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You click on the links that say 'here's an example Witness Statement'. If it's that hard to read a few words, why not just have the NEWBIES thread open and do 'control & F' and put in the word 'witness' and get there that way? In less than one second...
after I have posted the results on here you will never hear from me again.
rizla01 wrote: »
I also intend using this. would that be correct?
With the addition of an arrow pointing to the entrance.
rizla01 wrote: »
I am one letter away from having dealt with it …...
Coupon-mad wrote: »
...ParkingEye have signs talking about 'total stay'. They make the rules up, because they can. No-one stops them.
But the POFA 2012 talks about parking events and says that a PCN can only be issued to a keeper for a 'single period of parking'. So clearly the intention of Parliament is, that liability for a parking charge relates to a single parking event.
There are also Grace Periods to factor in, and the BPA CoP sets those out (two periods, one for arriving, finding a space, and observing the signs and deciding whether to stay, and the other at least ten minutes merely to leave).
All explained here:http://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods
So, if your Daughter's total stay was just 14 minutes (all told) over the 2 hours parking allowed, even if she hadn't moved the car and re-parked, the Grace periods cover her already, and PE no doubt realise this, and are chancing their arm. 5 minutes on arrival plus the mandatory ten after expiry of allowed parking time = 15 minutes non-parking activity, perfectly OK.
I expect that's why PE want to backtrack/squeeze £60 out of her, because they are on a sticky wicket already.
Now, on top of that grace periods argument, she can also argue two more things:
- that the car was moved within the site, so there were two parking events (then she points to the POFA - even if she's blabbed about who was driving, IMHO she can point to the will of Parliament about PCNs relating only to single parking events, and also nothing is there about made-up 'total stays'!)
- that circumspect, average drivers would perfectly reasonably take the ambiguous terms to mean that they can in fact park for a total of two hours, which she did not exceed. Any reference on the signs to 'total stay' is no doubt contradicted elsewhere by mention of 'parking' (check, it usually is, maybe instore/on the window or on the retailer's website?) and as such the terms are ambiguous as well as disingenuous.
She didn't contravene 2 hours total parking, and did not accept any contract to pay £100.
I am sure PE are looking to discontinue this one. It is winnable on Grace Periods alone, but throw in the 'moved car' and you have even more to say at any hearing (and I don't think PE want this to go in front of any Judge).
Claim Number: xxxxxxxxxxxxxx
ParkingEye Ltd (Claimant)
I am xx of xx xxx xxx, defendant in this matter.
Firstly I apologise if my presentation is not up to the standard of the professional Companies such as Parking Eye Ltd., that make a fortune from dealing with these matters but I have done my best to present my case whilst not wishing to waste too much of the courts valuable time on largely irrelevant legalities.
This claim is denied in its entirety. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case.
I. The period of 2 Hours was not exceeded when grace periods are taken into account.
II. The period of parking consists of two separate parking periods.
III. The signage does not offer a contract with the motorist
1v The parking area is not sufficiently signed leaving many large areas where signage is not in place.
v The Claimant has no standing to bring a case
The Greyhound car parking area consists of 4 individual car parks, all of which have always offered free parking ever since they were installed.
Each year I take my three young girls to Matalan to kit them out with new clothing and have always parked in the safest spot where they don!!!8217;t need to negotiate traffic. This is at the very top of the car park, farthest away from the store entrance.
On the day in question namely 19th July 2017, I entered a very busy car park are with lots of traffic in both directions as Matalan were clearing many sales items, so I proceeded towards my usual parking area and waited quite a time until a space in my usual spot was vacated. I then parked up. My girls and I left my and made our way to the store entrance.
At no time at all, was I aware of any restricted parking signs. There is a wall that I walked along where signs could easily be affixed but there were none. There are no warning signs inside the shop.
After about 1 ½ hours I emerged from the shop and headed to my car, the intention now being to get something to eat so proceeded to treat my girls to a KFC lunch. Once again no parking signs are visible on the way there and none whatever around the KFC restaurant area. There is a parking area on that site which makes no mention whatever of parking restrictions. After lunch we left the car park.
I. Grace periods.
According to the BPA Approved Operator Scheme Code of Practice Control and enforcement of parking on private land and unregulated public car parks Version 7 - January 2018
If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.
You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes
II. Two separate parking incidents.
Schedule 4 of the Protection of Freedom Act 2012 makes it very clear that two separate parking periods cannot be treated as if they were the same parking incident which clearly occurred when I moved my vehicle to KFC and re-parked.
Schedule 4: Section 7 Para 3:- The notice must relate only to a single period of parking
III The signage does not offer a contract with the motorist
1. The claim is for breach of contract. However, it is denied any contract existed.
2. The Claimant states, in their Particulars of Claim, that the signage is !!!8216;clearly displayed!!!8217; but this is not agreed. Thus, the necessary elements of offer and acceptance to form a contract were not present. Although the Claimant has not provided a signage map in many of their car parks signs are positioned in such a way as to create !!!8216;entrapment zones!!!8217; where signage is not clearly visible. The Claimant is put strictly to proof that this is not the case on this site.
3. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.
4. In addition to the defence that the signage does not form a contract with the driver I would point the courts attention to the photographs of the signage in the evidence pack I would suggest that the driver would not have been able to read any such sign in the seconds taken to enter the car park and that their attention would have been taken up with negotiating the safe entry to the site and not reading terms and conditions
vI: Signage not visible and is inadequate.
Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.
Large areas of this parking area are totally devoid of any signs at all. Places that would make the signs immediately visible (Large clear brick wall of store for example) are not used. What signs do exist are out of sight and above prescribed heights to be easily read.
Signage in Car Park
1. In addition to the defence that the signage does not form a contract with the driver I would point the courts attention to the photographs of the signage in the evidence pack I would suggest that the driver would not have been able to read any such sign in the seconds taken to enter the car park and that their attention would have been taken up with negotiating the safe entry to the site and not reading terms and conditions.
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