Premier/BW ANPR PCN claimform - Overstay - Lldl & PureGym 20 Castle Bridge Rd Notts NG7 IGX - Help with WS ***Claim Dismissed****

[goofa316]

Hi,

 

I have been following a few threads on this forum and the advice given on them, however now I am stuck on how to write a witness statement.

 

I have the need to create a witness statement for my parking fine and have no idea how to do this.

 

To give some context, back in July 2019 I parked where I assumed the car park was 3 hrs, unfortunately it was 2 and my stay was 2.45 mins.

This has led to BW Legal demanding £260. 

I ignored all letters from bw legal until i received a letter from the courts,

I googled and acknowledged the court as well as sending my defence.

 

The car park previously was a free car park for 3hrs and was owned by PC World, Back in 2018 PC world left these premises and the car park remained close until around May 2019 thats when Lidl and PureGym opened up,

 

From what I can remember there were no clear signs on display informing me this car park had a max stay time of 2hrs, its a part of a retail park and usually people spend between 2-3 hrs there. Driving to the car park today there is a pretty clear sign informing drivers that its a max stay of 2 hrs but this was not present in July 2019.

 

I have checked google maps and the latest image (apart from the most recent from april 2022) is Aug 2018 and this was when the car park was blocked off, so how would i go about writing a witness statement ?

 

I see lots of statements where people are adding pics of the car park etc but unfortunately any pics I take will be from now and it is pretty clear that this is a 2hr car park. I don't have access to a Delorean which can reach speeds of up to 88 mph so time travel is out of the question

 

I have a court date of August 12 and I need to get my witness statement in before July 15, I have no idea on how to do this

 

I have come up with the following so far :

In July 2019 the approach and entrance to the car park had no clear signage stating the max car park was 2 hrs

In July 2019 at the point of entry there was no signage present , any signage with with terms and conditions was neither visible nor readable.

 

This car park had recently opened in May 2019 when new owners Lidl/Pure Gym took over, previously this car park was owned by PC World and had a 3 hr limit.

The area around Lidl/Pure Gym is part of a shopping Village with numerous shops, most people tend to spend 2-3 hrs shopping  which gives them enough time to get around the shops and restaurants.
 
Any help greatly appreciated.

 

Thanks,

Goofa
 

[goofa316]

Hi HB,

 

Thanks for the response, I have attached  particulars of claim and defense. 

 

I have been reading the threads whilst not signed in on this site and others, and have also been getting help from a friend whom you guys helped before

n1-mod.pdf

defence2 (1).pdf

[goofa316]

Hi,

 

Apologies for not reading the stickies and diving in! I have provided the info requested

 

*******

Which Court have you received the claim from ?

MCOL Northampton N1

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)
Its in post 3 above

 

Name of the Claimant :
Premier Parking Limited
48 Queensgate House
Queen Street
Exeter
Devon
EX4 3SR
 

Claimants Solicitors: (if one is stated)
BW Legal
Enterprise House
1 Apex View
Leeds
LS11 9BH
 

Date of issue – 3 Dec 2021

 

Date to submit Defence -  17/12/2021

 

What is the claim for – 

 

1.The claim is for the sum of £117.70 being due from the defendant in respect of a parking charge notice (PCN) for a contractual breach which occurred on 2/7/19 in the private car park/lat at Lidl & PureGym Nottingham - Lidl & Puregym 20 Castle Bridge Road Nottingham NG7.

2.The PCN was issued as the driver failed to comply with the terms and conditions as displayed. 

3.Despite demands, the charge remains unpaid.

 

4.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from 2/7/19 to 2/12/21 being an amount of £17.70. 

The claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

What is the value of the claim?

Amount Claimed 177.70

court fees 35.00
 
legal rep fees 50.00

Total Amount 262.70

*******

 

I have attached the CPR31:14, BW Legals response to CPR, and the letter of claim.

 

ok combined the docs into a pdf now.

letter-of-claim-combined.pdf

[goofa316]

Attached  PCN

pcn.pdf

 

I have just had a look at the retail parks website  and it does mention 3 hrs free parking. Why would a car park in the same area, advertised as the part of the same retail park allow only 2 hrs and the rest are 3hrs ? 

Castle Marina Retail Park Nottingham

WWW.CASTLEMARINASHOPPING.COM

---

Castle Marina Retail Park Nottingham | Shopping for furniture, carpets, kitchens, technology, pregnancy, mothers, children, babies | High street stores | 3 hour free parking

 

Edited July 5, 2022 by goofa316

[goofa316]

The address on the claim form is :

 

Lidl & PureGym

20 Castle Bridge Road

Nottingham

NG7

 

I have also checked the planning permission on Nottinghamshire county councils site and have attached the car park management plan for the site, on section 5.5 it mentions all car park users will be eligible to park for free for up to 2 hrs .

 

 

 

CAR_PARK_MANAGEMENT_PLAN-1361830.PDF

[goofa316]

Hi,

 

Please find attached my witness statement, please let me know if this is OK or whether it needs more work.

 

Thanks in advance.

 

 

witeness_statment_1stDraft.pdf

[goofa316]

Thanks for the advice, In regards to the governments CoP.. it seems this has been withdrawn ? 

[Withdrawn] Private Parking Code of Practice - GOV.UK

WWW.GOV.UK

---

The Code of Practice sets out the requirements that private parking operators must follow when enforcing parking restrictions in England, Scotland and Wales.

 

Should i still try to use it anyway ?

 

and No the fleecers havent sent their WS yet and no they dont have my email.

[goofa316]

Hi,

 

Thanks for the info I have modified the statement and  highlighted changes in red

 

Let me know what you think.

witness-puregym-v2.pdf

[goofa316]

Thanks again, hope you sons  feeling better!.

 

I have amended the statement and attached

witness-puregym-v3.pdf

[goofa316]

Thanks, amended and attached  with the info above,  let me know what you think

 

I am planning on emailing my final witness statement to the court just wondering whether it needs to be emailed to the fleecers as well or will snail mail do ?

 

Thanks,

witness-puregym-v4.pdf

[goofa316]

Thanks for the advice witness statement updated, Deadline is 15th July, Should I email my Witness statement to the court tomorrow morning and post to fleecers tomorrow as well ?

[goofa316]

hey guys, bwlegal have sent their witness statement, I have scanned in their response. They have sent images where it states the car park is 3 hrs (page 31) , then another which says 2hrs (page 33)

 

Please let me know whether I need to modify my witness statement in relation to anything thing they have sent.

 

 

fleecers_witness2_compressed.pdf

[goofa316]

MSe site was used for my defence way back in December before i was aware of this site.

 

Any letter of claim that was sent by the courts has been responded to and responses sent to both court and bwlegal. The request for cpr was sent in December and a response was received at the end of March.

Snail mail used for all responses, no recorded just normal post.

[goofa316]

So anything sent from premier park or bw legal I did not answer.

[goofa316]

hey no worries, i really appreciate the help and advise. I have attached the amended WS (highlighted in red the changes and additions)

witness-puregym-v5.pdf

[goofa316]

thanks again, I have added a supplemental bit at the end, section 7 is that ok ? The WS is due by 1600 today. Anything else I need before I email the courts and post this out to the fleecers ?

witness-puregym-v6.pdf

[goofa316]

tried to tidy it up a little, let me know what you think

witness-puregym-v7.pdf

[goofa316]

thanks... amended and attached, 

witness-puregym-v8.pdf

we good to go ?

[goofa316]

ok, amended with the correct spelling and title,  we good to post ?

[goofa316]

ah yes it is  thanks

[goofa316]

Damn, i emailed court and snailed fleecers but had never heard of free proof of posting until now So dont have it.. is it worth posting again and getting the proof or is it ok ?

[goofa316]

I just received this from the fleecers..

 

She is asking the court to retract the image of the signage which states 3hrs free parking. as she sent it in error...

 

The case is tomorrow at 10am,  Is there anything else I need to do ?

 

Thanks

bwlegalp1-combined.pdf

[goofa316]

just got out of the virtual court, lasted over an hr!

 

So bwlegals rep tried to disregard my witness statement because they didn't receive it until the 4th August,  Judge  asked me when it was posted, told him 15th, he asked why it wasn't posted before that to ensure it go to the solicitors on time, basically told him I am defending myself, im not a solicitor and to put my defense together takes time and i only relieved bwlegals response on the 14th , and I did email the court on the 15th once I had completed it.. Judge was happy with response 1-0 to me

 

Then the solicitor went on a spree about all the appendices... images etc and to disregard the 3 hr  images and use the new witness statement, I asked to speak and pretty much nailed it with lookinforinfo's response

 

Solicitor asked me whether I agree that the parking is 2 hrs or not, i said in July 2019 I would have said no, its 3 hrs like the rest of the retail park. He asked did you read the signage, I said no.. i have parked in the retail park all the time and its been 3 hrs, i referred them to the website which states puregym is part of castle marina retail and it states 3hrs, solicitor gave some bs and asked to disregard that as its third party.. 

 

Then the judge had his final say.. and to be honest it felt like being in the apprentice board room.. one minute i'm like crap this isn't looking good, then its like.. oh this looks good.. then its like oh crap i've lost... summing up Judge said the images provided by the claimant provide no help whatsoever, you can't even read the images.. The 3 hr parking image is legit, if you look at it closely it is  a proper sign and not a dummy image like BWlegal were claiming (tbh i didnt notice that) There are no images of the car park signage on the date of the overstay.. so claim failed!!

 

I WIN !

 

Well i should say we win, I could not have done this without you guys huge thanks for everyone who helped   and i'll make a donation to this site to help others

 

[goofa316]

oh should also mention the solicitor tried to appeal, but judge said based on the facts theres no basis for an appeal.. DENIED!