SIP parking fine passed to Gladstones

Hel3013

I am, I apologise i still dont understand but I will try and delete of this thread now!!

Redx

Hel3013 wrote: »

I am, I apologise i still dont understand but I will try and delete of this thread now!!

pm a board guide (soolin or crabman) and ask them to move your posts to a new thread, that way you can get bespoke help of your own without hi jacking another thread by somebody else

Willow229

Hello again and Happy New Year.

I now have a date for court later this month. Just a recap, this is from a fluttering ticket from Feb 2017. I purchased a ticket, placed it in my windscreen and was given a ticket for failure to display. I’m about to write my witness statement and am looking for some pointers.

Thanks in advance for any help offered.

Redx

only YOU can write a WS as ONLY YOU know the details that apply to YOU

by all means read the newbies faq sticky thread , post #2 , for help, plus read say ten other recent court cases to see what their WS looks like

you wont find templates because each case is unique, its your story, only you know it, so look at other examples, but dont bother looking for templates as there arent any

this is your chance to have your say, we cannot tell you what to say, as its your story

Willow229

Thank you. Do I admit to the ticket blowing into the footwell?

Redx

what you need to decide is if your defence included keeper protection under POFA2012 or not

a KEEPER can have done detective work and found out what happened on the day, or what they believe happened on the day (hearsay after the fact)

a DRIVER can state what they KNOW happened on the day due to being present

so in either case you can state what happened, but how its worded is the key factor here, especially if the driver has not been admitted

so you are either poirot investigating the case and having theories based on facts told to you, or you are the witness who was actually there and know what happened and are telling poirot , but the witness could be construed as being the driver too, unless this witness denies it and was only an OCCUPANT of the vehicle

capiche ?


ps, the posts around posts #27 to #32 told you this, coupon-mad told you about mentioning that it was DISPLAYED correctly in your WS, so wording is a key factor, also mention that the parking was fully paid for as per the contract to park,(if true) - so parking was bought and paid for and the parking ticket was correctly displayed at that time (etc)


judges do not like to see parking that wasnt paid for on a pay and display car park, so if it was paid for and the ticket was displayed on the dashboard or in the windscreen area, say so. you can allege that a gust of wind may have dislodged the ticket and that it was found in the footwell, but if you did not see this happen then its a theory to explain the subsequent events - you cannot state that this happened unless you saw it happen, because you were not a witness to it happening at the time (you have made logical deductions as to what happened after it was placed on the dashboard, like a detective would - so its an assumption only)


I suggest you re-read your own thread and the claxtome thread to refresh your memory about your own case, so you dont miss anything else

The_Deep

Willow229 wrote: »

Thank you. Do I admit to the ticket blowing into the footwell?

.

Why not, these things can happen without your knowledge, a gust of wind, someone bumping into our car, or a parking weasel deliberately rocking your car to dislodge the ticket.

It is certainly not a breach of contract worthy of a judge awarding them £100 damages, how have they been damaged? IMO they will lose hands down in court. Take the matter up with your MP and read up on CPR27.14(2)(g) costs for unreasonable behaviour.

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Willow229

Thanks again for your help. I will keep you posted.

Willow229

Hello again, I’m just preparing my WS and reviewing all the papers. The N159 form was signed by the admin assistant at Gladstones, is this right?

KeithP

It is of no significance.