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Gladstones uk car park management ltd defence stage.

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Comments

  • J88rdy
    J88rdy Posts: 34 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    I had forgotten about it until today when a friend asked how is got on with my 'fine'and court date so yes I'll call them tomorrow. I was just wondering of its possible the opposition hadn't filed some paperwork etc and it had been thrown out
  • J88rdy
    J88rdy Posts: 34 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    evening all. I trust you're all well. I have my court date coming up soon. (late November) currently at WS stage. I won't post here and bore you all to tears but I have a Q regarding my case. basically the car park in question is a pub. it used to allow people to use it for local shops etc then all.of a sudden stopped and ukcp signs appeared. however the signs are still there but shops now have signs up staying that the pub carpark is ok to use . carpark is not pay and display or anpr and my WS references the very poor signage ie.its possible to not see one full stop upon driving in and parking. will the fact it's able to be used again now work in my favour or is it pointless in putting that in my WS.

    cheers.
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    t used to allow people to use it for local shops etc then all.of a sudden stopped and ukcp signs appeared.
    It may well be that the original planning permission for the car park from the LA was caveated that it could be used for purposes other than using the pub. Check it out.
    my WS references the very poor signage ie.its possible to not see one full stop upon driving in and parking.
    Photograph it at the same time of day/night of the parking event. If at night, don't use flash on the camera.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why not go to the shops when they are all open and ask if they are willing to state on a short signed/dated note what happened and what changed/what complaints went flying in?

    You never know till you ask. You need evidence, so ask. You'd need them to sign something, or to email you if they would be so kind, or alternatively agree to be recorded on your phone stating what happened (not just hearsay from you saying 'I asked the shopkeepers to clarify, and they said...').

    I reckon there might be something useful to uncover. Maybe the operation was set up against the landowners wishes!

    While you are there take photos of the signs saying it's OK to park there to use the shops, and (an alternative thought if you can't get the Shop managers to sign a summary of events about this farce) why not in your Witness Statement say you do not know when those signs went up on the shop windows and they might have been there all along, and put the Claimant to proof otherwise...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • J88rdy
    J88rdy Posts: 34 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    thanks guys. this forum is invaluable. I think the pub has recently changed hands hence the new owners again allowing parking on its property. but I'll do some more digging.
  • J88rdy
    J88rdy Posts: 34 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    hi guys, case is getting ever closer. just wondering when the best time for asking the Right to audience question is. and how do I go about doing it without making myself look stupid. I'm not good in situations like this and it's going to be very hard for me to even turn up as it is.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    J88rdy wrote: »
    I'm not good in situations like this and it's going to be very hard for me to even turn up as it is.
    This short video may help:
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Maybe don't ask about RoA if you are not fully conversant & confident with that. Most people don't use that angle here now.

    What did you have in your WS and evidence and what did they put in theirs?

    Did you include the IPC CoP about not issuing predatory tickets, and about new restrictions needing more warning signs, where a site was not previously 'managed' by a scammer?

    And I suspect you can learn something by reading bargepole's new thread about a win at Guildford from yesterday (on the forum a few pages back) to read what a Judge said about what was almost certainly a similar UKCPM sign. Plus I linked two other Guildford cases there yesterday on his thread, one of which was another UKCPM case, won by a poster just like you!

    No link, go find bargepole's thread about his recent win, a few pages back.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • J88rdy
    J88rdy Posts: 34 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    its funny because they have included in their 'evidence'a picture of the 'authorised vehicles only sign' however this is not the same as the sign at the land in question. it's similar but by no means the same.
  • J88rdy
    J88rdy Posts: 34 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    thanks Keith, will i have to read out my whole defence and witness statement or will the judge simply ask questions of it and go from there? this is all becoming very daunting now.
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