Court papers SIP/ Gladstone “failure to display”

Bucko78

Thanks for the help so far,

How long does the defence to my case need to be? I read some real long winded cases which I’m sure maybe comprehensive to the right kind reader, but they a bit mind numbing to anyone who has no affiliation with the sections and regulations or acts what ever the case maybe,

Can broad common sense be used or am I looking to find a page full of loopholes to damn their case..

I’m not a legal eagle, but someone who can read between the lines where wrongdoing exists.. I’m kind of hoping that a couple of one line reasons can prevail rather than going through the motions of trying to be a solicitor..

My stance is that the car was parked and duly paid for witha valid ticket at the time of parking.. no overstaying, no crossing the bays...a legally bound and compliant pay and display vehicle.

The parking company have turned this around to authenticate their grounds for making a case against me.

The ticket stated on the back....”display on the dashboard”

however, the dashboard in my interpretation (or in google or Wikipedia ) clearly states
A dashboard (also called dash, instrument panel (IP), or fascia) is a control panel located directly ahead of a vehicle's driver, displaying instrumentation and controls for the vehicle's operation.

That’s exactly where our ticket was located..not sure if this technicality is picked up by them or not..??
They may assume the dash is the top area where the demisters blow through..which is their tough luck..

The attendant ( like in most cases) took damning angles in which they photographed the drivers area of the car, purposely missing out or obscuring the ticket which was clearly there to be seen.

Am I correct in saying that if there is no pre estimate of loss, then the fee they are pursuing me for can’t exist.. ive paid so what loss have they sustained to their business, it’s not my problem that they go out of their way to fabricate a breach..

KeithP

Bucko78 wrote: »

...it’s not my problem that they go out of their way to fabricate a breach..

Yes, it is your problem... that's why you are here.

Bucko78

It’s everyones problem... looking from the outside in, (as a single case) theres I festering pot of scum out there which needs vaporising from the planet.

It only becomes a problem when you come on here and see how many people seem to be getting hung out to dry... guilty of one thing.... of being someone’s customer.
The government should outlaw these private car parks and regulate system.. the stress and inconvenience that families sustain when a letter of this kind arrives at someone’s door is unfounded.. something needs doing..


I’ve recently started using the private car parks daily as a part of my work placements.. I’ve had 3 tickets in 9 month
-Phone apps failing to confirm payment
-Anpr cameras catching you come and go within a few minutes.
-and failing to display.(.when we have..)

All complete !!!! takes..

Umkomaas

something needs doing..

Well come and join us and help others, a real way of ‘doing something’.

Bucko78

I really think it’s a positive way forward in strengthening the publics’ hand..

The grounds on which these scumbags play put those with geniune good will and morality at a disadvantage. Why should people have to fight something that they have no initial intention of engaging in ?
The frail, the scared, the intimidated, the passive...are those that aren’t the ones on here.. they are paying up with no contest.. and it’s complete exploitation to the highest degree..

The government need to create robust regulation to sieve out the 99percent of bull #### claims that are being tried upon the good law abiding citizens of this country.

At the moment, you good people on here advising and fighting them will eventually run out of steam if a swift hand to aid yours ( mine and everyone else’s cause) campaign isn’t implemented to ease the burden.
It’s great for you to dedicate your time to assist.. I salute you..

I’ve already spent about three months on and off here reviewing situations and cases in order to just defend my own corner..that’s a nightmare in itself..
I’ve won 2 out of three so far, so i’m No pushover..

Redx

Bucko78 wrote: »

Thanks for the help so far,

How long does the defence to my case need to be? I read some real long winded cases which I’m sure maybe comprehensive to the right kind reader, but they a bit mind numbing to anyone who has no affiliation with the sections and regulations or acts what ever the case maybe,

Can broad common sense be used or am I looking to find a page full of loopholes to damn their case..

I’m not a legal eagle, but someone who can read between the lines where wrongdoing exists.. I’m kind of hoping that a couple of one line reasons can prevail rather than going through the motions of trying to be a solicitor..

My stance is that the car was parked and duly paid for with a valid ticket at the time of parking.. no overstaying, no crossing the bays...a legally bound and compliant pay and display vehicle.

The parking company have turned this around to authenticate their grounds for making a case against me.

The ticket stated on the back....”display on the dashboard”

however, the dashboard in my interpretation (or in google or Wikipedia ) clearly states
A dashboard (also called dash, instrument panel (IP), or fascia) is a control panel located directly ahead of a vehicle's driver, displaying instrumentation and controls for the vehicle's operation.

That’s exactly where our ticket was located..not sure if this technicality is picked up by them or not..??
They may assume the dash is the top area where the demisters blow through..which is their tough luck..

The attendant ( like in most cases) took damning angles in which they photographed the drivers area of the car, purposely missing out or obscuring the ticket which was clearly there to be seen.

Am I correct in saying that if there is no pre estimate of loss, then the fee they are pursuing me for can’t exist.. ive paid so what loss have they sustained to their business, it’s not my problem that they go out of their way to fabricate a breach..

seems to me that most of what you are talking about is not a defence

a defence are the legal parameters that allow a case to go forward or be struck out , so legal arguments, which are not about personal issues or personal explanations

later in the process (read the BARGEPOLE walkthrough) you will provide witness statements etc (including yourself as witness number 1) and that MAY be the time when the background info etc becomes relevant , especially common sense

you are correct in that the initial judge doesnt want to see a long winded defence cluttered up with non-legal information and pontifications

recently one was lost at theis early stage because the judge called it a "blunderbuss" defence , blunder being the operative word

draft your defence based on legal arguments as shown in other defences , if it isnt a legal argument then dont put it in

you can allude to events that can be further expanded in the witness statement (if it gets that far)

but if a judge cannot separate the wheat from the chaff (there should be no chaff at all) , it may not go well for the defendant (so all this extra pedantry about a dash or dashboard etc is nothing to do with the actual legal points of the defence)

read up on the 2 year old BARRY BEAVIS case if you want to know where almost a dozen judges stand on your gpeol ideas , and why that angle would probably fail miserably

and yes its your problem because you are being sued

those of us that arent being sued (or have been and won etc) help to advise others like yourself to fight these parking scumpanies and dodgy lawyers

and yes the government should sort it out , hence why you should get your MP to support that private members bill

if those of us without parking tickets and without court cases can do this, then those who are directly involved should DEFINITELY be doing something practical about it

Bucko78

Hello, please could you have a look over this and advise me on what you think..
This is my draft defence which I’m hoping is on the right lines..just need some guidance please as I’m a little unsure.

Thanks in advance..

Claimant
SIP PARKING / GLADSTONE SOLICITORS

Defendant

*************(

Outline defence:-

-Allegations of failure to display
-Penalty issued is not a pre estimate of loss
-Photographic evidence
-valid pay and display ticket


I confirm that I am the defendant in this matter and registered keeper of vehicle *******. I admit that I was the driver at the time of the alleged contravention.
I refute any such claim that I am responsible for failing to abide by any of the terms and conditions set out within the confines of the car parking facility.

The claim issued by SIP Parking is denied in its entirety. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case.

1. The Defendant is alleged to have breached the terms and conditions by failing to display a valid ticket, these allegations are both untrue and unfounded. I confirm that a valid ticket was purchased and it was displayed in accordance with the directions stated on the ticket.

2. It is commonly known that parking attendants representatives go to extreme lengths to conceal and manipulate evidence to create a situation where a persons good practice and integrity is condemned. The defendant is pursued under a pseudo parking breach which could be defined as entrapment.

3. The claimants representative like in many cases has been issued a copy of my valid ticket in subsequent correspondence to uphold integrity of both parties and avoid the inconvenience of being brought through the channels of the legal system. I supplied photographic evidence to balance out any doubt (or biased misinterpretation) which was created purposely by the attendant as the camera circumvented the areas where my valid ticket was clearly on show.

4. The defendant withdrawn the right to appeal to the claimants organisation based on the facts that the adjudication process was internally biased and flawed. It is worth mentioning in my defence that Gladstones Solicitors, and the IPC are working ‘in house under the same directorship’ to promote their own success which doesn’t work to serve the publics best interest, I cast doubt that my appeal would have even been looked at, let alone revoked.

5. The particulars of claim raises doubt that there is little in the way of detail to support their claim. The structure and depth to these particulars of claim are diluted, the defendant would suggest that this is another sporadic ‘robo-claim’ whereby no real grounds or reasonable amount of involvement has even taken place to justify the escalated costs associated with these losses / damages. The Claimants are renown by HM Courts Service for the sporadic issuing of these commonly known ‘robo-claims’ which as such are against the public interest.

6. In a pre estimate of loss; where a valid ticket costs £2.00 the defendant questions the legitimate grounds for any radical escalation/ uplift. No losses occurred in this case. To conclude the fees and damages of £160+ are excessive based upon the initial purchase of a parking ticket.

Coupon-mad

Do not say this:

Penalty issued is not a pre estimate of loss

...and you need to read more Gladstones defences that say a lot more than this, usually. It seems short.

Bucko78

I’ve read some previous drafts but I’m not sure what else to quote without picking out random blurb
POFA,...for instance I have no idea what applies to my case.

I have read a lot and I think if I was a judge it would be repeatative spiel..(prefabricated jargon)
There was one I was reading which looked well but I’m not well up enough on the content, I’m relying solely on the facts I have to hand, and I’m shying away from adding material which I would be uncomfortable about not knowing.
How else would you expect to approach this, I need to have this in by the 14 th nov, and I’m worried that I’m just going to make a fool of myself when someone reads through it..

Thanks

Bucko78

Can someone jump in and help please, I don’t want to expire my defence deadline with what’s been advised so far as too short..
I’ve really got to get this together and I’m a little worried.

Do I do my witness statement inclusive of this...
Is that what’s missing?