Excel Parking Charge Notice Disabled Bay

Coupon-mad

I know it.

The thread was by @ellaro9

Gr1pr

Thank you 

I remember that case, having another read through it, the behaviour of the VCS operative and details and circumstances are quite unique and because the counter claim was done due to the unreasonable behaviour and subsequent letters and court claim, it can be seen by all how the counter claim won out, especially with video evidence etc

Not sure that this thread would win out in a counter claim though, even though its the sister firm 

Spillit1

Hi, I'm struggling with part of WS, I don't know what to put regarding my son not being able to read the sign as his vision was blurry due to hypoglycemia. Plus his medical episode made it illegal for him to leave therefore he was unable to comply with the parking Terms and Conditions thus causing a frustration of contract.  Any help welcome, thank you.

Spillit1

Just received this in mail.....7 days after the date on letter! So actually only got 7 days to pay. Obviously not going to pay, but will they add £220 costs onto the the current amount of £255 they want?
I mean only offering a £55 reduction is pathetic and just scare tactics.
If we lose will we have to pay £475? 

Coupon-mad

No they know full well they can't add those legal costs in small claims. Scam, innit?!

IGNORE THAT DRIVEL.

Show us what you've drafted and we'll help.

  

Spillit1

Coupon-mad said:

No they know full well they can't add those legal costs in small claims. Scam, innit?!

IGNORE THAT DRIVEL.

Show us what you've drafted and we'll help.

  

Phew, thank you. Once I've finished putting it on the computer I will post it here for your kind offer of help.
Do you think the contents will give away info to the Claimant so they'll be able to work out who it is? I'm sure they have spies everywhere! 👀 Obviously I'll blank out all the obvious clues, but as it's quite specific, I don't want them seeing WS before I want them to see it.

Coupon-mad

They do scan this forum but I wouldn't worry.

Le_Kirk

Spillit1 said:

Hi, I'm struggling with part of WS, I don't know what to put regarding my son not being able to read the sign as his vision was blurry due to hypoglycemia. Plus his medical episode made it illegal for him to leave therefore he was unable to comply with the parking Terms and Conditions thus causing a frustration of contract.  Any help welcome, thank you.

The witness statement backs up what was written in your son's defence and provides evidence.  It must, of course, be in your son's name, although you can help.  If the defence stated "son not being able to read the sign as his vision was blurry due to hypoglycemia" then that becomes part of the narrative and is backed up by a medical report (if possible) or your son states what happened on the day as part of that same narrative and becomes an honest first person defendant.  However, of course it would be written by your son as "I was not able to read the sign as my vision was blurry due to hypoglycemia".

Spillit1

Here is the finished WS. I would be so grateful for your advice please as to whether this is ok or have I got it completely wrong?! Anything I need to add/take out? I will only copy and paste the parts which are different from the template. I have blanked out key info. The original has a header showing Claim number, name, hearing date. The footer shows page number. Everything is aligned correctly.

Index

Content                                                                                                                                  Page No.

 Witness Statement                                                                                                                  3 – 17

 XX-01 – Letter of Diagnosis (Pg 3, Par 3)                                                                             18

 XX-02 –Accommodation entrance in relation to where my car was parked                          19

(Google) (Pg 4. Par 5)

 XX-03 – Claimants photo, accommodation entrance view from my car                               20

(xxxxxxxxxxxx) (Pg 4. Par 6)

 XX-04 – Screenshot showing bg readings on xDrip 08.50-09.25 (Pg 4. Par 8)                     21

 XX-05 – Screenshots of individual bg readings on xDrip from 08.00                                   22- 26

- 09.35 (Pgs 4-5. Par 10)

 XX-06 - Screenshots of individual bg readings on xDrip from 10.15 –                                27 - 31

11.30 (Pg 5. Par 11)

 XX-07 – Parking Permit (Pg 5. Par 13)                                                                                  32

 XX-08 - Screenshot showing bg readings on xDrip sent to Claimant (Pg 5. Par 16)             33

 XX-09 – Email response from Claimant xx/xx/xx (Pg 5. Par 16)                                           34

 XX-10 – Letter from Claimant xx/xx/xx (Pg 5. Par 17)                                                         35

 XX-11 – Appeal to Independent Appeals Service (IAS) xx/xx/xx (Pg 6. Par 23)                 36

 XX-12 – Photo showing Omnipod, Dexcom, mobile phone with bg data (Pg 6. Par 23)     37

 XX-13 – Claimant DEMAND FOR PAYMENT xx/xx/xx (Pg 7. Par 24)                            38

 XX-14 – Claimant FINAL DEMAND xx/xx/xx (Pg 7. Par 25)                                            39

 XX-15 – Claimant LETTER BEFORE CLAIM xx/xx/xx (Pg 7. Par 26)                              40

 XX-16 – Elms Legal Urgent: Notification of Instruction xx/xx/xx (Pg 7. Par 27)                41

 XX-17 – Email to Elms Legal xx/xx/xx (Pg 7. Par 28)                                                          42

 XX-18 – Consultant letter confirming Type 1 Diabetes, dated xx/xx/xx (Pg 7. Par 28)       43

 XX-19 – xxxxxx report for xx/xx/xx (Pg 7. Par 28)                                                               44

 XX-20 - Email from Elms Legal xx/xx/xx (Pg 7. Par 29)                                                       45

XX-21 – Civil National Business Centre Claim Form xx/xx/xx (Pg 7. Par 30)                      46

 XX-22 – Position of car park, xxxxxxxx (Pg 7. Par 31)                                                         47

 XX-23 – No visible Claimant sign xxxxx Road entrance (Google) ((Pg 7. Par 31)               48

 XX-24 – No visible Claimant sign xxxxx Road entrance (Google) ((Pg 7. Par 31)               49

 XX-25 – Claimants sign by disabled bay (xxxxxxxxxx) (Pg 8. Par 32)                                 50

 XX-26 – Position of disabled bay and sign via xxxxxxxxxx                                                 51

(Google) (Pg 8. Par 32)

 XX-27 – Car park access via xxxxxxxxx (Google) (Pg 8. Par 32)                                         52

 XX-28 - Elms Legal URGENT: NOTIFICATION OF ISSUE OF                                      53

PROCEEDINGS xx/xx/xx (Pg 8. Par 35)

 XX-29 – Claimant letter xx/xx/xx (Pg 8. Par 36)                                                                   54

 XX-30 – Jopson v Homeguard Services (2016) case transcript –                                          55 - 58

Paragraphs 19, 20, 21 (Pg 9. Par 44)

 XX-31 - The Beavis case sign for comparison (Pg 15. Par 71)                                               59

 XX-32 - ParkingEye Limited v Beavis - Paragraphs 98, 193, and 198 (Pg 15. Par 72)         60 - 62

 XX-33 - Defendants schedule of costs                                                                                  63

Spillit1

IN THE COUNTY COURT

 

Claim No.: xxxxxx

Between

 

(Excel Parking Services Limited)

(Claimant)

 - and -

 xxxxxxxxxx

(Defendant)

________________________________________________________________________________

WITNESS STATEMENT OF DEFENDANT

FOR COURT HEARING ON xx

_________________________________________________________________________________

 1.      I am xx of xx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. Where the facts are within my own knowledge, they are true. Where they are not within my own knowledge, they are true to the best of the information, resources, and belief to be correct.

 2.      In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

 Sequence of events

 3.      On xx I suffered a life-threatening medical emergency whilst driving. I have Type 1 Diabetes, diagnosed on xx (See Exhibit XX-01).

 4.      I recognised the signs of the onset of hypoglycaemia (hypo), I was shaking, weak, sweating, my heart was racing,  so I parked my car in the closest, safest place to my university accommodation to allow me to get into my accommodation quickly to treat my hypo with fast-acting glucose before I went unconscious. I can feel hypo symptoms when my blood glucose is dropping from a high number, not just at the exact time I reach 4mmol. By the time I had parked, my vision was blurry, I was dizzy, confused, and had reduced cognitive function and concentration, my body was shutting down, I was very scared. I had run out of fast-acting treatment in my car. I very rarely get caught out but on this occasion I did and it was safer to simply park right outside my accommodation for quick access.

 5.      I parked my car a few meters away from the entrance to my accommodation. (See Exhibit XX-02 which shows a Google Maps view of where my accommodation entrance is in relation to where I parked my car on xx).

 6.      I refer to Exhibit XX-03 which shows the Claimants own provided photo, obtained from xx, of my car parked a few meters from the entrance to my accommodation which is visible in this photo. I parked safely, in a bay, not obstructing anything.

 7.      My focus was to save my life, so I parked my car as safely as I could, and entered my accommodation. I immediately treated my hypo with 60ml of Lift Fast Acting Glucose Shot (Glucojuice), I get these on prescription. I had to have several more Glucojuice to try to bring me out of hypo. Each one contains 15g of glucose. It took approximately an hour before I felt more with it. Once I was above 4mmols I ate a long-acting carbohydrate snack to help keep me stable. I was exhausted but thankful to be alive.

 8.      I wear an Omnipod Insulin pump, as well as a Dexcom G6 Continuous Glucose Monitor (CGM). On the date of receiving the Parking Charge Notice (PCN) I was using an app called xx on my phone which received my blood glucose (bg) readings from my Dexcom G6 every 5 minutes. This record history showed I was hypo (4mmol or below) from 08.50 until 09.25 on xx. (See Exhibit XX-04).

 9.      Driver Vehicle Licensing Agency (DVLA) states:  

 “Advice on managing hypoglycaemia or developing hypoglycaemia at times relevant to driving

 • In each case if your glucose is 5.0mmol/L or less, eat a snack. If it is less than 4.0mmol/L or you feel hypoglycaemic do not drive.

 • If hypoglycaemia develops while driving stop the vehicle safely as soon as possible.

• You should switch off the engine, remove the keys from the ignition and move from the driver’s seat.

• You should not start driving again until 45 minutes after finger !!!!!! glucose has returned to normal (at least 5.0mmol/L). It takes up to 45 minutes for the brain to recover fully.

• If you use a real time (RT-CGM) or flash glucose monitoring (FGM) system to check your glucose levels and the reading is 4.0mmol/L or below, you must stop driving and confirm your finger !!!!!! glucose test reading.

• Your finger !!!!!! glucose level must be at least 5.0mmol/L before returning to driving.”

 10.  From my CGM readings on xx I can prove my bg was dropping and exactly when I was hypo on xx/xx/xx. My bg readings every 5 minutes from 08.00 – 09.35 were as follows:-

08.00 – 5.2mmol                           08.40 – 4.2mmol        

08.05 – 5.1mmol                           08.45 – 4.1mmol

08.10 – 4.9mmol                           08.50 – 4.0mmol

08.15 – 4.8mmol                           08.55 – 3.9mmol

08.20 – 4.8mmol                           09.00 – 3.8mmol

08.25 – 4.7mmol                           09.05 – 3.9mmol

08.30 – 4.6mmol                           09.10 – 3.9mmol

08.35 – 4.4mmol                           09.15 – 3.8mmol

 

09.20 – 3.9mmol                           09.30 – 5.2mmol

09.25 – 4.2mmol                           09.35 – 6.5mmol

 (See Exhibit XX-05).

11.  As the law states I have to wait 45 minutes from when my bg is above 5mmol and feel fully alert to be safe to drive, I had to wait from 09.30 to 10.15. At 10.15 xx showed my bg was 6.0mmol with an arrow down meaning my bg was dropping again. I hypoed again at 11.10 so had another Glucojuice. I was still in my accommodation. My bg readings from 10.15 until 11.30 were as follows:-

 10.15 – 6.0mmol               10.55 – 4.4mmol

10.20 – 5.9mmol               11.00 – 4.4mmol

10.25 – 5.6mmol               11.05 – 4.2mmol

10.30 – 5.4mmol               11.10 – 3.9mmol

10.35 – 5.1mmol               11.20 – 4.3mmol

10.45 – 4.7mmol               11.25 – 5.1mmol

10.50 – 4.6mmol               11.30 – 6.0mmol

 (See Exhibit XX-06).