you did take clear photos of the small print yes?

I do have it but the writing is that small my camera cant make out what it says on it.

normally I would say go and get better pictures of the sign contents but I really think that this makes the point there was no contract offered as the signage is insufficient to create one and where it is visible issnt an offer of terms of a contract but just a statement that it is for hotel patrons only. That means either no breach as you were a patron or the sign prohibits you frok being ther is you werent a patron and that isnt a genuine offer to park so no contract.

so, you defence will be

1. no breach of contract so no money cant be owed

2. sigage is prohibitive and thus isnt a genuine offer to park so any charge would be an unlawful penalty.

second point just a good example of the first. Whe you get into the detail you will use the unfair contracts terms regs and other detaisl to show that 1. isnt just 2.

Could you point me in the direction of sorting all the evidence out and where/when to submit it

I literally have no clue what to do next

that's all for later at the disclosures stage IF it ever gets that far.

just make sure you file the above defence by 4pm Friday 5th oct and never early either

not the 6th [a Saturday] as your earlier post.

you can do it via MCOL same as you did the AOS.

you did send CPR yes?

Whats cpr?

End of your post 1....

Sorry, yes i done that but haven’t had a reply yet

Good

I'm not that clever on the finer points of litigation but I do know that they are frustrating you by not supplying you with their evidence. No doubt they will try and ambush you at the court with extra rubbish which you can refuse to see

Ok,

as they havent supplied the info you can write at the beginning of your WS with all honesty that you do not believe they have the necessary permissions and place the onus on them to produce their evidence and if they dont they are not likely to get far in a hearing as it is likely to be the first thing the judge will ask to se.

If they then magic up a contract or whatever you then ask for the new evidence to be disallowed for procedural reasons.

Would i not just be able to send the evidence i have ie, the signs all turned around facing buildings inches away, hiden behind bushes ect.. and say I didn’t know about the “contract” as there was nothing stating it either in the carpark or inside the hotel restaurant/bar

The main reason they don't provide what you asked for Is that they don't have it.

If they did they would surely Send it since you would think the odds were stacked Against you then so may as well pay up and avoid

going to Court.

Of course they cannot say that they don't have them as that would mean they LIED when they first applied To join BPA or IPC since they have to agree that they Have complied with all relevant Laws and regulations.

Now the they LIED then and got away with it they find It just as easy to lie in Court too.

One can only hope That the day of reckoning will come.

As posted on another thread,

they will claim they they arent deliberately telling lies,

they are just ignorant ( to the best of my KNOWLEDGE and belief) and even reckless in making untrue statements because these arent punishable.

It will however, with a modicul of luck get their witness statements chucked out as being wholly unreliable rather then just getting torn off a strip for the wrong bits.

You will need to lay it on with a trowel in wrting to push this point,

some judges wont entertain a false statement and others will pick through the wholes and then ignore the bad bits, which allows companies like PE to continue chancing their luck.

If every case that went through court was scrutinised for such untrue statements they would quickly learn but the court system is based on believing things to be as they claim to be unless proven otherwise.

That keeps lawyers out of prison and all judges were lawyers once.

Ok guys i am going to start writing up my evidence so i can have it all ready to send in on Friday.

Anyone have a template or a sample of what i should be writing

Thanks

you have read other threads, pick out wat is relevant and post up what you have so we can comment.

you have done more than half of it already in your earleir postings.. So start off with no contract offered as signage deficient and insufficient to offer anything that was understandable. You will be indicaitngwhere your vehicle was parked and show the rubbish signage etc.

In the matter of

Parkingeye LTD (Claimant)

v

******** (defendant)

Claim no:

Witness statement of Ms *******, defendant

I am the Defendant in this matter, 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.

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. The Claimant has failed to establish keeper liability so there is no cause for action against the keeper. They have also failed to identify the driver at the time and cannot assume that they are one and the same.

2. The Defendant does not believe the Claimant has locus standi as the Claimant has failed to produce evidence of a contract with the landowner that gives them the authority to enter into contract with the pubic and to make civil claims in their own name by way of a CPR 31.14 request on the 05/19/18.

3. The Claimant has also failed to produce evidence of proof of planning permission granted for signage under the Town and Country Planning Act 2007. Therefore, the Defendant believes that the signs are placed illegally and so the Defendant cannot be held to a contract with the Claimant.

4. Signage inside the car park is not visible from the car as it is hidden behind bushes and you would only see that a sign is there after parking given the height and small size of it compared to the location. Other signs around the car park are not visible at all as they are all facing inward towards the building not allowing people to see them. See pictures 1,3,4 and 5 attached also the terms and conditions on the signage is so small you cannot read it.

5. The signage in picture 2 is the sign as you enter the premises and does not mention any conditions nor does it provide any charges for breaching the offered terms.

6. There was no breach of contract so no money can be owed

7. signage is prohibitive and thus isn't a genuine offer to park so any charge would be an unlawful penalty

This statement is true to the best of my knowledge and belief.

Signed

Dated 03/10/2018

sorry about the un legal terms I don't know they use but this is what I have got upto now

If it goes to court and they produce any evidence of what I have asked for I will ask for it to be dissallowed

Dont need legalese

But better grammar

Example..what i have asked for..that i have requested..

1st bit too up to in this WS......should go..too imho

I am not going to add that into my WS only upto the date, that was just added on to the end of my post for here

I will get rid of the top bit too

quick question as well

will my Mrs. whos the registered keeper have to go to court or can I as the driver

the claimform is in her name is it not....

Yes

hang on

are you not supposed to be writing a 2 line defence to be filed by 4pm on the 5th not a witness statement yet.

its not even been allocated to your local court yet.

neither have you have the DQ n180 yet...

I thought this was the next step

And I don’t know what a DQ n180 is

then stop jumping the gun...

read your timeline as post 1

find the 2 line defence already given here twice I think

well what a nightmare that was

I tried to log into mcol to submitt my defence it just wouldnt let me on,

I have been trying since 1:30am,

I reset my password and even called the helpline to be told I had to fill it in on the court papers I was sent and post it to the court.

Bit hard when its now 3:50 on the deadline day.

I managed to email it over as an attatchment but it was 4:03 by the time I got it sent

I just hope they take it into account that i did try everything in my power to get it sorted