Gladstones CCC - UKCPM

DoaM

4. I came into possession of a Notice to Driver ..... or ... My vehicle received a Notice to Driver ..... ???

I received suggests that you could have been the driver.

Loadsofchildren123

can you mark the visitors area on that google map? hatch it with diagonal parallel lines and describe it as "the hatched area is marked with "V" for visitors". The rest of the parking area is [is it designated numbered bays, or marked for residents in any other way?].."

Loadsofchildren123

5. Regarding the signage, I am afraid this is nothing short of a fiasco. Since the PCN was issued to my vehicle on 6th March 2016, the Claimant has changed its signage several times. Chronologically, this is what has occurred:

a. The parking area is shown by Google Street View (Exhibit 5a) and a plan showing the parking bays and entrance to the parking area (Exhibit 5b). [show in hatching - ie diagonal parallel lines - the visitors part and the residents part and say that you have done this]

b. at the time of the parking event: there was an entrance sign (Exhibit 6a) marked as X on the plan referred to above. This contained no terms at all about parking for visitors and there was no sign at all in the visitors' area. The entrance sign referred to general parking terms only. A view of the parking area with no sign is shown in Exhibit 7a (1st May 2016) and Exhibit 7b (18th September 2016).

c. Sometime in September 2016, a sign (Exhibit 7c) was put up in the visitors' area, on the fence which is marked Y on the plan referred to at a. above. This was not displayed at the time of the parking event

d. In addition, The sign at the entrance to the visitors’ area was changed in September 2016 (Exhibit 6b) and again in January 2017 (Exhibit 6c).

e. At the time of the parking event, all signs on the estate showed the BPA Approved Operator logo. The BPA confirmed that the Claimant was not an Approved Operator (Exhibit 5). They have been an IPC Approved Operator since 1st October 2015. This shows a general lack of regard by the Claimant for due process - it was not entitled to display the BPA roundel, which is a breach of [I'll post this tomorrow,
it's some consumer regulations about using logos]

6. Exhibit 8 shows the view of the sign from a car entering the carpark at XXX (the entrance is shown on the Google Streetview map marked Z). Being on the right hand side of the road and at height, it is far from clear as to what the parking terms are when viewed from the driver’s point of view. Please refer to (Exhibit. 6) Parking sign in the Supreme Court case of ParkingEye Ltd v Beavis [2015] UKSC 67 to demonstrate clear signagecapable of forming a contract.

Loadsofchildren123

You'd better say how you know all this about signs (sorry for not keeping up, I cant' remember if you deal with this in your WS earlier on) - if you haven't already, say that you live there and own the leasehold of one of the flats.

mistercesq

Perhaps the fact UKCPM are about be exposed by ITV might be helpful!

AOneVS

Does anyone have any tips in putting all the exhibits together? I'm cursing at Word as it's crashed for the 2nd time and it's getting unwieldy with all the images and pdfs. Doesn't help that word only imports the first page of a pdf document!

Also, can I add the case transcripts as exhibits, without referencing them in my WS?

Loadsofchildren123

You are preparing and serving two things here:


1. Your WS
2. A bundle of the documents you want to rely on.


Any documents you specifically refer to in your WS should be formally exhibited to it (but not case law). You either have one big exhibit (which you describe as XYZ1 [XYZ being your intials] - and when you refer to each doc you then say "this is exhibited at page 1-x of XYZ1". Or you can make each document a separate exhibit and (XYZ1, XYZ2 and so on). The latter is a bit cumbersome if you have lots of documents because each exhibit must be clearly labelled.
Paginate your exhibit in pen, with the numbering in the centre bottom of the page.
There is no need to exhibit pleadings (eg if you are referring to something in your defence or the claim).


Any docs not specifically referred to in your WS, and case law and legislation, go in your bundle. Do an index for this so it's nice and organised. If you haven't lost the will to live, paginate it and add the pagination to the index so it's easy to navigate.


Hopefully this will allow you to achieve what you want.


If you would prefer to just have one bundle (ie no exhibits), as a litigant in person you could just do it that way and say you didn't understand things had to be formally exhibited and you didn't understand the difference between the bundle of documents and exhibited documents - I doubt anyone (most of all the judge) will care or make a point of it. Your WS will then just refer to page numbers/items in the indexed bundle.

Loadsofchildren123

Don't worry about making everything into one composite Word document.


Do your WS, then print it off with all the exhibits, paginate them, so that you have the whole thing together on paper and sign your WS.


if you want everything together on your PC as one document (eg if you want to email it off to the other side or the court), then can you then scan the entire (signed) WS and exhibit, so that it is one PDF? Same for the bundle.

AOneVS

Thanks again LoC. That is some great help. Just to clarify:

• The witness statement will include any documents I intend to rely on, expressly mentioned and referred to as exhibits.

• The bundle will include the above plus any other documents I intend to rely on, such as case law, letters from claimant etc. I take this to court on the day and give a copy to the judge only?

Stress levels are steadily rising as this has to be handed in by next Wednesday! I've made some changes to the WS and uploaded a redacted version to google drive

I'd appreciate any feedback. Thanks!

Loadsofchildren123

Yes, except your bundle gets served with your WS. At least that was what my order said -parties to serve WS and all documents on which the week to rely by X date. Check your order.

The only thing then left is the option of a skeleton argument a few days before the hearing, which summarises your position, brings together all your documents and acts as a crib sheet for you on the day. And a costs schedule 24 hours before.