Court claim - AM Parking via Gladstones

Alfie100

Thank you, sorry to have sounded so defeatist, am a female and husband has recently had mental health issues, I am trying to learn a new job and I just felt like giving up!

Will read the case you have suggested as am running out of time now. I did get back into the MCOL website it was me being dumb!!

Coupon-mad

I am female too but can see why you have a lot on your plate.

Look, here is a case where a person has just worked on a witness statement to overturn a CCJ, this is relevant because it's a residential defence mentioning the Jopson case:

https://forums.moneysavingexpert.com/discussion/5598971

You could copy some of his post #17 and would be most of the way to having done your defence. Show us, you can do this! In fact the defence is best NOT put in on MCOL, best emailed and posted.

Alfie100

Today I received their witness statements and to be totally honest I feel like giving up.

They have ripped my defence to shreds, have contacted the freeholder and have a signed statement from there. Photographs of my car all round including the inside except for the passenger floor which is probably where the permit was.

I thank you for all your help but am now resigning myself to paying it.

Umkomaas

Whaaaat? Paying a fine for parking in a parking space that you are (were) paying rent for?

How about posting up your defence and their 'ripping it apart' WS. You've been away from the forum for 5 months. Have you had any expert help in developing your defence?

Have you got a court date yet?

How much are they presently pursuing you for?

Alfie100

No one helped me with my defence and have been away as the court date was only sent to me in May and is set for 25th July. They are looking for just under £300. I feel that paying it rather than losing and losing a days pay is the cheaper option.

Will elaberate a little on my first post. I lived as a tenant at the building. On signing the tenancy I was handed a credit card type of key to access the car park (there were spaces on the outside of the building accessable to everyone and underground where you needed the key mine was underground) and a permit with no holder.

I attached the permit to the windscreen with sellotape but over time it came off so kept reattaching it but as the car was a convertible it wasnt a great solution! I can only think it fell off yet again (as it had done on many occasions) and I had failed to notice.

The photos show the front, back and sides of my car including a photo of the inside but the drivers side only and I can only think the permit was in the passenger footwell.

I lived at the property from November 14 to April 16 and this is the only ticket they are pursuing. They have photos of the ticket attached to my windscreen but it was not on the car as have never had a ticket attached to my car. I never received a notice to keeper and there isnt a copy in their witness statements. They have also stated they will not be attending court but via these witness statements only. They have included a copy of the original ticket (which i never received), photos, a A4 print off of one of the signs not a photo of an acutal sign, copies of letters Gladstones sent I only received one and basically said I was a tenant for that amount of time I knew the rules and should have known better!

Gladstones sent a demand for payment which I replied to enclosing a copy of the permit and heard nothing more until the court claim landed.

waamo

What does the agreement you signed say about the need for a permit? Your rental agreement trumps any made up rules they put in place. Courts have repeatedly thrown these cases out as the rental agreements make no mention of the need for a permit.

Alfie100

Hi Waamo

Thanks for your reply, my tenancy does not include anything about the parking bay at all it is not mentioned anywhere and I have read all 15 pages of it.

waamo

Have you signed anything that says you need a permit? It would be useful to see a picture of the signs too.

Given Gladstones appear to be rather lacking in the paperwork they have sent you may have a much better case than you think. Often the wording on the signs is complete rubbish so as I said seeing that would help.

Alfie100

I am at work at the moment but can send you a copy of what they have sent me when I return home. Its black and white and looks like the original artwork just printed on an A4 piece of paper.

No I never signed anything for the permit or credit card type thing. As not having to sign for permit etc wasnt included in my original defence is it not now to late to include this?

waamo

Post the picture in this thread. If you can't post links yet upload all your paperwork to an image hosting site then change the http part to hxxp. Someone will convert it to a live link.

Let everyone here see all the paperwork. Make sure it is redacted so you remain anonymous so remove names, dates and location etc.

Yes it's a bit of work but I would let folk here take a look before throwing in the towel.