Witness statement stage court 4th July HELP re: decision to appeal full/partial EURO Car parks fine

Coupon-mad

All standard!

Go back and read the exhibits and WS guidance in the second post of the NEWBIES thread.

Bellatrix42

@Coupon-mad thank you. Just reading through everything again and the advise in newbies thread.....I am a little unsure as to the focus on my witness statement. As you know, my parking ticket did not cover the time period as I was assisting a lady in shop who became unwell. Should I focus on that and then refer  to the case law of Jopson v Homeguard where my emergency assistance would be classified as a ‘small vicissitude’. 

Coupon-mad

Yes I would.

Car1980

World's slowest court claim.

Really think you also need to concentrate on the fact they are claiming "damages" and not an agreed sum based upon a breach of contract. Highly unusual and very old fashioned.

Genuine pre-estimate of loss isn't applicable due to Beavis. But....

... what happens when a parking company claims they are have made a loss and want recompense for damages?!

Bellatrix42

Hi ALL, I am about ready to share a draft of my WS, can I just check what sections of my defence should I repeat in the WS? There is a lot in my defence which was standard copy and paste as advised but my focus in around small vicissitude and the damages/loss conflicting from them? Not quite sure how to word the point around this if Im honest. 

Coupon-mad

Search the forum for Jopson vicissitude and you will find it worded hundreds of times before!

As for the WS, just read the section about that stage & use the recommended exhibits in the NEWBIES thread that are already suggested.

Don't repeat all the old stuff about the DLUHC and the draft Impact Assessment.

Bellatrix42

Hi @Coupon-mad, thanks again for your help. Please see draft WS below. I have highlighted in yellow the areas that I believe just need removing or would appreciate further advise on. I have downloaded my exhibits and will include them once I convert to PDF. I need to submit tomorrow by 3.30pm I assume (14 days in advance) and as yet have not received a witness statement from QDR.

Coupon-mad

Your case doesn't lend itself to being 'struck out' and nor do you need paragraph 20 because there's nothing wrong with POC from QDR.

Yes you need the Beavis exhibit stating that £85 was more than sufficient to cover costs, profits (and even paying the landowner a bounty averaging £1000 a week, in ParkingEye's famous case).

You should also quote ParkingEye v Somerfield about added costs (this wording is already in the Template Defence and/or on loads of threads over the years).

Your defence should also focus on THE SIGNS and the fact that, whilst the sign nearest the P&D machine listed tariffs in large text, it did not list any prominent terms about the risk of paying £100, let alone £170 or indeed the other inflated fees or costs QDR have tried to frighten you with.

Look at the blurry pic of the yellow sign by the P&D machine here:

https://www.google.co.uk/amp/s/www.thesun.co.uk/motors/33370174/car-park-machines-drivers-fine-outrage/amp/

Can you get a photo of the machine and sign now? Would be good if you can prove the tariff of £1 was in big text but the £100 was tiny & unreadable...great evidence.

QDR will send a legal rep who will try very hard, so your evidence on signs needs to be better. At the moment, you are relying on mitigating circumstances which isn't a legal basis of defence really.

Expect QDR to scare you with a Costs Assessment next week, pretending that you could be liable for hundreds. Which you won't, as long as you are attending the hearing & get there early to get through security you are not acting unreasonably, therefore no extra legal costs can be added. It's a small claim.

Where did you get the odd sentence about 'statutory law' in para 19? That makes little sense and we'd never have written 'statutory law'.

Bellatrix42

thanks- I can go and get a photo tomorrow morning no problem. Ill make the suggested amends and re-share another draft tomorrow.
@Car1980 any suggestions as to how to word a para on the damages vs loss conflicting 

Bellatrix42

Morning, I have been and taken photos. The signs are new as the prices have changed. I’m not sure if this matters but I do have a copy of the original sign which QDR sent me last week with the details of the landowners that I have attached as the last photo. Interestingly from the ticket machine the signs are hidden (see pictures). The £100 does seem to appear in larger font but again I don’t know if this was the case when I park there over 3 years ago!