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Incomplete vrn entered

edited 18 April 2018 at 11:23AM in Parking Tickets, Fines & Parking
272 replies 16K views
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  • The_DeepThe_Deep Forumite
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    Wll said OP

    de minimis non curat praetor
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  • Pjr1525Pjr1525 Forumite
    148 posts
    Just got my court date this morning, March next year. 11 months after PCN.
  • Working on my W/S now, just wondering how to present it to the judge. The judge's instructions to the claimant state exactly how it must be presented, metal fasteners etc, but there are no requirements to the defendant.

    I appreciate it must indexed, paragraphed and numbered etc but can I use a soft covered folder with fixed transparent sleeves inside to hold the various pages and photos.

    Also, would there be any mileage in emphasising the fact that the original conditions on the ticket machine require vehicle registration NUMBER and a subsequently added sigh on the same ticket machine requires all vehicle registration CHARACTERS, as if to acknowledge the first instructions are ambiguous. Regards.
  • nosferatu1001nosferatu1001 Forumite
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    Yes, you can add that the PDT terms were complied with fully, and any ambiguity or contradiction iwth other, later signs miust be interpretefd to benefit the consumer.
  • DoaMDoaM Forumite
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    later signs must be interpreted to benefit the consumer.

    Contra Proferentem
    (Latin: "against [the] offeror"),[1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.[2] The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power,
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  • Pjr1525Pjr1525 Forumite
    148 posts
    Many thanks both for that info. Regards.
  • CastleCastle Forumite
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    Yes, you can add that the PDT terms were complied with fully, and any ambiguity or contradiction iwth other, later signs miust be interpretefd to benefit the consumer.
    And supported by Thornton v Shoe Lane.
  • Coupon-madCoupon-mad Forumite
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    Also, would there be any mileage in emphasising the fact that the original conditions on the ticket machine require vehicle registration NUMBER and a subsequently added sigh on the same ticket machine requires all vehicle registration CHARACTERS, as if to acknowledge the first instructions are ambiguous.
    Certainly, and you can show the different signs in evidence and talk about contra proferentem, as advised already.

    Show us your draft WS and the evidence you intend to include. :)
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  • Pjr1525Pjr1525 Forumite
    148 posts
    A couple of weeks off yet Coup' not due 'till mid Dec'. Determined to get this right, got a feeling that HX in their determination to be the bestest and most wonderful ppc in the country are going to pursue all claims now with great vigour! ☺️ Regards.
  • edited 6 December 2018 at 4:06AM
    Pjr1525Pjr1525 Forumite
    148 posts
    edited 6 December 2018 at 4:06AM
    Below is a rough draft of my witness statement. All photo exhibits mentioned, clearly show the before and after signs that were added. I would appreciate any help regarding wording or points that I have missed. Regards.

    In the County Court at Xxxxxxxx
    Claim No xxxxxxx
    Between
    HX car park management ( claimant )
    And
    Xxxxxxxxx ( Defendant)

    Witness Statement

    1. Am xxxxxxxxx of xxxxxxxxxxx, the defendant in this matter. I will say as follows:

    2.On xxxxxxxx I visited the car park in xxxxxxxx and parked my car.

    3.There is a large sign ( exhibit a ) between the 2 pay points clearly showing the tariffs, which I read, agreed with, and then entered sufficient vrn to identify my vehicle and purchased a ticket ( exhibit b ) which I displayed on my dashboard.

    4.I returned within the paid for time and left the car park.

    5.One week later I received a PCN from the claimant demanding £100 for breach of contract. I sent proof that I had paid, in the form of the ticket, which showed that the number, as required in point 2 of their condition of use on the point of sale, had been entered, but they rejected my proof and after several intimidating letters demanding increasing amounts of money, and have elected to pursue the matter via litigation.

    6. On entering the car park the first point on the main sign (exhibit c) states ‘Full terms and conditions at ticket machine’ thus removing the need to look elsewhere in the car park for the full terms and conditions.
    Unfortunately, when I arrived at the ticket machine, there were no such ‘Full terms and conditions’ just four brief conditions of use in small writing on the actual ticket machine. I discovered at a later date that the nearest full terms and conditions are on a small sign with very small writing some distance away above head-height on a wall.

    7.All of the conditions that were on the ticket machine were complied with in full. Point 2 requires that the vehicle registration number is entered, the number within my vehicle registration is xx which was entered in full.

    i.The claimant has realised at some point after the material date that the requirement for vehicle registration number to be entered is ambiguous ( exhibit d ) and that letters as well as numbers are required and they have added a new sign ( exhibit e ) on the same ticket machine correcting the existing condition, now stating that all characters, meaning both numbers and letters, must be entered full and exact.

    ii.Paragraphs 37 and 38 of the consumer protection act ( exhibit f ) requires that any ambiguity in a contract must favour the consumer.
    It it my position that under the doctrine of contra proferentem ( exhibit g )the claimant has no standing or cause of action to litigate in this matter.

    iii.Also breach of contract cannot be claimed when a term or condition is added retrospectively as in case law Thornton v Shoe lane (exhibit h )

    vi. At no point, on the material date, either, at the point of the transaction (especially), or elsewhere in the car park does the claimant make it clear that: if you fail to enter all characters from your vehicle registration plate you agree to pay £100.


    8.The main sign at the entrance, on the material date, ( exhibit j ) did not state the mandatory information that ANPR was in use and that it would be used for enforcement purposes. The claimant has, in effect,, acknowledged this omission by subsequently adding a prominent sign to the existing sign ( exhibit g ) which now includes the previously missing mandatory information regarding the use of ANPR.

    9. The purpose of requiring vehicle registration details to be entered into the pay and display ticket machine is so that it can be established that the patron has paid for the parking space, and no other reason.

    i.As well as my providing proof of payment in the form of the ticket, the claimant have their own records and it is their gift to cross reference the ANPR images with records from the pay and display ticket machine, which according to their own website is done by trained staff, to ascertain if there is a close match who has paid.

    ii.I have requested a list from the claimant’s solicitor, of partially redacted vehicle registration plates taken by ANPR on the material date, as proof that there was no other vehicle in that small car park with the partial vrn xxxx, and also a copy of payments taken in and kept by the ticket machine, as proof that the correct tariff was paid for vehicle xxxx, but this information has not been supplied at date of this statement. ( Exhibit k ).

    10.I invite the court to dismiss this claim in it’s entirety, and to award my costs of attendance at the hearing such as are allowable pursuant to CPR 27.14.

    Statement of truth.

    I believe that the facts stated in this witness statement are true.

    Signed xxxxxxxx
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