Gladstones court letter parking on double yellow lines

Coupon-mad

Paying is not the simple option. You have all weekend to put a simple WS and evidence together that can be done in one afternoon whilst watching the footie. Easy stage. Rescuable, I promise!

You're not alone, but you were meant to read the NEWBIES thread that clearly tells you 'DEFENCE IS NOT YOUR ONLY JOB' and shows you example WS and typical evidence to file in time (or late!).

Post #34 here in October we told you to read this 'what happens when' summary to be prepared:

Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

https://forums.moneysavingexpert.com/discussion/5546325

But like I say this IS rescuable even though you have not followed our advice, we still rescue people like you if we can. Other people got a WS and their evidence in late, and won:

https://forums.moneysavingexpert.com/discussion/5857395/court-case-pending

Johnersh is a solicitor and he posted there to someone in YOUR EXACT POSITION:

Personally, i'd spend my Sunday doing a witness statement if you've not lodged one. It can be emailed to the solicitors for the PPC and posted first class to your local county court first thing on Monday. Even better if its close enough to drop off by hand.

...and they went on to win the hearing - you do have to turn up of course.

So, get busy this weekend and do it late like Publican Paul did (his went in with a day to spare):

http://forums.pepipoo.com/index.php?showto...13246&st=20

...and it can still be won, like these two people (ordinary people like you) did too:

http://forums.pepipoo.com/index.php?showto...12462&st=80

http://forums.pepipoo.com/index.php?showtopic=118030

Don't panic but we are concerned that you have mentioned Gladstones own WS as if it's a surprise, and haven't been here at all in between despite getting the letter from the court that told you when to file your own WS and evidence...

And here is a WS and evidence talked through:

https://forums.moneysavingexpert.com/discussion/comment/74458104#Comment_74458104

Sb1971

Thank you guys, I have read through the threads but no other claims seem to be the same as mine.
Galdstones are not sending anyone to the court due to personal reasons and have sent a witness statement challenging my original defence letter.
The court date is tomorrow and I really don't know what to do.
I was away for the weekend only returning this morning hence my late reply to your messages on Friday.

Sb1971

Actually one thing I did see on the links you have sent is the witness statement says "The facts and matters set out in this statement are within my own knowledge unless otherwise stated I believe them to be true."


Could this be a valid defence in itself?

System

Their WS is what you need to pull apart so could be see the pic of the signs they claim were there and the contract they claim gives them authority. Neither should have personal details so it will be OK to list them on tinypic or similar.

Once we see them there will be ammunition for you.

Sb1971

Thank you, would a dropbox link be ok?

Sb1971

https://www.dropbox.com/sh/e88pfwctq85s33u/AAA28lgbtde_9Awtb0sTSzDja?dl=0


Here is the dropbox link, I hope this works, if you cannot access please let me know.
Thank you

Coupon-mad

The court date is tomorrow and I really don't know what to do.

Told you what to do.

NONE of the cases linked were meant to be the 'same' as yours, merely to show you to do a darn WS quickly! To give you confidence to rescue your omission, and you didn't bother?

Now here we are several days later...and you still say you don't know what to do...Whaaaat?

A WS, email it to the court and claimant with your evidence as well - NOW.

And take it all with you and hope the Judge lets you use what you emailed today.

All I can say is I hope you strike lucky like Jamran did yesterday with no WS:

https://forums.moneysavingexpert.com/discussion/5745773/ukpc-county-court-defence

and no, that case is not meant to be 'the same' as yours either. Just to show you miracles can happen but for the love of God throw together a WS in the next hour and get it emailed.

Nothing else takes priority, do it and your evidence, before 3pm. URGENT.

Example WS and a crib list of the sort of evidence to file is in the NEWBIES thread 2nd post. A WS is a very very easy 'what happened when' and why you are not liable, statement in your own words.

And you then file your case transcripts (Jopson, Pace v Noor, Saeed v Plustrade, etc. you know, the ones mentioned in your defence months ago, that are easily available online in the Parking Prankster's case law pages) and your evidence of primacy of contract (lease agreement?).

Decide if you are going to defend as driver? You MUST be honest, not come across as trying to hide something by defending as registered keeper, if you KNOW it was you who parked.

Actually one thing I did see on the links you have sent is the witness statement says "The facts and matters set out in this statement are within my own knowledge unless otherwise stated I believe them to be true."

Could this be a valid defence in itself?

No. That's normal, a statement of truth in a WS, yours will have one too. DO IT RIGHT NOW.

System

The contract looks OK but the pics are very poor and have low evidential value. Get onto Google Street View and print out clear pics of the road up to the location. The people that have brought in UKCPM appear to own a very small road off of St George's Close rather than all of St George's Close - though the Land Registry copy is not clear either.

They haven't shown pics of the signs in-situ just their guess of where they might be.

All in all it is the normal Gladstones crap and it should be thrown out for want of certainty.

Hope you have sent Gladstones a list of your costs as they look fair game on this one.

Sb1971

https://www.dropbox.com/s/yxxh1mmyzelzzn4/Photo%2003-07-2018%2C%2013%2004%2034.jpg?dl=0


Hopefully the pictures are clearer in this link.
Thank you

System

The signs have since been pulled down so we do not know what they said.

Galdstones are not sending anyone to the court due to personal reasons

You win this by showing the level of uncertainty with the pics, the locations itself (Google Street View). To all intents it looks like a public road with a small private space off.

If you cannot get costs from them tomorrow, ask that the judge makes an order restricting UKCPM for taking any more cases from this location to court until they satisfy themselves (and the court) of the scope of their client's property and therefore UKCPM's authority.

It's a simple, reasonable request to save the court and other court users time and effort with badly drafted claims.