Urgent help! Multi-ticket claim - defence submission date fast approaching

khichu

A bit of background:

When I was at my last address, I used to park sometimes on a dead-end road which had no markings, no parking restricions, signs etc. Since I am not a heavy car user, there are times when my car stays parked for several weeks without me using it. I had parked my car in this street last year in September 2015, when there was no parking signs on the road. I didnt need the car for the next 2-3 weeks. When I come back in October, I see parking restriction signs of Horizon Parking on the road and a parking ticket on my car. I made sure not to park on that street anymore and I didn't pay too much attention to the ticket.

I am pretty sure the car didnt move in that period - I certainly didnt drive it, and my ex-partner doesnt recall driving it either.

Since then I have moved to a different address. I went to my old address today to pick up some of my mails and I see this county court claim letter from Gladstone Solicitors, claiming for 6 different parking tickets spread over a 2 week period between late September and early October. I did change my address with the DVLA quite late after moving - my fault. I have filed my acknowledgement and have till Monday to file my defence.

I will upload the court claim doc and parking sign in a bit.

Based on some online digging, here are my defence points so far:
1. Forbidding sign, meaning no contract entered into
2. Signs werent there when I parked - how do I make this argument though, as its very hard for me to show proof of this. Can I ask them for proof of when the signs were erected?
3. Excessive charges amounting to a penalty (sign says £80, they are claiming £130 each).
4. What else?

Would really appreciate your help with coming up with more points and framing them in an appropriate manner.

khichu

How do I upload images?

Umkomaas

khichu wrote: »

How do I upload images?

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Photobucket or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've got a few posts under their belt.

khichu

Parking sign - postimg.org/image/nf2pkp7e5/

court claim - postimg.org/image/rs9uch7a1/

khichu

Here is my draft defence statement, please can you read through and give some feedback.

I am xxxxxd defendant in this matter.

1. I deny any liability in respect of the claim.
2. Though I am the keeper of the vehicle, I can neither confirm nor deny I was the driver on any of the days.
3. If this claim is being brought against me as a driver of the vehicle, the claimant is put to strict proof that I was indeed the driver on all of those days.
4. If it is so pleaded before seeking to rely on the keeper liability provisions of Schedule 4 Protection of Freedoms Act (“POFA”) the Claimant must demonstrate that there was a “relevant obligation” either by way of a breach of contract, trespass or other tort. The Claimant is put to strict proof that such a “relevant obligation” existed. The claimant is also put to strict proof to demonstrate that keeper liability provisions of POFA do apply, with documentary evidence of all relevant paperwork and timestamps.
5. The Claimant has not complied with the pre-court protocol. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The defendant wrote to the Claimant on the 20th January 2017 with a Part 18 request to clarify issues but the claimant has yet to respond. The defendant therefore asks that the court orders the case to be struck out for want of a detailed course of action.
6. If a breach of contract is claimed, the claimant is put to strict proof that the signs at the land in question contained and offer capable of acceptance and/or breach.
7. It is denied that the Claimant is the landowner of the property in question or that they have any other right or proprietary interest in the land. The Claimant is put to strict proof that they were at the time of the alleged events in possession of sufficient authority to issue parking charges and institute proceedings in their own name and can demonstrate a clear chain of authority from the landowner.
8. The claimant is put to strict proof that there were sufficient prominent notices around the site and evidence of the dates these signs were installed/erected and maintained.
9. The claimant is put to strict proof they have time stamped and unaltered photo evidence of the event they allege plus evidence of the identity of driver at each event.
10. The claimant is put to strict proof they will comply with the Civil Procedure rules and make available the contract they allege was broken and the commercial interest that they are protecting of they intend to rely on the case of Beavis v ParkingEye.
11. In the absence of strict proof of the preceding points, I submit that the Claimant has no case and invite the court to strike the matter out.
I believe the facts stated in this defence are true.
Yours faithfully

Coupon-mad

Looks a bit short at first glance - you can say more about Gladstones at the start and more in defence under that. Some opening wording here:

https://forums.moneysavingexpert.com/discussion/comment/71959312#Comment_71959312

And have a look at other recent Gladstones defences to see if you've missed anything. I really do not like this wording, sounds evasive:

Though I am the keeper of the vehicle, I can neither confirm nor deny I was the driver on any of the days.

IMHO, as an 'armchair lawyer' who writes these a lot, this would be better in front of a Judge:

It is admitted that I was the registered keeper of the vehicle at the material time and this appears to be the only point upon which the parties agree. This Claimant appears to be pursuing me merely because I was the keeper, yet they have not discharged their burden to show evidence of the driver and nor does Horizon use POFA-compliant wording, being the only applicable law that would enable them to rely on 'keeper liability'.

I have no obligation to name the driver, as was confirmed when the POFA Bill (which led to Schedule 4) was heard in the House of Commons, and further confirmed by barrister and parking law expert, POPLA Lead Adjudicator Henry Greenslade in his report in 2015. As has been found in several cases in 2016, including Excel v Mr L. 17/11/2016 at Skipton, a parking firm issuing PCNs has two choices - either use the POFA wording or identify who was driving with evidence, and seek to recover the sum from that person. Horizon have done neither.

khichu

Hi, I have my court date at end of May and have to submit docs I will be relying on during the hearing, in a week. I dont really have too many ideas of what docs that might be - any pointers / links to threads where this is discussed, would be greatly appreciated.

Redx

post #2 of the NEWBIES thread will help you with those docs and other info, especially the BARGEPOLE posts where they are spelt out

this will include any evidence , photographs , witness statements (including your own) , court transcripts , laws , land registry documents etc etc

also read recent posts by loadsofchildren who has written a lot about this , and lamilad posts too

Umkomaas

khichu wrote: »

Hi, I have my court date at end of May and have to submit docs I will be relying on during the hearing, in a week. I dont really have too many ideas of what docs that might be - any pointers / links to threads where this is discussed, would be greatly appreciated.

Wow, almost 4 months have passed since you came to us to say this was going to court and with less than 3 weeks to go you are still not aware of what's needed for your court submission? Have you not been back to the forum regularly to brief yourself in readiness? You've got a lot of reading to do in the space of a couple of weeks.

Bargepole's post (as per Redx's advice above) has to be your first starting point. Then some forum searches here and on PePiPoo using 'Horizon court' 'Horizon Witness Statement' or similar searches using 'Gladstones' instead of 'Horizon' should pull up recent threads from which to work.

How much are they asking for in total? If you are so unprepared you might get taken for the whole lot. If you can't get your ducks in a row, as much as I hate saying this, it might be time soon to make a 'Without Prejudice' offer to settle.

Jeez, you're really up against it.

Herzlos

I'd be adding a point along stating that there was no driver - you parked the car before the signage, thus perfectly legally, and it hadn't moved for the duration of the invoices. No contract existed at the time and you were unaware that it even existed, so had no opportunity to accept the contract through any action.

Then add all the usual points about the signage being forbidding, not making any contract, landowner authority, lack of POFA (which you'd need to make the keeper liable, because as explained above, there wasn't a driver).

khichu

Umkomaas wrote: »

Wow, almost 4 months have passed since you came to us to say this was going to court and with less than 3 weeks to go you are still not aware of what's needed for your court submission? Have you not been back to the forum regularly to brief yourself in readiness? You've got a lot of reading to do in the space of a couple of weeks.

Bargepole's post (as per Redx's advice above) has to be your first starting point. Then some forum searches here and on PePiPoo using 'Horizon court' 'Horizon Witness Statement' or similar searches using 'Gladstones' instead of 'Horizon' should pull up recent threads from which to work.

How much are they asking for in total? If you are so unprepared you might get taken for the whole lot. If you can't get your ducks in a row, as much as I hate saying this, it might be time soon to make a 'Without Prejudice' offer to settle.

Jeez, you're really up against it.

Fair point, I did take my eye off the ball here. In my defence, in these last 4 months, I have bought my first house, moved house, interviewed and changed my job, and got married. So all in all, I was super busy, and unfortunately, this got pushed to the back burner.