Residential parking fine - claim advice

anony-moose

There are also some sections about:

- Redacted Landowner Contract

- Exaggerated Claim and 'market failure' currently being addressed by UK Government

- CRA breaches

- The Beavis case is against this claim

- Lack of standing or landowner authority, and lack of ADR

Which I think I copied from the standard template or copied from past defences/witness statements.

anony-moose

@Coupon-mad They attached a map with their WS that shows the apparent location of all the signs on site, but there's less than half the amount they said. Most of them don't exist.

I have done a video of the whole site and show on it that there are several signs missing, but not sure how to evidence a video in court or via a WS.

anony-moose

Thanks @Le_Kirk.

I thought I read to use 'The Defendant' somewhere, but must have got mixed up. It was quite difficult writing it in the third person.

Regarding this:

There are two persuasive arguments, CEL v Chan and CPMS v Akande. Use them both if your case is suitable, I.e. the POC were sparse and vague. 
See here https://forums.moneysavingexpert.com/discussion/comment/80939024/#Comment_80939024

I have included details of the Chan one I think. I was hoping it would be struck out at the last telephone hearing by citing it, but they didn't sadly. The particulars aren't clear though, so I will lean on this again.

anony-moose

I have this in regarding my costs:

X. In the matter of costs, the Defendant seeks:
a. standard witness costs for attendance at Court, pursuant to CPR 27.14, and
b. a finding of unreasonable conduct by this Claimant, and further costs pursuant to CPR 46.5.

I think I had done a costs breakdown before and added it as an Exhibit. Is the above enough or should I add a costs claim/breakdown to my WS? Do I need a figure in mind or will the judge use the above to make a judgement for costs, if it does go in my favour?

Once again, thanks for all your help so far. I'm hoping that the judge will see it in my favour given that their solicitor isn't attending court.

1505grandad

A heads-up  -  District Enforcement are IPC AoS members so any reference to CoP should be the relevant to the parking event IPC CoP.

anony-moose

@1505grandad I think I may have left British Parking Association in my WS by accident; I will update it and see if they will still allow me to reference it. Thank you!

Coupon-mad

I didn't see the paragraph I wrote for you?

And you need to bin the top bit and change it for the wording about Chan and Akande ONLY.  Easily found. Search the forum 

anony-moose

@Coupon-mad Do you mean the bits below?


You will be arguing that these signs fail the IPC Code of Practice clause about mandatory entrance signs AND they fail the legal test of fairness and prominence that a court must consider, per s71 of the Consumer Rights Act 2015, and in view of s62 and the examples of unfair terms & notices in Schedule 2 of that Act.

And they also fail the ICO Surveillance Camera Code of Practice rules and by virtue of that failure, it can be further argued that they breach the Data Protection Act 2018.


I added the IPC and CRA into my WS as you suggested. I had BPA in there originally as I think it was in a template that I used. I didn't include the ICO Surveillance bit as I don't think the site has ANPR or cameras. It's monitored by wardens I believe (sporadically).

Anyway, I have good news - my hearing was on Friday and I won! The judge struck it out on the PoC being sparse etc and the signs being inadequate. I missed a lot of the deadlines that the court had set, which was far from ideal and I obviously wouldn't recommend doing the same, like I know everyone here will agree also. The judge accepted the changes I made to my WS even though I only sent them the night before (thankfully). I have been lucky in a lot of ways, but I was really struggling to find time to put the documents together and manage everything given how busy it is this time of year. I have also been awarded some of my costs.

Really appreciate everyone's help! Namely @Coupon-mad @KeithP @Le_Kirk @1505grandad @Half_way

Fruitcake

For your signage evidence, you either need still digital photos with time and date stamps, or a video recording with time and date stamp on a durable medium such as a memory stick or CD/DVD. The problem with the latter is that you need to send copies to the claimant and the court in a format that can easily be replayed, and you need to ensure the court are aware that they will need to provide some method to play the video at the hearing and that their equipment is capable of playing whatever video format has been used.
There is also the possibility that the claimant "might be unable to replay the video" *cough* because they don't have the correct equipment for the format used, which is unfair, your judgeship.

Personally I would use a series of photos specifically to show where the signs are not as claimed, and make a copy of the map provided by the claimant and mark it up to show which signs are missing. If possible, show that there are no signs near where the vehicle was allegedly parked, therefore there was no contract visible (offered) to the defendant.

Are there any redactions in the parking contract between landowner and PPC such as the names/signatures/dates and/or location and/or name of landowner?

Please show us their WS, but redact personal data, and tell us what parts if any have been redacted by the claimant.

1505grandad

"Anyway, I have good news - my hearing was on Friday and I won! The judge struck it out on the PoC being sparse etc and the signs being inadequate."

Very well done.