CCJ - Parking Control Management

[mystery1]

Re: CCJ - Parking Control Management

Ok, i've had a look back and we did send in a witness statement and they did send their bundle.

I'll be back later once i've had another look and done a few other things.

M1

[mystery1]

Re: CCJ - Parking Control Management

Firstly - Object to any evidence which does not relate to the particulars of claim (aka pleadings aka statement of case). If the judge agrees - win. If they don't give it up or you'll annoy the judge.

2nd - http://parking-prankster.blogspot.co...-contract.html is what the case boils down to. Read and read and read until you know this off by heart, Take notes. Should the judge refuse permission to make these arguments as your defence doesn't mention it, "their statement of case doesn'tmention any of the arguments they are putting forward either." (sounds childish but is 100% accurate and if they aren't with you by now it won't matter if they see it as off because they'll have decided you've lost already)

3rd - The landowner contract - 10 mins drop of around the station area. Does this have any application to this case ?

4th - The contract is dated 2012 and mentions the BPA. PCM are no longer members https://www.theipc.info/aos-members/p and haven't been since 2014 ! is the contract valid ? The evidence suggests not.

Print all cases and exhibits you want to use 3 times and form 3 indexed bundles. Only highlight stuff on your copy.

M1

[emanresu]

Re: CCJ - Parking Control Management

Could [MENTION=5354]mystery1[/MENTION] drop me a line on this one.

[HelpCCJ]

Re: CCJ - Parking Control Management

thanks for the advice. Tomorrow is the day so I better get things prepared today.

in terms of the 3 indexed bundles, I was a bit confused as to how to do this. Any advice or guidance would be appreciated.

are the 3 copies for myself, the claimant and the judge ? What is the best way to go about 'indexing'

[HelpCCJ]

Re: CCJ - Parking Control Management

Just a quick question on the 2nd point below. That article relates to a case where no offer of parking was offered. In my case, parking was offered for 20 mins but my car was stopped on a double yellow, albeit for 15 seconds.

So would the 2nd point here not relate to my case?


QUOTE=mystery1;693547]Firstly - Object to any evidence which does not relate to the particulars of claim (aka pleadings aka statement of case). If the judge agrees - win. If they don't give it up or you'll annoy the judge.

2nd - http://parking-prankster.blogspot.co...-contract.html is what the case boils down to. Read and read and read until you know this off by heart, Take notes. Should the judge refuse permission to make these arguments as your defence doesn't mention it, "their statement of case doesn'tmention any of the arguments they are putting forward either." (sounds childish but is 100% accurate and if they aren't with you by now it won't matter if they see it as off because they'll have decided you've lost already)

3rd - The landowner contract - 10 mins drop of around the station area. Does this have any application to this case ?

4th - The contract is dated 2012 and mentions the BPA. PCM are no longer members https://www.theipc.info/aos-members/p and haven't been since 2014 ! is the contract valid ? The evidence suggests not.

Print all cases and exhibits you want to use 3 times and form 3 indexed bundles. Only highlight stuff on your copy.

M1[/QUOTE]

[mystery1]

Re: CCJ - Parking Control Management

http://www.johnantell.co.uk/how-to-c...t-trial-bundle

Bear in mind your not trying to get an award from Nobel. It's all about having information to hand for yourself and the judge. Only include relevant stuff.

I would also prepare a list of your costs.

https://www.justice.gov.uk/courts/pr...s/part27#27.14 and https://www.justice.gov.uk/courts/pr.../pd_part27#7.1

and if you win make sure ask for costs.


(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person

Payslips or holiday confirmation or requests as evidence are sometimes required.


Pay close attention to "(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably" £19 per hour if the judge agrees they were unreasonable."

All attempts to get information being rebuffed etc





Should you lose, ask for permission to appeal based on the fact that you believe the sign forbids parking and cannot offer a contract as it does not have an offer capable of acceptance and there was no consideration either. (even if you are unsure if you'll appeal it's better to have and waste than not have and want)

M1

[mystery1]

Re: CCJ - Parking Control Management

Just a quick question on the 2nd point below. That article relates to a case where no offer of parking was offered. In my case, parking was offered for 20 mins but my car was stopped on a double yellow, albeit for 15 seconds.

So would the 2nd point here not relate to my case?


QUOTE=mystery1;693547]Firstly - Object to any evidence which does not relate to the particulars of claim (aka pleadings aka statement of case). If the judge agrees - win. If they don't give it up or you'll annoy the judge.

2nd - http://parking-prankster.blogspot.co...-contract.html is what the case boils down to. Read and read and read until you know this off by heart, Take notes. Should the judge refuse permission to make these arguments as your defence doesn't mention it, "their statement of case doesn'tmention any of the arguments they are putting forward either." (sounds childish but is 100% accurate and if they aren't with you by now it won't matter if they see it as off because they'll have decided you've lost already)

3rd - The landowner contract - 10 mins drop of around the station area. Does this have any application to this case ?

4th - The contract is dated 2012 and mentions the BPA. PCM are no longer members https://www.theipc.info/aos-members/p and haven't been since 2014 ! is the contract valid ? The evidence suggests not.

Print all cases and exhibits you want to use 3 times and form 3 indexed bundles. Only highlight stuff on your copy.

M1

The yellow lines are a bit of a red herring. Normal yellow lines on a public highway must be backed by a traffic regulation order. As this is private land yellow lines can only have a meaning defined by a sign. In order to read the sign you have to stop to read it.

http://www.theipc.info/uploads/vjnl0...01.10.2016.pdf

Part 11

"You must not state or imply you have any government or regulatory powers if this is
not the case."

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
Drivers must be allowed a minimum period of 10 minutes to leave a site after a prepaid
or permitted period of parking has expired.
The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid
or permitted parking does not exceed 1 hour providing that the signage on the site
makesit clear to the motorist, in a prominent font, that no grace period applies on that
land."


Aside from this, the witness statement and particulars of claim do not mention yellow lines so i wouldn't bring it up, probably.


M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Ok so I won't bring up the yellow lines. Sorry not sure if you answered and I misunderstood about point 2. That case was refering to no offer of parking but the signs from my claimant do offer parking. Does that mean I would not use the argument in point 2?

[mystery1]

Re: CCJ - Parking Control Management

"no stopping or waiting outside the lines at any time"

The only offer is made to those who wish to park. The fact is the signs attempt to cover an area larger than the bays. The bays were nowhere near the vehicle from what i see (on the other side of the street ?) therefore the signs forbade parking on that side of the street without bays.

The driver did not wish to park. In order for the contract to become effective there must an offer of parking which must be effectively communicated, consideration from both parties, and acceptance.

In Beavis it was accepted that consideration and acceptance was the parking etc and a penalty was allowed for overstaying. In your case there was no parking in the space or even a bad attempt to do so, therefore no acceptance (reading the signs and accepting), no consideration(parking) and not even an initial offer to park on the side of the street where the vehicle was. Aside from this the signs are a wall of text which one cannot physically read from a moving vehicle.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Just getting everything together now.

Do I need to produce and submit a skeleton argument in addition to the bundle I am creating?

[mystery1]

Re: CCJ - Parking Control Management

A skeleton argument is a possibility but not a requirement. In fact it's probably too late now as the judge wouldn't have time to read it beforehand.

It is however not bad that you haven't done so. The initial argument that the pleaded claim is crap would be severely weakened if you show that there is enough information to defend properly.

Instead of a written skeleton you'll just be making the same arguments in person.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

so today is the day... just a quick one about objecting to the evidence the claimant will use that's not on POCS. Do I object whilst they are giving their case or wait till they finish and say I objebt to them

[mystery1]

Re: CCJ - Parking Control Management

If it isn't too late, i would ask the judge at the beginning how they like things done.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Well that was a disaster.

Short version is I lost before I even turned up. Judge refused my defence of crap POCs. Refused to allow me to use anything that wasn't part of my defence and they only related to the pocs. Refused an adjournment to allow a proper defence and refused an appeal.

I will give full details later when I'm at a pc

[mystery1]

Re: CCJ - Parking Control Management

Well this will be interesting. How did they get to make a case that wasn't pleaded yet you were not allowed to defend it because you didn't plead it ?

Sounds very much like you were denied a fair trial on the early summary you gave.

M1