Help with Witness Statement/ evidence

1505grandad

When was the parking event  -  date was redacted on previous PoC posted.

Eggyman95

1505grandad said:

When was the parking event  -  date was redacted on previous PoC posted.

The parking was on 14/7/2021 

Gr1pr

Eggyman95 said:

1505grandad said:

When was the parking event  -  date was redacted on previous PoC posted.

The parking was on 14/7/2021 

In that case its the BPA CoP January 2020 that applied

Eggyman95

Gr1pr said:

Eggyman95 said:

1505grandad said:

When was the parking event  -  date was redacted on previous PoC posted.

The parking was on 14/7/2021 

In that case its the BPA CoP January 2020 that applied

Thank you!

Eggyman95

Hi all, please see my revised defence. 

Any help is greatly appreciated.

3.  The Defendant was stopped in their vehicle WA15 XEM at Station Road car park for 14 minutes and 12 seconds on 14/07/2021 to enable passengers to enter the vehicle. The defendant was there to collect the (then) residents of Flat 1, 57 Station Road, New Milton, BH25 6HY. This car park had long been associated with the flat at the above address, pre-dating Euro Car Park’s involvement with the site. The Defendant had frequented this site many times in the past for the purpose of visiting/ picking up the above residents. During this time, the car park was free to park in and visitors to the associated flats able to park there. The defendant was unaware of any changes to this at the time of entering the car park. 

4.  The British Parking Authority’s Approved Operator Code of Practice Version 8, January 2020 states: “19.10 - Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes.

Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.”

5.  The Defendant also notes that The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a Private Parking Code of Practice includes the following two points which highlight that dropping a passenger or picking them up is not considered parking:

“2.19 parked/parking

An instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)

A vehicle may be deemed to be parked whether or not the driver has left the vehicle or turned off the ignition

2.24 parking period

The length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)”

6.  In Laura Jopson vs Homeguard Securities case number B9GF0A9E, His Honour Judge J Harris QC the judge states "getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration" is not parking. This was an appeal court case and thus persuasive on the lower courts. The court transcript of that hearing and judgment, heard on appeal by HHJ Harris sitting at Oxford Court, will be provided at witness statement stage in support of this defence. 

Eggyman95

Hi all, just to continue this thread. I have now been sent a 'Notice of Allocation to the Small Claims Track' Received on 03/06/25

The hearing is due to take place on 19/07/25 
Witness statements and evidence are due by 01/07/25
Claimant court fee due by 19/06/25

I have already submitted my contact details to the address stated on the letter. 

I am also hoping that  DCB/ Euro Car Parks pulling their usual trick and back down at the 11th hour. 

Now those details are out of the way I would greatly appreciate some guidance on my witness statement and evidence submission. 

Following the advice on the Newbies Thread, I have looked through several posts by searching 'witness statement' (as well as variations) and sorting by new.

I think I understand the format needed now but my main concern is my lack of evidence. I do not have photos of the car park or signage (other than 1 provided by Euro Car Parks themselves - seen earlier in thread). 
My defence (above) is based on the fact I was picking up/ setting down passengers (who lived in a flat associated with the car park) as well as the car park only recently changing hands a change in rules needing a 'reasonable' grace period. 

Should these be my evidence? 

My concern is that my witness statement and evidence may well just become a reword of my defence. 

Any help would really be greatly appreciated. 

As a side note, I hate to use this as an excuse but I do struggle with ADHD and unfortunately find the forum a very stressful and overwhelming experience. I wanted to mention this as I don't want it to appear as though I haven't tried before asking for help. Everyone that gives up their own time to help on here is doing amazing work

Coupon-mad

My defence (above) is based on the fact I was picking up/ setting down passengers (who lived in a flat associated with the car park) as well as the car park only recently changing hands a change in rules needing a 'reasonable' grace period.

Should these be my evidence?

Yes. that's what the judge wants to hear about from you.

Quote the 2022 withdrawn DLUHC Code in your WS: the definition of parking period.

Eggyman95

Coupon-mad said:

My defence (above) is based on the fact I was picking up/ setting down passengers (who lived in a flat associated with the car park) as well as the car park only recently changing hands a change in rules needing a 'reasonable' grace period.

Should these be my evidence?

Yes. that's what the judge wants to hear about from you.

Quote the 2022 withdrawn DLUHC Code in your WS: the definition of parking period.

Thank you, So i can just reference these points when giving my account ?

Is it worth waiting for DCB/Euro Car Parks to submit their WS first and to see if they stump up the court fees? 

I would like to be prepared anyway but I see in other witness statements there are references to the claimant's WS.

Coupon-mad

Yes. Wait!   

Eggyman95

Coupon-mad said:

Yes. Wait!   

So today is the deadline for Euro Car Parks to pay the hearing fee (4PM). If they don't pay it what is the best way of finding out?
It seems my local court palms you off onto an automated message. Is it okay to email the court asking for information or is this in breach of anything? 
If they aren't continuing I haven't received a notice of discontinuation yet in my inbox or junk but I am imagining this wouldn't arrive before the hearing fee deadline regardless.