JoeN1988

Coupon-mad said:

Have they shown in evidence a copy of the White List from that day? Why isn't your car on it? 

Nothing in their WS about a White List.

As for why, i can only assume incompetence/disinterest from the Wetherspoons staff.

Their WS does mention that Wetherspoons are a third party in this dispute (not being the land owner) so any error with the White List should be taken up with them. 

Coupon-mad

But that's clearly untrue.  If Wetherspoons have a daily White List to exempt vehicles of visitors and staff, then that data is UNDOUBTEDLY shared with Excel. Otherwise what's the point if it?!

So that (exempt vehicles log) is also missing in their evidence.  Really? Are you sure?  That is unusual. Where's their evidence that the vehicle was unauthorised then?

You must add this to your WS.

JoeN1988

I've been through their WS bundle and can't find any thing resembling a record of their White List. Id be happy to share it with you via email if you could spare the time to check? I don't think I'd have time to redact the full WS bundle to share publicly. 

Coupon-mad

Sorry we can't look at data like that by pm or off forum. Not allowed.