Draft defence

[Mollygog]

I don’t have a printer so I was going to email them separate with the case Number name and witness statement as the subject. They haven’t actually mentioned the witness statement in the court letter. Just says any documents can be emailed to court using case number as header

[des8]

When emailing make sure you reference that there are two parts.
Don't forget to serve a copy on claimant

[Mollygog]

Ok Thank you. The claimant in his witness statement sent me a copy of the agreement between him and the Landowner. It’s a bit suspect to me as it’s dated 2014. In it he says he will supply permits for the Landowner. I have been emailing the claimant (spring parking) asking for a permit at least 10 times over a year and the answer was I’ll forward your info to the Land owner. Seems to me it wasn’t in their interest to give me a permit, rather give out PCN’s. Another thing to add to my witness statement. Thank you so much for your help very much appreciated

[des8]

interesting ... certainly something which might undermine their credibility.
However pointing out that they were devious in not giving you a permit when you requested one does indicate that you were aware of the need for a permit, and so also aware of the parking charge for parking without a permit!

[Mollygog]

I know but the contract was “in a bay with a permit” No bays and couldn’t obtain a permit, 2 signs in a 128 metre area and none at entrance, I have to take the chance

[Mollygog]

The case is virtual need to borrow a laptop or something, says 1 phone not allowed. They don’t make it easy! Thanks again

[des8]

If you are unable to attend a remote hearing by way of an electronic communication platform(eg Microsoft Teams) but are able to attend by telephone, advise the court as soon as possible.
They should arrange for the remote hearing to be held by some other method (e.g. telephone conference call) or replaced by a physical hearing.

[Mollygog]

I will try that Thank you

[Mollygog]

Since the claimant has read my witness statement stating only 2 signs and No bays,, they have sent a supplementary statement of photos of 6 signs taken 9 months after my ticket, when the designated bays were No longer mentioned on them, am I able to tell the judge this, I really don’t know what to expect on the day

[des8]

You will be able to draw the court's attention to the time lapse during the course of the hearing.

Did you not include pictures of the poor signage and lack of bays in your witness statement?

[Mollygog]

Yes, in their first witness statement they showed a sign very cropped stating designated bay, and one generic picture from a website without bay on it. I photographed the area from beginning to end, and above with google maps. the photos in the supplementary statement, shows signs fairly high on a wall, but you can’t read what they say but they definitely wasn’t there the date I got the ticket

[Mollygog]

He also included this in his witness statement
13. The following was a term of the Contract: -

“VEHICLES MUST PARK IN DESIGNATED BAYS AND DISPLAY A VALID PERMIT CLEARLY

IN THE WINDSCREEN”

14. In parking the Vehicle on the Land, the driver accepted the Contract, with the license to park being

[des8]

You are where you are

Make a list of points as an aide memoire which you can take with you to the hearing.

[Mollygog]

It’s via phone I have my list of points prepared. Thank you

[Mollygog]

I won the case this morning, Thank you so much for all your help and support, so happy it’s over!