SOS; Am I going insane or is it them?

SkattyKatty22

Hi all

Thanks for all the responses so far.

I started this post because the court case is this week and the nonsensical brain-melting sentence ParkingEye have put in their second WS was wearing me down;

PxxxxxxExx would clarify that it is common terminology for a private parking operator that the site is managed as a whole car park and is therefore referred to as such. 

Also, because I am so anxious about going to court, I just wanted to give up if that nonsensical statement was actually a good point.

I've decided to go through with it because I'm so angry these people are doing this and using the legal process to legitimise their claims and scare/ blackmail/gaslight people into paying up.

I feel more confident now because of Coupon-mad's 'NO' response to these 2 questions;

6. Is the petrol station, within the site, part of the car-park or part of the site?
7. Is placing a car next to a petrol pump part of a 'parking event'?

I'm grateful for the help offered to look at my Defence and WS and their POC, I'll share these after the case.

I've decided to write a second WS to show how ridiculous their second WS was together with reiterating all their other BS like putting the exit ANPR camera at the exit of the SITE (ie including the petrol station) and not at the exit of the car park.

In with my exhibits are evidence of

1. the time I paid for my petrol
2. the (sneaky) placement of the second camera 
3. The vast number of signs and documents refer to PARKING in a car park.
4. lack of evidence of anything about staying on the whole site.

TLDR; It is literally day light robbery.

Their claim; I stayed on the site for longer than the 2 hours free parking in the car park.

My defence; If you insist your signs and exit ANPR location aren't misleading then make it crystal clear that

1. car park =  the whole site and 
2. parking includes stopping a car next to a fuel pump.

Since neither is true they can't win and the sentence in their second WS is BS.

Am I right?

Thx

Coupon-mad

Yes - if the Judge agrees. Your job is to state your piece reasonably and convincingly.

I perhaps wouldn't do another WS... although... there are two compelling things you might want to add quickly, with a concise supplementary WS:

-  if you look at the official Department for Transport rules about 'services and trunk roads' (Google it) these CLEARLY state that there must be a MINIMUM OF 2 HOURS FREE PARKING. That works in your favour. In fact it could be argued that by only allowing 2 hours 'total stay on site including the petrol station' ParkingEye are in fact breaching the DFT rules.

And

- also Google for the DLUHC's withdrawn private parking Code of Practice 2022. Look at and use the DEFINITION OF A PARKING PERIOD, according to Government. That helps your case too.

SkattyKatty22

Coupon-mad said:

Yes - if the Judge agrees. Your job is to state your piece reasonably and convincingly.

I would NOT do another WS. Save your points for oral argument.

Oh do I have to do that? I thought I would just be asked to read out my WS?

Oh dear I don't even know what happens in court

Anyone live near Northampton?

Can you tell me roughly what will happen please?

Thx

Suki

Coupon-mad

I have revised my reply.

The NEWBIES thread does already provide hearing tips.

jr2025

SkattyKatty22 said:

PxxxxxxExx would clarify that it is common terminology for a private parking operator

Absolute BS, how is Joe Public expected to know their lingo?

I have a pretty much identical case to yours, saw "2 Hours Free Parking", parked for two hours, used the petrol station for fuel, food and 10 or so minutes for a migraine aura to pass and on my way.

Don't know if the signage clarifies use of site is 'parking' because they won't send me a copy of 'the contract'.

So very interested in how this one turns out. I wish you luck!

Car1980

Remember the magic words 'The onus is on the claimant to prove their claim'.

It's no good them saying "well, obviously we meant the entire site". They have to prove it and point out that fact.

Not_A_Hope

Oh do I have to do that? I thought I would just be asked to read out my WS?

The judge will read your defence and WS as well as theirs. They will be asked to speak and then you will get your turn. All you need is a bullet point list of the important issues you wish to highlight to the judge. The judge may ask you some questions but the hearing or needing to speak is nothing to get worried about.

Coupon-mad

You won't be reading out your WS.

jr2025

Coupon-mad said:

- also Google for the DLUHC's withdrawn private parking Code of Practice 2022. Look at and use the DEFINITION OF A PARKING PERIOD, according to Government. That helps your case too.

And mine, nice one, thank you 😀

KeithP

SkattyKatty22 said:

Anyone live near Northampton?

What's the relevance of that question? But to answer it... at a guess... a few million.   

If/when this case progresses towards a hearing, you get to choose where the case is heard.