Court Claim - Horizon Parking / Gladstone Solicitors

Coupon-mad

pmj1991 wrote: »

My notice of allocation orders that
2. each party shall serve on the other party all the documents on which he relies by 4pm on 2 November 2016.
3. the parties shall exchange witness statements of fact by 4pm on 16 November 2016.

SO my initial defence I have submitted outlines all of my points on why I think I shouldn't pay / this should be thrown out.
And I was going to write a witness statement which backs up / talks about these points.
What do they mean by "all the documents"........I don't want to miss filing anything I need to file!!

For "all the documents", do I send my pictures of the area + any previous cases i am going to talk about in my WS?

Thanks again.

Yes, that's right. Read this so you know where you are & how to set out a Witness Statement (WS), you are doing fine but are pushed for time:

https://forums.moneysavingexpert.com/discussion/5546325

Also, do now take a look at Lamilad's thread for his latest version of his WS, which refers to his numbered exhibits. His thread has advice already on it about how to set the WS out and things to have as exhibits (photos of unclear signs; Schedule 4 of the POFA printed out; Henry Greenslade's compelling words from the POPLA Annual Report 2015 about 'keeper liability'; any cases you want to rely on like the prohibitive signage one).

Do not leave this too late. You know you have to file these with the court as well, not just exchange the with the other side?

Sounds like you will have to take your (numbered) evidence in a file (clearly marked 'exhibits for claim number xxxxxxx') to hand in person at the local court as you have ONE DAY to get this collated. At least you can email Horizon's version to Horizon and Gladstones as well as post a copy. Keep a numbered copy for yourself of course so you can remember which piece of evidence was numbered as what - because as you will see from Lamilad's thread from this week, your WS then needs to refer to the exhibits by their number, to make it easy for the Judge to follow.

I would put a covering letter with that bundle you are doing tomorrow (set out as a formal letter, signed & dated by you and headed up: 'For the attention of the presiding Judge in Claim number xxxxxxxx') saying firstly that your Witness Statement of facts will follow in accordance with the Court's Directions, before 4pm on 16 November 2016.

State that you would like the presiding Judge to also please be alerted to the fact that you are finding it very difficult to defend a case with such scarce Particulars of Claim and lack of evidence of any contract or breach or liability. Continue in the covering letter, just saying something like:

I wonder how I am supposed to know what I am defending. I have never experienced this before and apologise if I set things out in a less professional way than the Claimant. I hope that I am not going to be ambushed on the day (or late) with photos and information never provided to me before these proceedings commenced.

In my earlier defence already filed and in my planned Witness Statement, I will be forced to cover all possible scenarios known in 'Gladstones' claims, due to the lack of information and evidence supplied by this legal firm, whose first duty is to the court and should surely know better. They are aware I am an unrepresented consumer but I feel as if I am not on a level playing field in this case due to their lack of particulars and evidence.

The Gladstones Directors also run the IPC Trade Body for a section of private parking firms and they deal with private parking matters every day so it is very difficult to understand why they have not furnished me with better particulars and evidence of a contract/breach. Nor have they shown any valid basis for a claim against a registered keeper, when Horizon patently do not use Notices which comply with Schedule 4 of the POFA 2012.

Finish by saying this:

I am aware that a similarly poorly pleaded ‘private parking ticket’ claim by Gladstones was struck out by District Judge Cross of St Albans County Court on 20/09/16 without a hearing, due to a their 'roboclaim' cut & paste template particulars being held to be ‘incoherent’, failing to comply with CPR 16.4, and ''providing no facts that could give rise to any apparent claim in law''.

I feel this is the same scenario and respectfully ask that the presiding Judge please reviews the Claimant's case which is causing me such difficulty to defend in any informed way.

yours faithfully,

brianj1991

Coupon-mad wrote: »

Yes, that's right. Read this so you know where you are & how to set out a Witness Statement (WS), you are doing fine but are pushed for time:

https://forums.moneysavingexpert.com/discussion/5546325

Also, do now take a look at Lamilad's thread for his latest version of his WS, which refers to his numbered exhibits. His thread has advice already on it about how to set the WS out and things to have as exhibits (photos of unclear signs; Schedule 4 of the POFA printed out; Henry Greenslade's compelling words from the POPLA Annual Report 2015 about 'keeper liability'; any cases you want to rely on like the prohibitive signage one).

Do not leave this too late. You know you have to file these with the court as well, not just exchange the with the other side?

Sounds like you will have to take your (numbered) evidence in a file (clearly marked 'exhibits for claim number xxxxxxx') to hand in person at the local court as you have ONE DAY to get this collated. At least you can email Horizon's version to Horizon and Gladstones as well as post a copy. Keep a numbered copy for yourself of course so you can remember which piece of evidence was numbered as what - because as you will see from Lamilad's thread from this week, your WS then needs to refer to the exhibits by their number, to make it easy for the Judge to follow.

I would put a covering letter with that bundle you are doing tomorrow (set out as a formal letter, signed & dated by you and headed up: 'For the attention of the presiding Judge in Claim number xxxxxxxx') saying firstly that your Witness Statement of facts will follow in accordance with the Court's Directions, before 4pm on 16 November 2016.

State that you would like the presiding Judge to also please be alerted to the fact that you are finding it very difficult to defend a case with such scarce Particulars of Claim and lack of evidence of any contract or breach or liability. Continue in the covering letter, just saying something like:

I wonder how I am supposed to know what I am defending. I have never experienced this before and apologise if I set things out in a less professional way than the Claimant. I hope that I am not going to be ambushed on the day (or late) with photos and information never provided to me before these proceedings commenced.

In my earlier defence already filed and in my planned Witness Statement, I will be forced to cover all possible scenarios known in 'Gladstones' claims, due to the lack of information and evidence supplied by this legal firm, whose first duty is to the court and should surely know better. They are aware I am an unrepresented consumer but I feel as if I am not on a level playing field in this case due to their lack of particulars and evidence.

The Gladstones Directors also run the IPC Trade Body for a section of private parking firms and they deal with private parking matters every day so it is very difficult to understand why they have not furnished me with better particulars and evidence of a contract/breach. Nor have they shown any valid basis for a claim against a registered keeper, when Horizon patently do not use Notices which comply with Schedule 4 of the POFA 2012.

Finish by saying this:

I am aware that a similarly poorly pleaded ‘private parking ticket’ claim by Gladstones was struck out by District Judge Cross of St Albans County Court on 20/09/16 without a hearing, due to a their 'roboclaim' cut & paste template particulars being held to be ‘incoherent’, failing to comply with CPR 16.4, and ''providing no facts that could give rise to any apparent claim in law''.

I feel this is the same scenario and respectfully ask that the presiding Judge please reviews the Claimant's case which is causing me such difficulty to defend in any informed way.

yours faithfully,

Thank you very much Coupon-mad for your above response.
I have been fretting about this and trying to research this in the extremely limited time I have available to me, but your above posting has significantly helped me.

I was unsure if I needed to send copies in to the court, but I was going to do so just in case. I was unaware that I needed to send copies to Gladstones, as I thought I only had to send it to the claimant themselves - so thank you again here.

My intention is to post everything off today (Tuesday 1st) special delivery so that it will definitely arrive by 4pm on the following day - deadline day of Wed 2 November. I will also hand deliver to the court as suggested. Do I have to get some sort of receipt or signed proof from the court that I have hand delivered??

Thank you again, I am grateful.

Coupon-mad

You can ask the court clerk for a receipt for your file (make sure it is neatly in a ring binder file and numbered). I'm hoping the covering letter will prompt the Judge to have a look this week or next and maybe send out and Order that the PoC are pants, which would save you from the hearing.

If not, then crack on with the WS after that, in good time. Make sure you are the party who does meet the deadlines.

I would NOT send anything Special Delivery because the recipient can refuse to sign for it! Just send 1st class (MUCH CHEAPER) with a free certificate of posting from any PO counter - a little receipt with the Postcode on it. Keep that as your proof of posting, and it is deemed delivered and they can't refuse it. However I would also email a copy to Gladstones and the parking firm. Horizon's email is on their PCN.

brianj1991

All above noted, thank you.

brianj1991

Quick question:

If I am putting something in my file, e.g. Schedule 4 of OFA, do I need to put the whole of the schedule in there OR do I just cut and paste the bits I will talk about?

brianj1991

I have one final question. Can anybody help me with the relevant cases for no contract formed due to a forbidding notice?
I have searched the forum and using google but am struggling to find the information. I have found the High Wycombe case from April 2016.
I will start again at the top and search again, but if anyone knows I'd be grateful.

Umkomaas

Can anybody help me with the relevant cases for no contract formed due to a forbidding notice

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

brianj1991

Umkomaas wrote: »

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

Oh yes, I forgot to mention I have also seen that one.
I really want to use the bargepole UKPC case in court and attach it in my documents bundle. HOWEVER the only thing I can find of that case is the prankster's blog which he has written of what happened.....not a court transcript. A judge would not really view a blog with much weight would he?

Umkomaas

No transcript AFAIAA - ordinarily it would be the defendant who would order a transcript, they don't come for free after the case and they don't come cheap!

Fruitcake

Have you submitted your defence yet? I was just wondering if there was any advantage in including a close up of the entry sign next to the barrier (the one obscured by the bushes) instead of the close ups of the other signs.

If any other signs are produced by the opposition you could challenge them for proof that they were contemporaneous with the alleged event.

What do others think?