PCN, Wrong RinGo Code!

Hello again.

A court date has now been fixed and Witness Statements and documents have to be in by Friday.

I’m having trouble tracking down the transcripts for the case law I used in my initial defence, posted above. Does anyone have any suggestions?

Also, I have been contacted by a named person (as opposed to a generic company email) from the claimant offering a reduced amount to settle. Given that I don’t want to settle, what is the form for responding to such an email and is there an accepted way of replying to an email that begins, in bold, “without prejudice”?

Below is my attempt at a Witness Statement. As ever, all of your comments will be greatly appreciated. Thanks.

I am XXXXXXXX, Defendant in this matter. I deny liability for the entirety of the claim.

I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

Events of 5th April 2017 pertaining to this Case

1) On the 5th April 2017 at 16:04 (Exhibit X) I entered a Birmingham city centre car park driving a white Vauxhall Astra, registration MK66 YPW. I subsequently know this car park to be Albert Street carpark. I parked and upon exiting my vehicle called the RinGO pay by phone telephone service to pay for parking.

2) During the automated call I entered my credit card details and selected a duration of stay of 1 hour, costing £1.40 (20p of which is the fee for using the RinGo service). I was also asked to confirm the location code of the car park I was parked in. A car park’s unique location code is displayed on its ticket machines. I could see a ticket machine from where I was making the call (approximately 25m away) and mistakenly read and confirmed the code to be 2886. The correct code is 2880.

3) For context I submit Exhibit X, a photograph of my view of the ticket machine and car park location code taken from where I was making the call to RinGo. Exhibit X and Exhibit X show the dimensions of the sign.

4) 2886 is the location code for the immediately adjacent Fazeley Street car park, a car park that I have used in the past. Both Fazeley Street and Albert Street car parks have the same fees to park (Exhibit X and Exhibit X) and both are managed and controlled by the same company, Excel Parking Services Ltd (Exhibit X and Exhibit X).

5) Exhibit X is an aerial image of both Albert Street and Fazeley Street car parks. Exhibit X is the same image amended to show the boundary of each car park to highlight their proximity. Exhibit X is a screen grab from Google Street View that shows the proximity of each car parks entrance, no more than 10m apart.

6) After completing a small amount of shopping in the city centre I returned to my vehicle and left the car park at 16:35 (Exhibit X), 31 minutes after arriving and well within the 1 hours parking I had paid for.

Regarding Terms and Conditions.

7) The Claimant’s case, that I have failed to abide by the Terms and Conditions (T&C), turns on nothing more than the fact that I made an honest mistake when identifying the location code of Albert Street carpark, a trifle matter of mistaking a “0” for a “6” on a small sign some distance away. However, the requirement to correctly enter a car park’s location code is not explicitly stated on the signed T&C (Exhibit X) and therefore no breach occurred.

8) In any case, Excel Parking Services were aware of where my vehicle was at the time of the payment as they employ the use of ANPR cameras on Albert Street car park, “for the purpose”, according to the signs (Exhibit X), “ of ensuring compliance with the Terms and Conditions….”. They should have known then, that my vehicle couldn’t possibly be parked on car park 2886 (Fazeley Street) at the time as their own photographic evidence shows it arriving and leaving Albert Street car park.


9) Exhibit X is the tariff and Terms and Conditions (T&C) sign at Albert Street car park. It has been amended with numbers (T1-T11) for each term and condition for ease of reference in this Witness Statement.

T1
10) Exhibit X is the receipt from the transaction detailed in paragraphs 1-6. Note the vehicle registration number (MK66 YPW) entered accurately and in full and the creditor is Excel Parking Services Ltd.

11) By way of comparison Exhibit X shows a receipt from 8/4/2018. On this occasion the correct location code (2880) for Albert Street car park was used. As can be seen the creditor is again Excel Parking Services Ltd.

12) Exhibits X and X confirm that: Regardless of the car park location code, 2880 or 2886, The creditor is Excel Parking Services Ltd; the creditor was paid the fee of £1.40 for 1 hours parking (actual stay was 31 minutes) and that the vehicle registration number was entered accurately and in full. Therefore I have complied with T1.

T2
13) As I paid via a pay by phone service and not a pay and display machine, this is not applicable.

T3
14) Exhibit X is the receipt from the transaction detailed in paragraphs 1-6. Note: The beginning of the session duration is 4:07pm. Exhibit X is the ANPR record of my vehicle arriving at Albert street car park. The time show is 16:04. Therefore I have paid within 10 minutes of arriving at the car park and have complied with T3.

15) T4 – T11 are either not in dispute, are information for carpark users and/or are not relevant in this case.

16) Paragraphs 10-15 show I have complied with all of the signed Terms and Conditions and as such, no breach of contract (with Excel Parking Services Ltd) has occurred.

Regarding the Contract

17) If, under Schedule 4 of the Protection of Freedoms Act 2012, a contract does exist between myself and the owner of Albert Street car park, or those authorised by them, then it is with Excel Parking Services Ltd and not the Claimant, Vehicle Control services ltd

18) Exhibit X shows that Excel Parking Services Ltd are the creditor for payments made using the RinGo pay by phone service, not VCS.

19) Exhibit X, the entrance sign from Albert Street car park, clearly states:

[FONT=&quot]“Excel Parking Services Ltd Manage and Control This Private Car Park.” [/FONT]

20) Exhibits X and X show Excel Parking Services’ logo prominent on all carpark signage.

21) [FONT=&quot]In fact, the only mention of VCS is to be found amongst the mass of smaller print around the periphery of the Tariff/T&C sign (Exhibit x). Who are VCS?[/FONT]


I believe the facts stated in this whiteness statement are true.

Ahhhhh. Indeed.