*WON* 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

[des8]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Regarding lighting:
PE are members of BPA.
The BPA logo is on their signs.
As such they have a code of practice which is imported into any contract.
Regarding the lighting of signs the code states at Appedix B:

"Signs should be readable and understandable at all times,including during the hours of darkness or at dusk if and whenparking enforcement activity takes place at those times. Thiscan be achieved in a variety of ways such as by direct lighting orby using the lighting for the parking area. If the sign itself is notdirectly or indirectly lit, we suggest that it should be made of aretro-reflective material similar to that used on public roads anddescribed in the Traffic Signs Manual."

I would not delete the section regarding the illegibility of signs.

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

I've read this on Citizens Advice 'A lay representative has the right to speak on behalf of a party at the final hearing, but only if that party attends the hearing.'

If at my hearing there is a legal representative for Parking Eye but nobody from the company itself. Could I ask the judge to cancel that representation? (if that is the correct terminology lol) x

[des8]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

No. A qualified person (eg a solicitor) can represent a party in court without the presence of said party. A "LAY Representative"(ie not qualified) is a different animal.
PE will have a representative from"legal Guns for Hire" aka "LPC"
There have been successful challenges to the right of these people to represent PE,and to have right of audience but few and far between.
Here's one report: http://parking-prankster.blogspot.co...eason-not.html
and an article by a district judge on the matter: http://www.lawgazette.co.uk/law/righ...99.fullarticle

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Ive never been to court before so i dont know how this works...

If the PE rep is an 'agent' then do i ask the judge to look at his credentials to have the right of audience? or just stay quiet because the judge might think im telling him how to do his job? xxx

[des8]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

At the start you can raise the matter of LPC's right of audience, and explain briefly why you do not think they have that right.
The judge is unlikely to slap you down, and as you will presumably be a LIP he will probably explain why he doesn't agree with you!
Just don't argue with him over the point!
But you never know ... he/she might agree

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Reading my Directions it say 'Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand.'

So everything i have gained from you experts won't be allowed to be used in court unless I tell them i have used legal beagles?

[mystery1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Expert witness are people such as doctors, when talking about medical conditions or forensics talking about DNA, that sort of thing. Qualified people taking about their field of practice.

A computer geek who is self taught would probably not qualify as an expert most of the time unless they wrote books etc.

Neither side, here, will have expert witnesses.

M1

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Regarding lighting:
PE are members of BPA.
The BPA logo is on their signs.
As such they have a code of practice which is imported into any contract.
Regarding the lighting of signs the code states at Appedix B:

"Signs should be readable and understandable at all times,including during the hours of darkness or at dusk if and whenparking enforcement activity takes place at those times. Thiscan be achieved in a variety of ways such as by direct lighting orby using the lighting for the parking area. If the sign itself is notdirectly or indirectly lit, we suggest that it should be made of aretro-reflective material similar to that used on public roads anddescribed in the Traffic Signs Manual."

I would not delete the section regarding the illegibility of signs.

The code is not the law; the law is the law. If Penny wants to use the benefit of the code, fine, but Parking Eye will argue that's fine, but it's not the law of contract.

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Wow... Open Law I am speechless! :_melt__by_darkmoon3
I thank you unreservedly for such a detailed post :wub:

Just as a side question to all...my directions state: Each party must deliver to the other party and court copies of all documents on which that party intends to rely at the hearing.

Im thinking of creating a word document saying i will be relying on the following court cases:

a) http://www.lawgazette.co.uk/law/righ...99.fullarticle
b) UKPC v Mr M Case Case B6QZ4H3R
c) Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 (CA)
d) Energy Venture Partners Ltd v Malabu Oil and Gas 2013
etc etc...

Or Do i need to copy and paste the full case files onto a word document and then post it to both parties? (If it is this latter option then does anyone know a good website where I can get these cases?) xxx

[charitynjw]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hi Penny1

Try BAILII

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Ooh excellent website :goodjob:

So what you are saying is the quick bulleted way is not going to be acceptable?

and my final question is: Will the judge not be annoyed at getting a document with loads of case judgements in it?

Last thing i want to do is start off on the wrong foot with the judge....

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Wow... Open Law I am speechless! :_melt__by_darkmoon3
I thank you unreservedly for such a detailed post :wub:

Just as a side question to all...my directions state: Each party must deliver to the other party and court copies of all documents on which that party intends to rely at the hearing.

Im thinking of creating a word document saying i will be relying on the following court cases:

a) http://www.lawgazette.co.uk/law/righ...99.fullarticle
b) UKPC v Mr M Case Case B6QZ4H3R
c) Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 (CA)
d) Energy Venture Partners Ltd v Malabu Oil and Gas 2013
etc etc...

Or Do i need to copy and paste the full case files onto a word document and then post it to both parties? (If it is this latter option then does anyone know a good website where I can get these cases?) xxx

Penny my advice is only use case law as you explain things and not as an appendix or bibliography etc. Law students set out the law and apply it to facts (i have done for you) - this is normal. They produce bibliography in order of priority ie 1) list of all cases used; 2) journal articles; 3 text books etc.. This: "[1971] 2 QB 163" (neutral citation) is used to find the actual judgement on say BAILII. If the citation has LR after the year it means Law Reports so it's not likely available on BAILII etc. QB = Queens Bench. Use a word document and number the pages and paragraphs. Stay to the point and write it as concisely as you can.

[Amethyst]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Penny, I've moved the discussion about Beavis off of your thread so as not to detract from your issue further xxx

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Thank you. I was getting confused with all the technical stuff.
So for clarification the points I will use are:

1. Trespassing.
2. Principal cancelling
3. Darkness
4. Oral permission
5. Incorporation (yes or no?)

Additional information for benefit of judge:
1.
a) Beavis v Parking Eye
b) UKPC v Mr M Case Case B6QZ4H3R
c) Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 (CA)
d) Energy Venture Partners Ltd v Malabu Oil and Gas 2013
etc etc

(Any additional paragraphs I want can be taken from the bailii website)

2. a) http://www.lawgazette.co.uk/law/righ...99.fullarticle
b)http://parking-prankster.blogspot.co...-court-no.html
etc etc

3. (No books used)

That is the way im thinking of going. Is this correct? or have I misunderstood? x

[Kati]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

I'm sure [MENTION=5354]mystery1[/MENTION] will be back on here later [MENTION=86691]Penny1[/MENTION] :nod: xx