Court Claim - Horizon Parking / Gladstone Solicitors

Parking-Prankster

Transcripts are now up:

https://bmpa.zendesk.com/hc/en-us/articles/208607905--Forbidding-Signs
http://www.parking-prankster.com/case-law.html

Many thanks to those who donated them

Coupon-mad

Fruitcake wrote: »

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?

Yes, sounds like a plan. Only submit evidence exhibits that assist your side.

brianj1991

I have already submitted my defence today. The closeup picture of the sign I have submitted is the one next to the barrier obscured by foliage.

I missed the postman leaving the post office by about 30 seconds, very frustrating, but I do have a receipt for posting the documents today which is dated one day before the deadline. I have also emailed the documents to both Horizon and Gladstones and I am going to fax it to both of them tomorrow morning, if I can find Horizon's fax number.

Documents are bundled ready for delivery tomorrow to the court with a nice covering letter for the judge.

Coupon-mad

Great fight-back so far. Nice work, worth doing.

brianj1991

Thanks Coupon!

No documents received from Claimant as yet, now 1 day late.
Phoned court, they confirmed they have received my bundle but not the Claimants - however pointed out that processing time at Guildford CC is 12 days so they may be in the pile!!

brianj1991

Just received the witness statement from Horizon Parking. It comes as 5 pages of statement followed by 6 exhibits consisting of:
1) Contract / agreement between landowner and PPC
2) One of the signs
3) Site plan detailing where each sign is located in relation to where vehicle parked
4) Letters sent to defendant
5) Photographs of vehicle parked
6) Letter before claim copy

Is there any reason for me not to post the document on here, bar removing my details from it?

Coupon-mad

No reason why not, we've seen these before, hosted on Dropbox or something.

brianj1991

PDF of the witness statement on dropbox here. 45mb file.
https://www.dropbox.com/s/4wc1o0voqpn2f0w/forum-horizonws.pdf?dl=0

brianj1991

I've pasted a paragraph from the Claimant Witness statement below.
They state that the Defendant is being pursued as the driver and use Elliott v Loake to presume that the Defendant is the driver. I'm sure I read a successfully defended CC claim where the Claimant tried to use E v L and the judge agreed this was incorrect...but I cannot seem to find it now. Anyone know?

From Claimant WS:
"5. The Defendant is being pursued as the driver and therefore POFA is irrelevant. POFA only applies where the Creditor has been unable to pursue the driver for recovery of the unpaid parking charge. The Criminal Case of Elliott v Loake 1983 Crim LR 36 held that the Registered Keeper of a vehicle may be presumed to have been the driver unless they sufficiently rebut this presumption. To date the Registered Keeper has been invited on numerous occasions to identify the driver, yet has failed to do so. As such, it is presumed that the Defendant is the driver of the vehicle."

Umkomaas

http://parking-prankster.blogspot.co.uk/2016/10/excel-parking-youve-been-gladstoned.html