Gladstones - Directions questionnaire - hx parking management and their misleading

Illiterateplonker

Thank you for your help so far, it’s really appreciated.

nosferatu1001

Being told, by someoneyou had a reaosnable belief is authorised to tell you, that you dont need to buy a ticket WILL standa up. A witness statement is a piece of evidnece, and its up to the judge to decide if you are credible.

Illiterateplonker

Thank you. The annoying thing is because I was verbally told of this I then incurred a further 2 tickets.

Which is why I’m struggling on how to handle this situation as in onehand, the fact I’ve brought a ticket initally and then not the following other times shows my case to be true. However, the tickets have been sent seperatley in 2 parts. So I don’t know if to fight them individually or together.

Also Lamilad, I have requested the merge however the board member hasn’t logged on since my request so I’m just waiting. I would be really grateful for your help when it’s done though if that’s ok still.

Thank you all.

Illiterateplonker

I don’t suppose anybody could please advise me and offer critique on my final defence before a court date is set?

I also need advice on how I play my other 2 parking tickets that I have incurred as a direct result of being advised that a parking ticket was not needed. I have correctly followed the ‘Newbies thread’ procedure for my 2nd parking ticket and have given myself extra time, but I need to submit this by Thursday (following week) but I don’t want to submit that defence until I have my first one in place.

Any help would be gratefully received.

Thank you!!!

Crabman

Threads have been merged

Coupon-mad

So I have now received the ‘particulars’ of my case with Gladstone’s.

Surely you mean you have received their WS, and that you are now writing your own WS (the story of what happened, in the first person, including being told you could park there) and putting together your evidence, including those photos of signs?

You are not at defence stage. You are at WS stage, and presumably you have a local court date now, and are preparing this WS in time based on the court instructions?

Illiterateplonker

The letter I received is a ‘general form of judgement order’ . It doesn’t say anything about a witness statement, but it does say I can submit an amended defence if desired.

I had also received an email from Gladstone’s which included ‘particulars of claim’

Neither letter or email mentioned a anything about ‘witness statement’ though... would that be the next stage?

Also my 14 day extension expires this Friday. I’m still unsure if to include this situation in that defence or if to treat them as completely separate.

System

What has happened here is that the court has ordered the Claimant to issue new particulars (which have been sent but will look like their WS later).

You have 14 days to reply with your defence or to settle. So you need to get something in to challenge the new particulars.

Once this stage is done, the court will send you another letter called Notice of Allocation and on that will be instructions about the date of a hearing and when Witness Statements + evidence has to be exchanged. It is usually 14 day but you can check it when it comes.

Your immediate task is to draft a defence to the "new" particulars in time.

Loadsofchildren123

nosferatu1001 wrote: »

Being told, by someoneyou had a reaosnable belief is authorised to tell you, that you dont need to buy a ticket WILL standa up. A witness statement is a piece of evidnece, and its up to the judge to decide if you are credible.

I agree with this. You were TOLD by the business whose carpark it was that you didn't need to pay if you were a customer. You were not told by a bystander, but an employee, and were entitled to believe them and act upon it.
Plus the signage and placing of the ticket machines, which led you to believe that the restrictions only applied to carpark 1.


When you amend a defence, you don't submit a new one. You start with the old one. You cross out deletions and underline additions. Preferably in red. Nothing stopping you crossing out most of it and starting again, you've been handed this on a plate to correct your first defence.


I think you may be given a bit of trouble if you cross out the partial admissions you made before, but do it anyway and play the "I'm a LiP I didn't understand the law or procedure, but I do now" card.

Illiterateplonker

Thanks! According to the letter I have 28days to submit an amended defence. Which is the one I had posted above, (although I have not yet submitted it) it falls in love with my original defence albeit a less illiterate one. The only difference is that my original defence I offered to pay for the remaining ticket value as that what effectively this was all about. (Silly I know)

My defence for my 2nd tickets need to be submitted by Friday though. This is for 2 further parking tickets I received from the company however this time I had not paid at all. I had not paid as I had been led to believe parking was free from my previous visit.
So do I submit a defence that makes no mention of the verbal confirmation I received previously to state payment was not needed for using the facilities and make reference to my original ticket or do I just use the lack of signage as an issue, and also mention keeper of the vehicle etc.

If that makes any sense.

Also there is a Facebook page that somebody has made me aware of, that contains loads of complaints from other users who believe they’ve been unfairly penalised at the same complex. Can I use this to show that there seems to be a problem? Or shall I leave this out completely? (In reference to my original ticket)

The wealth of information I have received from every one of you guys has been greatly appreciated, honestly I have learnt a lot and although I hope never to ever revived a ticket again I know at least have some knowledge about the rules and regulations regarding it. Thank you