Help with Witness Statement/ evidence

Eggyman95

Hi all, 

I am looking for advice on where I stand with regards to a claim form from DCBL (Euro Car Parks). 

I have studied the newbies thread, the template defence and various other threads but I feel I still need some guidance on writing Para 3 of my defence. 

The background of the PCN and now Claim is that I was parked for 14 minutes in a car park without paying. I was collecting friends from their flat, the car park had long been free to park in (Pre Euro Car Parks) but had only very recently fallen into the slimy hands of Euro Car Parks. 

The flats are associated with the car park and had parking spaces for residents (pre and post Euro Car Parks)

I had used the car park maybe a dozen times before for the same purpose (when it was free). 

In this instance I stayed in the vehicle thinking I would be only 1-2 minutes and was unaware that visitors had to pay. 

Having not purchased a ticket at all, do I have a leg to stand on in defence? I'm struggling to word a defence that doesn't sound like an admission of guilt. 

Although I was collecting the residents, I'm not sure if I fall into the 'permitted visitors' category in an official capacity. The car park was otherwise public and no key fob access or official visitor parking bays. 

Please see the POC. Also please note I have until Dec 8 to file my defence.  

Any help would be greatly appreciated. Thank you

Car1980

British Parking Association code of conduct rule 18:

1. 18.11  Where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage.Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes.

   
   

   Bear in mind they will discontinue at the eleventh hour anyway.
   

Gr1pr

If some spaces are allowed to be used by residents and visitors, I suggest that you post pictures of the signage, so we can look at the contract that the driver was bound by 

Its also possible that the NTK PCN letter failed to comply with POFA, if the incident was before they changed to POFA compliant letters. ?

That other comment about the signage changes and extra signage may also be relevant at some point in the case 

Eggyman95

Gr1pr said:

If some spaces are allowed to be used by residents and visitors, I suggest that you post pictures of the signage, so we can look at the contract that the driver was bound by 

Its also possible that the NTK PCN letter failed to comply with POFA, if the incident was before they changed to POFA compliant letters. ?

That other comment about the signage changes and extra signage may also be relevant at some point in the case 

Annoyingly the only photo I have of the signage is from them. (Attached). 

The car park has since changed hand again (no idea when). There were only spaces for residents when euro car parks were in control (from memory).

it is also worth mentioning as a side note. The residents that I was picking up also received several PCNs, despite having a permit. Which shows that they were handing them out indiscriminately. 

Eggyman95

Car1980 said:

British Parking Association code of conduct rule 18:

1. 18.11  Where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage.Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes.

   
   

   Bear in mind they will discontinue at the eleventh hour anyway.
   

Amazing, thank you. 

I imagine that the ‘grace period’ is not given as a suggested period of time? 

I was wondering the same about the grace period given to entering and exiting a car park. If 14 minutes is considered too long. 

I am trying my best to find out the exact date that Euro Car Parks began trading/ charging at this car park. 

Gr1pr

There is nothing on the signs about exemptions for residents. ( Or visitors. ) so I don't think that there is any agreement about it, unless the residents know different and have paperwork backing up their ability to park on that private property 

Other people receiving PCNs is not going to help your case 

KeithP

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Eggyman95

KeithP said:

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 5/11 I filed the AOS on the 7/11

Eggyman95

Gr1pr said:

There is nothing on the signs about exemptions for residents. ( Or visitors. ) so I don't think that there is any agreement about it, unless the residents know different and have paperwork backing up their ability to park on that private property 

Other people receiving PCNs is not going to help your case 

I have asked the residents to see what they can find. They have long since moved out but are looking for an old email. 

What does this mean for my defence? Is there one?

KeithP

Eggyman95 said:

KeithP said:

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 5/11 I filed the AOS on the 7/11

With a Claim Issue Date of 5th November, and having filed an Acknowledgment of Service on 7th November, you have until 4pm on Thursday 5th December 2024 to file a Defence.

That's over two weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Eggyman95

KeithP said:

Eggyman95 said:

KeithP said:

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 5/11 I filed the AOS on the 7/11

With a Claim Issue Date of 5th November, and having filed an Acknowledgment of Service on 7th November, you have until 4pm on Thursday 5th December 2024 to file a Defence.

That's over two weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thank you !