Court Claim Procedure point 5

H_brogab

Hi and sorry for a newbie question but I have a court date with gladstones and ukcpm and ive been following your guide Court Claim Procedure (updated October 2016) (updated October 2016)' ive sent a skeleton defence but they have paid the fee and its going to hearing, im stuck at point 5 of ' Court Claim Procedure (updated October 2016)' which talks about witness statements, I need to submit more defence before the date?

Coupon-mad

Your signed/dated witness statement (kind of a re-hash of the defence, stating the facts - not legal argument - and referring to your evidence in numbered form, to make it easy for the Judge to find each exhibit/photo) is served to the local court and to the Claimant's Solicitors by the date the local court give you.

Normally it's stated in the Directions that give you the hearing date, maybe you haven't had that just yet, if so wait to hear your dates and make sure you comply.

Witness statement examples and info about what they are, can be found in the NEWBIES thread under the 'Small Claim?' heading, where Emanresu on pepipoo explains this stage in clear terms. Also you can look here, at the BMPA website - a free private parking ticket (appeals & defences) advice charity of which I am one of the founder members along with some other regulars:

http://www.bmpa.eu/court_wizard/NOA_Witness_Statement.html

HTH, do show us first on this thread, what you have drafted once you have seen others.

Is it a residential car park, where UKCPM normally infest and where your car was perfectly allowable as a resident or visitor? There is sooo much in the way of recent information and court cases to support your defence, if so.

H_brogab

Thank you for your reply, Im at my wits end
So I need to elaborate on the point already made and print pictures of the signs etc
It was a permit car park yes
Im going to study the link you kindly gave me then get something together

Coupon-mad

The link gives you a source of free help...

H_brogab

I tried to join but it brings up 'outlook' when I click register
and my email isn't through that, is there another way to join?

Coupon-mad

Just look at other examples on here then. Look around!

Example witness statements are on Gin and Milk's thread and spaceman8's thread.

H_brogab

Ive been busy reading through threads and found cases comparable to mine, how is this for a first draft?

I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx

The exhibits which the defendant intends to rely upon are as follows:

Ex. 1. Defence statement

Ex. 2. Image of entrance to car park off That Street, This town

Ex. 3. Image of car park signage

Ex. 4. Parking sign by Private Eye in Beavis case to demonstrate clear signage

Ex. 5. Protection of Freedoms Act, 2014, schedule 4

Ex. 6. Letter from Claimant to registered keeper dated

Ex. 7. Excerpt from Barrister Henry Greenslade on ‘Keeper Liability’ POLPA annual report, 2015

Ex. 8. Extract from IPC’s Code of Practice

Ex. 9. The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations, 2015

Ex. 10. Copies of all letters sent to the claimants solicitor

Ex. 11. Copies of all letters received from the claimants solicitor

Ex 12. Copy of email from planning department stating that no planning permission is in place

1. Save as specifically admitted in this defense the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre action correspondence.

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularized and does not comply or even attempt to comply with CPR part 16 and practice direction 16 7.5. In this regard I wish to draw the Courts attention to the following matters;

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the any agreement. The method the Claimant calculated any outstanding sums due, how they became due, or any other matters necessary to substantiate the Claimant's claim.

(b) Upon receipt of the claim I contacted the claimants solicitor and asked for particulars under CPR 31.14 but they refused to provide them despite not having been allocated to small claims at this time.

(c) The overriding objective of the CPRs dictates that the case should be handled at a proportionate cost. The defendant recognises this duty and refrains from making an application for summary judgement at a cost which exceeds the claims value but asks the court to strike the claim out under its powers, of its own motion as several Judges across the country have already done.

3. The particulars of claim state -date-description-amount-due date Total due £150. The defendant can neither admit nor deny this as it is unintelligible. If the £150 is for a parking charge then it is submitted that it is a penalty which is unenforceable in law and exceeds the stated maximum of the accredited trade association.

4. The claimant is put to strict proof that they are entitled to £150 plus interest as claimed.

5. It is denied that any contract was entered in to between myself and the claimant.

6. The signage at the car park That street, This town is classified in planning law as an advertisement, by virtue of Regulation 30 of the Town and Country Planning (Control of Advertisements)
(England) Regulations 2007 (as amended) it is a criminal offence to display this kind of advertisement in contravention of the Regulations. There is no planning permission in place for these signs.

7. Should the claimants try to make a case via witness statement I request the claim is adjourned at the claimants expense to enable a full particularised defence to be entered.

8. I believe the terms for such conduct is ‘robo claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

9. Under the Protection of Freedoms Act 2012, Schedule 4 (POFA), a registered keeper can only be held liable for the sum in any compliant 'Notice to Keeper' (a sum which is less than both claims). This depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts.

10. No evidence has been supplied by this Claimant as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land nor does there exist any obligation for a keeper to name a driver. I choose to defend this claim as the registered keeper, as is my right.

11. It is denied that the Claimant has the authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.

12. The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons. It is submitted that the conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time / costs in dealing with this matter.

13. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS has identified over 1000 similar poorly produced claims and the solicitor’s conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.

14. I request the court strike out the claim XXXX for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstone’s’ template particulars for a private parking firm being ‘incoherent’, failing to comply with CPR16.4, and ‘providing no facts that could give rise to any apparent claim in law’.

Statement of Truth: I confirm that the contents of this statement are true to the best of my knowledge and belief."

Coupon-mad

Protection of Freedoms Act, 2014, schedule 4

Yes - be familiar with that statute because a Judge will not be. Pick out any important major flaws such as a NTK arriving too late, or the warning 8(2)f for a windscreen PCN case, or 9(2)f for a postal PCN case not being properly stated as per the statute.

We've had Judges poring over Sch4 and not seeing the bleeeedin' obvious omissions where it says 'the NTK must...' in 8 or 9! Some Judges have not seen that this wording is mandatory and obvious in the statute and the legislation in over 4 years old now, so a PPC can have no excuse.

7. Should the claimants try to re-plead their[STRIKE]make a[/STRIKE] case via witness statement I request the claim is adjourned at the claimants expense to enable a full particularised defence to be entered.

Just a suggested wording change above.

H_brogab

The ntk does not contain the period of parking which I assume is a time from and to, is that correct?

Do I need to list the problems with the ntk and the signage or do I save this for the court?
Is my witness statement good to go when Ive made changes as per your suggestion?

Coupon-mad

I would list the main issues with the NTK - IMHO, really vital stuff is 8(2)f - the warning 28 day period being stated correctly (or not) and the date served if not within the relevant period.

Not pedantic stuff like 'not identifying the creditor'; a Judge will not be familiar with Schedule 4 and will need to see obvious omissions in statutory wording/missed deadline for service.

And yes certainly list all issues with the signs - using words like 'parking charge buried in small print' and was never 'bound to' have been seen, distinguishing the case fully from the Beavis case (clear and large lettering) sign and breaching Lord Denning's well-known Red Hand Rule for onerous contractual terms.

H_brogab

I have just got back from holiday and have been watching Gin & Milks thread with interest, great result, now it me next!
Have me a few alterations to the WS, point 6 and 9, is this ok now?
Oh and if I take a lay rep do I mention this on the WS or at court?



I am the Defendant,

The exhibits which the defendant intends to rely upon are as follows:

Ex. 1. Defence statement
Ex. 2. Image of entrance to blah blah
Ex. 3. Image of car park signage
Ex. 4. Parking sign by Private Eye in Beavis case to demonstrate clear signage
Ex. 5. Protection of Freedoms Act, 2014, schedule 4
Ex. 6. Letter from Claimant to registered keeper dated
Ex. 7. Excerpt from Barrister Henry Greenslade on ‘Keeper Liability’ POLPA annual report, 2015
Ex. 8. Extract from IPC’s Code of Practice
Ex. 9. The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations, 2015
Ex. 10. Copies of all letters sent to the claimants solicitor
Ex. 11. Copies of all letters received from the claimants solicitor


1. Save as specifically admitted in this defense the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre action correspondence.

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularized and does not comply or even attempt to comply with CPR part 16 and practice direction 16 7.5. In this regard I wish to draw the Courts attention to the following matters;

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the any agreement. The method the Claimant calculated any outstanding sums due, how they became due, or any other matters necessary to substantiate the Claimant's claim.

(b) Upon receipt of the claim I contacted the claimants solicitor and asked for particulars under CPR 31.14 but they refused to provide them despite not having been allocated to small claims at this time.

(c) The overriding objective of the CPRs dictates that the case should be handled at a proportionate cost. The defendant recognises this duty and refrains from making an application for summary judgement at a cost which exceeds the claims value but asks the court to strike the claim out under its powers, of its own motion as several Judges across the country have already done.

3. The particulars of claim state –Date 08/04/16-Description FJ63ETO/21015-Amount £150-Date Due 06/05/16- Total due £150. The defendant can neither admit nor deny this as it is unintelligible. If the £150 is for a parking charge then it is submitted that it is a penalty which is unenforceable in law and exceeds the stated maximum of the accredited trade association.

4. The claimant is put to strict proof that they are entitled to £150 plus interest as claimed.

5. It is denied that any contract was entered in to between myself and the claimant.

6. The signage at the car park blah blah does not form a contract. The entrance signage is an ‘offer to treat’ and the signage inside the car park is prohibitive. The parking charge is hidden within the small print, it is not a clear and prominent charge and was never 'bound to' have been seen, as in the ‘Beavis’ case.
Furthermore the signs are classified in planning law as an advertisement, by virtue of Regulation 30 of the Town and Country Planning (Control of Advertisements)
(England) Regulations 2007 (as amended) it is a criminal offence to display this kind of advertisement in contravention of the Regulations. There is no planning permission in place for these signs.

7. Should the claimants try to re-plead their case via a witness statement I request the case is adjourned at the claimants expense to enable a full particularised defence to be entered.

8. I believe the terms for such conduct is ‘robo claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

9. Under the Protection of Freedoms Act 2012, Schedule 4 (POFA), a registered keeper can only be held liable for the sum in any compliant 'Notice to Keeper' (a sum which is less than both claims). This depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts. Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper, the notice fails to show any period of parking as per paragraph 8 (2)c.

10. No evidence has been supplied by this Claimant as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land nor does there exist any obligation for a keeper to name a driver. I choose to defend this claim as the registered keeper, as is my right.

11. It is denied that the Claimant has the authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.

12. The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons. It is submitted that the conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time / costs in dealing with this matter.

13. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS has identified over 1000 similar poorly produced claims and the solicitor’s conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.

14. I request the court strike out the claim xxxx for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstone’s’ template particulars for a private parking firm being ‘incoherent’, failing to comply with CPR16.4, and ‘providing no facts that could give rise to any apparent claim in law’.

Statement of Truth: I confirm that the contents of this statement are true to the best of my knowledge and belief."