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  • FIRST POST
    • stetheo
    • By stetheo 2nd Oct 17, 4:08 PM
    • 11Posts
    • 6Thanks
    stetheo
    Another Gladstone court case
    • #1
    • 2nd Oct 17, 4:08 PM
    Another Gladstone court case 2nd Oct 17 at 4:08 PM
    Hello all,

    First off just wanted to say thanks in advance to everyone who offers help on this forum it has helped me greatly in forming my defence up to this point.

    I am now at the point where I have filed my defence, had my case referred to my local court and need to submit my WS/evidence.

    I have spent hours reading and trawling through all the on-going and completed cases this year.

    Yet again I have had the wonderful experience of dealing with Gladstone...

    I have tried to include a link to all of my docs but I am not allowed as a new user - not really sure what to do as if I include my defence/WS/letters this post will be very long so I may try adding in a second post on the thread.

    Background:
    Earlier this year I received a letter from ES Parking Enforcement for 'Exceeding maximum allocated or pre-paid time'.

    I thought that's interesting as I have always purchased parking tickets, so chose to ignore it.

    Anyway I went about my life and time went on. After only receiving this one letter I really didn't think anything of it, however one day I came home and to a LBC from Gladstone Solicitors, which gave me very little detail and was rather vague. At this point I thought OK, action is required. Jumped online and basically read through the entire NEWBIES thread and various other cases. I rummaged through the car and actually found the parking ticket from the date they had specified I had broken contract so took pictures of said ticket.

    I responded back to them acknowledging allowing me to have a further 14 days to construct a with a full response requesting further information around their claim. I heard nothing.

    Less than a week later I received a CC Claim form, so I went online acknowledged and got the additional 14 days to write my defence. I used this forum quite heavily to help form a response but at this point was confident so didn't want to start a new thread.

    I had the ticket for the date and included the picture of this in my defence. I thought this would be fairly straight forward.

    I have then heard back and refused mediation and got the case transferred to my local court, knowing full well all along this would more than likely be the outcome.

    The here and now

    I will be honest I had actually forgotten about it as I have been away for most of September.

    However I am back and have pulled together my WS and looking for it to be critiqued, again which can be accessed in the link above.

    Now, the reason for posting is I am currently going through a move and have cleared out EVERYTHING, so you guessed it. Accidentally in my haste I have binned the parking ticket from that day, so all I actually have is a picture of it.

    I haven't currently included it in my WS as I can no longer refer to it as evidence, which in turn has made me a little nervous for court as that was the back bone of my argument. Putting aside the lack of ability to follow procedure by Gladstones.

    So whilst I would really appreciate any feedback on my WS, I would also like advice on where I stand with the use of a picture - I imagine I don't, hence the exclusion?

    I have read some people have used skeleton arguments and others haven't, would this be something I should compile as part of the pack I will send/take to the court?

    The only issue I haven't even considered yet is the claimant representation on the day, should that be done now or can that be included in the preliminary matters handed over on the day?

    Again, thanks in advance - I hope I have read enough and constructed thorough enough defences. Worst case I'll have to pay but at least I've tired to fight them!

    Cheers
    Stephen
Page 1
    • stetheo
    • By stetheo 2nd Oct 17, 4:11 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    • #2
    • 2nd Oct 17, 4:11 PM
    • #2
    • 2nd Oct 17, 4:11 PM
    I can't post links still so here is my WS:

    WITNESS STATEMENT

    I, XXXX of XXXXX, 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. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and as this is a shared vehicle it is impossible to recall who might have been driving.

    2. The Defendant denies being the driver at the time of the supposed event, and therefore puts ES Parking to strict proof that any contract can exist between the Claimant and themselves.

    3. At the time of the alleged incident, the insurance covered more than one family member, who I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case. (Exhibit A – insurance doc proving multiple people)
    4. I rely upon the words of barrister and parking expert Lead Adjudicator for PATAS and
    POPLA, Henry Michael Greenslade, where he clarified in the POPLA Annual Report
    2015 in a heading: 'Understanding Keeper Liability' (of which I have included a copy in
    my document bundle) that a private parking operator must never presume that a
    keeper is the driver. (Exhibit B - popla 2015 report)

    5. The Claimant has not complied with the pre-court protocol. There have been no Particulars of Claim or initial information sent to the defendant.

    6. I'd refer the court to Para 4 on non-compliance and sanction, and I'd also point out
    that there can be no reasonable excuse for the Claimant's failure to follow the Pre-
    action Conduct process, especially bearing in mind that the Claim in being handled by Gladstones who are a firm of solicitors.

    7. As Gladstones are a firm of solicitors whose Directors also run the IPC Trade
    Body and deal with private parking issues every single day of the week there can
    be no excuse for these omissions.

    8. The defendant wrote to the claimant on 05/05/2017 (exhibit B – letter asking for details).

    The claimant did not respond.

    9. Withholding any relevant photos of the car, particularly the full view of the
    windscreen and the signage terms, despite being asked for by the defendant at the
    outset, is against the SRA code as well as contrary to the ‘overriding objective’ in the
    pre action protocol.

    10. I also point out to the presiding judge that the claimant has not supplied any
    evidence at all that the alleged contravention ever occurred. Despite a request for more
    detailed evidence. There is no evidence to prove that the defendant had exceeded the maximum allocated or pre-paid time.

    11. The signage was inadequate to form a contract with the motorist (Exhibit C – photograph of signage).

    12. The warning signs above the ticket machine are so high up that only a person of above average height would be able to read and they also face away from the ticket machine so cannot clearly be seen. (Exhibit D – photograph of machine and signage)

    13. The signage was inadequate to form a contract with the motorist because it is barely
    legible, making it difficult to read. Part E, Schedule 1 of the Code of Practice of the
    Independent Parking Committee (of which ES is a member), clearly states that “Text
    should be of such a size and in a font that can be easily read by a motorist having
    regard to the likely position of the motorist in relation to the sign.” As can be seen from
    the attached photographic evidence (Exhibit E) this is not the case.

    14. The driver did not enter into any 'agreement on the charge', no consideration flowed between the parties and no contract was established.


    15. The Defendant denies that the driver would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible.

    15. The ticket machine only specifies that a ticket should be displayed in the windscreen.
    (Exhibit F) As this machine does not issue adhesive tickets it is usual to secure the
    ticket on a visor in full view behind a thin elastic band.

    16. The claimant failed to send a copy of their written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A). No indication is given as to the Claimants contractual authority to operate there as required by the Claimants Trade Association's Code of Practice B1.1 which says

    1.1 If you operate parking management activities on land which is not owned by you, you must supply us with written authority from the land owner sufficient to establish you as the ‘Creditor’ within the meaning of the Protection of Freedoms Act 2012 (where applicable) and in any event to establish you as a person who is able to recover parking charges. There is no prescribed form for such agreement and it need not necessarily be as part of a contract but it must include the express ability for an operator to recover parking charges on the landowner’s behalf or provide sufficient right to occupy the land in question so that charges can be recovered by the operator directly. This applies whether or not you intend to use the keeper liability provisions.


    17. Where there is a relevant pre-action protocol, the parties should comply with that
    protocol before commencing proceedings. Where there is no relevant pre-action
    protocol, the parties should exchange correspondence and information to comply with
    the objectives in paragraph 3, bearing in mind that compliance should be
    proportionate. The steps will usually include—
    (a) the claimant writing to the defendant with concise details of the claim. The letter
    should include the basis on which the claim is made, a summary of the facts, what the
    claimant wants from the defendant, and if money, how the amount is calculated;
    (b) the defendant responding within a reasonable time - 14 days in a straight forward
    case and no more than 3 months in a very complex one. The reply should include
    confirmation as to whether the claim is accepted and, if it is not accepted, the reasons
    why, together with an explanation as to which facts and parts of the claim are disputed
    and whether the defendant is making a counterclaim as well as providing details of
    any counterclaim; and
    (c) the parties disclosing key documents relevant to the issues in dispute.

    Step a was not completed by Gladstone solicitors.

    18. The claimant has not provided Particulars of Claim to file a full
    defence. In particular, the full details of the contract that it is alleged was broken
    have not been provided.
    1. The Claimant has disclosed no cause of action to give rise to any debt.
    2. The Claimant has stated that a parking charge was incurred.
    3. The Claimant has given no indication of the nature of the alleged charge.


    The Claimant has therefore disclosed no cause of action.

    19. There is no information regarding why the charge arose, what the original charge
    was, what the alleged contract was nor anything that could be considered a fair
    exchange of information.

    20. On the 20th September 2016 another relevant poorly pleaded private parking
    charge claim by Gladstones was struck out by District Judge Cross of St Albans
    County Court without a hearing due to their ‘roboclaim’ particulars being
    incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could give
    rise to any apparent claim in law.’

    21. On the 27th July 2016 DJ Anson sitting at Preston County Court ruled that the very
    similar parking charge particulars of claim were deficient and failed to meet CPR 16.4
    and PD 16 paragraphs 7.3 – 7.6. He ordered the Claimant in that case to file new
    particulars which they failed to do and so the court confirmed that the claim be struck
    out.

    22. The Claimants are known to be serial issuers of generic claims similar to this one. HM Courts Service have identified over 1000 similar sparse claims. I believe the term for such behaviour is roboclaims and as such is against the public interest.

    Practice Direction 3A which references Civil Procedure Rule 3.4 illustrates this point:

    7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

    23. I also dispute that the Claimant has incurred £50 solicitors costs to pursue an alleged
    £100 debt, the costs of which are in any case not recoverable

    24. The claimant described the charge of £50 as ‘legal fees’ not ‘contractual costs’ CPR
    .14 does not permit these to be recoverable in the Small Claims Court

    25. The Protection of Freedom Act Para 4(5) states that the maximum sum that may be
    recovered from the keeper is the charge stated on the Notice to Keeper.

    26. ES Parking Enforcements are not the lawful occupier of the land. I have the
    reasonable belief that they do not have the authority to issue charges on this land in
    their own name and that they have no rights to bring this case.


    27. The Claimant is not the landowner and is merely an agent acting on behalf of the
    landowner and has failed to demonstrate their legal standing to form a contract.

    28. The Claimant is put to proof that it has sufficient interest in the land or that there are
    specific terms in its contract to bring an action on its own behalf. As a third party agent,
    the Claimant may not pursue any charge. I have the reasonable belief that they do not
    have the authority to issue charges on this land in their own name and that they have
    no right to bring action regarding this claim.

    29. I would like to point out that as this car park does not offer a free parking period the ParkingEye v Beavis and Wardley case does not apply (ParkingEye v Cargius case)

    I believe that the facts stated in this Witness Statement are true.



    Signed


    Dated
    • IamEmanresu
    • By IamEmanresu 2nd Oct 17, 5:04 PM
    • 1,819 Posts
    • 3,212 Thanks
    IamEmanresu
    • #3
    • 2nd Oct 17, 5:04 PM
    • #3
    • 2nd Oct 17, 5:04 PM
    'Exceeding maximum allocated or pre-paid time'.
    Where have you or the driver via you, denied the principle accusation of not paying for enough time.

    Its a simple accusation and a simple rebuttal.

    There is a great transcript floating about where a judge just hones in on the key issue (as they do) and wonders WTF (in legal jargon) why the defendant doesn't just answer the question "...was there a breach?"

    IMHO this technical stuff doesn't cut it in front of most judges.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • stetheo
    • By stetheo 2nd Oct 17, 5:12 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    • #4
    • 2nd Oct 17, 5:12 PM
    • #4
    • 2nd Oct 17, 5:12 PM
    It was in my defence along with a photograph of the parking ticket that covered the stated date and time of the alleged breach.

    But as I also mentioned, I've since binned the ticket so that's why it's no longer in my WS as I can't prove I did pay for enough time (other than the existing photograph I have).
    • IamEmanresu
    • By IamEmanresu 2nd Oct 17, 5:17 PM
    • 1,819 Posts
    • 3,212 Thanks
    IamEmanresu
    • #5
    • 2nd Oct 17, 5:17 PM
    • #5
    • 2nd Oct 17, 5:17 PM
    Put it in your WS then and say that the claimant's own evidence will show this.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Redx
    • By Redx 2nd Oct 17, 5:18 PM
    • 16,936 Posts
    • 21,065 Thanks
    Redx
    • #6
    • 2nd Oct 17, 5:18 PM
    • #6
    • 2nd Oct 17, 5:18 PM
    you can still add the photograph as an evidence exhibit , parking companies use photos all the time for various reasons , nothing wrong with a photo of the ticket being referenced in a WS and submitted in evidence
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • stetheo
    • By stetheo 2nd Oct 17, 5:30 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    • #7
    • 2nd Oct 17, 5:30 PM
    • #7
    • 2nd Oct 17, 5:30 PM
    Ok thanks! For some reason I thought that I wouldn't be able to use the photograph I have.

    Will add that in as one of the opening statements

    Cheers
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 6:45 PM
    • 51,818 Posts
    • 65,457 Thanks
    Coupon-mad
    • #8
    • 2nd Oct 17, 6:45 PM
    • #8
    • 2nd Oct 17, 6:45 PM
    I rummaged through the car and actually found the parking ticket...so took pictures of said ticket.
    So what is their case? Are they saying you were 5 minutes after expiry, or 25 mins, or what?
    Last edited by Coupon-mad; 02-10-2017 at 8:23 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • stetheo
    • By stetheo 2nd Oct 17, 7:27 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    • #9
    • 2nd Oct 17, 7:27 PM
    • #9
    • 2nd Oct 17, 7:27 PM
    I'm not actually sure as the only letters I have received were; one demanding £125 and on that it states reason of issue: exceeding maximum allocated or pre-paid time and a letter from Gladstone just demanding money or they are taking me to court.

    So I've never actually received anything stating the amount of time that was exceed over the maximum allocated or pre-paid time
    Last edited by stetheo; 02-10-2017 at 8:37 PM.
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 8:08 PM
    • 51,818 Posts
    • 65,457 Thanks
    Coupon-mad
    I'm not actually sure as the only letters I have received were; one demanding £125 and on that it states reason of issue: exceeding maximum allocated or pre-paid time and a letter from Gladstone just demanding money or they are taking me to court.

    So I've never actually received anything to give me further details.
    Originally posted by stetheo
    Right, so where in your WS do you say that (I couldn't see it)? Really important you say how little evidence and facts have been shown to you, such that you have no idea what you are meant to be defending.

    Spell it out and use your evidence photo of the parking ticket you paid for, honestly you must say what this is about and use your evidence. You could lose half that WS, it's very wordy!

    The only issue I haven't even considered yet is the claimant representation on the day, should that be done now or can that be included in the preliminary matters handed over on the day?
    You mean Rights of Audience?

    Bring the paperwork and Law Gazette Article (referenced by the Parking Prankster in his blog about this) with you, and get there early and hand over to the Court Usher your Preliminary Matters document saying you firstly wish to challenge the RoA of the other side's representative, so could the Preliminary Matters document please be passed to the Judge for the initial point to be raised at the hearing.

    I think Lamilad has a link to a RoA 'Prelim' argument; it's not something I keep up my sleeve.
    Last edited by Coupon-mad; 02-10-2017 at 9:22 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • stetheo
    • By stetheo 2nd Oct 17, 8:20 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    Thanks for your speedy response, reading back I haven't directly said it but I thought it was covered in the following points:

    5. The Claimant has not complied with the pre-court protocol. There have been no Particulars of Claim or initial information sent to the defendant.

    8. The defendant wrote to the claimant on 05/05/2017 (exhibit B – letter asking for details).

    The claimant did not respond.

    10. I also point out to the presiding judge that the claimant has not supplied any
    evidence at all that the alleged contravention ever occurred. Despite a request for more
    detailed evidence. There is no evidence to prove that the defendant had exceeded the maximum allocated or pre-paid time.

    18. The claimant has not provided Particulars of Claim to file a full
    defence. In particular, the full details of the contract that it is alleged was broken
    have not been provided.
    1. The Claimant has disclosed no cause of action to give rise to any debt.
    2. The Claimant has stated that a parking charge was incurred.
    3. The Claimant has given no indication of the nature of the alleged charge.

    Reading back through I haven't been as straight forward in saying how little evidence and facts have been shown to me and that you have no idea what I am meant to be defending.
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 8:27 PM
    • 51,818 Posts
    • 65,457 Thanks
    Coupon-mad
    You need to edit post #9 quickly. You are saying too much here on the forum, about who was driving.

    Your defence is written as keeper, so stay that way here, unless you accidentally blabbed about that when including the ticket photo. Hope you didn't, but you are saying too much here!

    But you need to be VERY clear that you have never been told what exactly you are defending/what the alleged 'overstay' or underpayment even was. This causes detriment to a defendant who wishes to use the BPA Code of Practice about 'Grace Periods' but hasn't even been told the number of minutes alleged, or any facts relating to the allegation.
    Last edited by Coupon-mad; 02-10-2017 at 8:30 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • stetheo
    • By stetheo 2nd Oct 17, 8:35 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    Thanks!

    No I just stated a valid ticket was displayed for the date indicated on the court proceedings.

    Ok I will amend the WS accordingly now. Am I ok to add that in as its own point right at the beginning as essentially it's the most important point for building the rest of my defence without specifics

    I am also going to cut it down, as when I read back through it now it is very wordy and some points are very similar
    Last edited by stetheo; 02-10-2017 at 8:40 PM. Reason: additional info
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 8:49 PM
    • 51,818 Posts
    • 65,457 Thanks
    Coupon-mad
    Am I ok to add that in as its own point right at the beginning as essentially it's the most important point for building the rest of my defence without specifics
    Yes I would do that, I agree. Then remove the repetition and some of the generic stuff.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • KeithP
    • By KeithP 2nd Oct 17, 8:58 PM
    • 4,774 Posts
    • 3,127 Thanks
    KeithP
    You need to edit post #9 quickly. You are saying too much here on the forum, about who was driving.
    Originally posted by Coupon-mad
    And C-M, having quoted post#9, you need to edit post#10.
    .
    • stetheo
    • By stetheo 2nd Oct 17, 9:18 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    Thanks for the help and TIA!

    I've added in a very concise first couple of points and re-ordered the WS.

    I have cut a considerable amount out, is that enough or should I cut it down further?

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

    1. The defendant has received no information from the Claimant stating facts around exactly what the alleged 'overstay' or underpayment was.

    2. A ticket was paid for a displayed on the date of the alleged overstay or underpayment (Exhibit A – photo of pay and display ticket).

    3. The Claimant has not complied with the pre-court protocol, as the claimant has not provided any Particulars of Claim or initial information containing the facts to the defendant, so the defendant has no basis to file a full defence. In particular, the full details of the contract that it is alleged was broken have not been provided.

    4. I'd refer the court to Para 4 on non-compliance and sanction, and I'd also point out
    that there can be no reasonable excuse for the Claimant's failure to follow the Pre-
    action Conduct process, especially bearing in mind that the Claim in being handled by Gladstones who are a firm of solicitors.

    5. As Gladstones are a firm of solicitors whose Directors also run the IPC Trade
    Body and deal with private parking issues every single day of the week there can
    be no excuse for these omissions.

    6. The defendant wrote to the claimant on 05/05/2017 (exhibit B – letter asking for details).

    The claimant did not respond.

    7. The claimant has not supplied any evidence at all that the alleged contravention ever occurred. Despite a request for more detailed evidence. There has been no evidence provided at any point to prove that the defendant had exceeded the maximum allocated or pre-paid time.

    8. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and as this is a shared vehicle it is impossible to recall who might have been driving therefore puts ES Parking to strict proof that any contract can exist between the Claimant and themselves. (Exhibit B – insurance doc proving multiple people)

    9. I rely upon the words of barrister and parking expert Lead Adjudicator for PATAS and
    POPLA, Henry Michael Greenslade, where he clarified in the POPLA Annual Report
    2015 in a heading: 'Understanding Keeper Liability' (of which I have included a copy in
    my document bundle) that a private parking operator must never presume that a
    keeper is the driver. (Exhibit C – Popla report)

    10. The signage was inadequate to form a contract with the motorist because it is barely
    legible, making it difficult to read. Part E, Schedule 1 of the Code of Practice of the
    Independent Parking Committee (of which ES is a member), clearly states that “Text
    should be of such a size and in a font that can be easily read by a motorist having
    regard to the likely position of the motorist in relation to the sign.” As can be seen from
    the attached photographic evidence (Exhibit D) this is not the case.


    11. The warning signs above the ticket machine are so high up that only a person of above average height would be able to read and they also face away from the ticket machine so cannot clearly be seen. (Exhibit E – photograph of machine and signage)


    12. The Defendant denies that the driver would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible.

    13. On the 20th September 2016 another relevant poorly pleaded private parking
    charge claim by Gladstones was struck out by District Judge Cross of St Albans
    County Court without a hearing due to their ‘roboclaim’ particulars being
    incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could give
    rise to any apparent claim in law.’

    14. The Claimants are known to be serial issuers of generic claims similar to this one. HM Courts Service have identified over 1000 similar sparse claims. I believe the term for such behaviour is roboclaims and as such is against the public interest.

    Practice Direction 3A which references Civil Procedure Rule 3.4 illustrates this point:

    7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

    15. The claimant described the charge of £50 as ‘legal fees’ not ‘contractual costs’ CPR
    .14 does not permit these to be recoverable in the Small Claims Court

    16. The Protection of Freedom Act Para 4(5) states that the maximum sum that may be
    recovered from the keeper is the charge stated on the Notice to Keeper.

    17. ES Parking Enforcements are not the lawful occupier of the land. I have the
    reasonable belief that they do not have the authority to issue charges on this land in
    their own name and that they have no rights to bring this case.

    I believe that the facts stated in this Witness Statement are true.



    Signed


    Dated
    • stetheo
    • By stetheo 19th Oct 17, 5:47 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    Hi all,

    Just another quick questions, I received the WS from Gladstones and a lot was standard stuff.

    However they have provided me with they contract to operate on the land, and in turn, 'ticket' offending vehicles. However the agreement they have sent through was out of date when they issued my ticket.

    Obviously only seeing this in their WS I wasn't able to include this in my defence, although I did reference requesting this information from them months ago.

    Can I include any reference to this in my skeleton argument? I've been searching the forum but cannot seem to find anything around this ( I may not be searching the correct terms).

    Thanks in advance
    • Redx
    • By Redx 19th Oct 17, 6:04 PM
    • 16,936 Posts
    • 21,065 Thanks
    Redx
    if you asked for it months ago and its only just been provided , you can mention it in the witness statement by starting it with mentioning that in the defence the claimant was asked to provide all paperwork and now that you have it you note that the contract had expired on the date in question

    you can even upload it as part of the evidence at the same time , seeing as you are at WS and evidence stage
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • stetheo
    • By stetheo 19th Oct 17, 6:38 PM
    • 11 Posts
    • 6 Thanks
    stetheo
    Thanks for your reply, I'm actually past the WS stage. I received the WS from Gladstones on the very last day it was able to be submitted.

    Due in court tomorrow
    • Redx
    • By Redx 19th Oct 17, 6:44 PM
    • 16,936 Posts
    • 21,065 Thanks
    Redx
    so tell the judge that and state you have not been given time to deal with the late paperwork and that they should take note seeing as its the evidence from the claimant that proves your point
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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