Witness statement help please - Court date set! Gladstones / UKCPM

bargepole

FlyingHorse wrote: »

Hi Bargepole. thank you so much for this!

I must emphasise that the registered keeper of the vehicle was not the tenant - the tenant was another occupant in the vehicle, but not the keeper of the vehicle itself.

The tenant was also not issued with a permit - they text their reg plate to someone claiming responsibility for parking at the property. She was never issued a physical permit - despite the signs claiming one must be displayed.

Should i reword paragraph 2 accordingly?

Thanks again!!

2. It is admitted that the Defendant is/was the Registered Keeper of the vehicle in question on the material date. The Defendant was, at the material time, accompanied by the tenant of a property at the location at that time, who had previously been asked to text their registration number to an unknown party (possibly the Claimant) claiming responsibility for parking at the property.

bargepole

Para 5 also needs amending:

5. The Assured Shorthold Tenancy Agreement is the legal basis upon which the Tenant occupied the property. On the subject of parking, it states "...if keeping a car at the Property, not park so as to cause a nuisance or obstruction, or sound the car’s horn without due course, or rev the engine or slam the doors late at night...". The agreement does not specify any other conditions of parking, and the Defendant relies upon the Tenant's delegated authority under this contract as having primacy of contract over any purported contractual terms asserted by the Claimant's signage.

FlyingHorse

bargepole wrote: »

2. It is admitted that the Defendant is/was the Registered Keeper of the vehicle in question on the material date. The Defendant was, at the material time, accompanied by the tenant of a property at the location at that time, who had previously been asked to text their registration number to an unknown party (possibly the Claimant) claiming responsibility for parking at the property.

Thanks again, Bargepole. Sorry about this but I have just checked my evidence, and I think that the tenant may actually have been issued a physical permit after all! I am trying to get in touch with them now to check cause I'm not 100% sure about this point now.

If they were issued a physical permit, can I change the paragraph to the following:

2. It is admitted that the Defendant is/was the Registered Keeper of the vehicle in question on the material date. The Defendant was, at the material time, accompanied by the tenant of a property at the location at that time who was issued with a permit for use within the car parking area.

nosferatu1001

No, because the permit has no meaning. The AST grants rights to park and diesnt care about permits. I’d not give the permit ANY legitimacy.

FlyingHorse

OK so if I remove the last part of the sentence, that would suffice?

i.e.

2. It is admitted that the Defendant is/was the Registered Keeper of the vehicle in question on the material date. The Defendant was, at the material time, accompanied by the tenant of a property at the location at that time.

FlyingHorse

Hi All,

An update: After filing my defence statement, I have received a Directions Questionnaire (N180) from the court, which I have filled in as per Bargepole's 'Court Claim Procedure' thread.

I also received a blank DQ from Gladstones Solicitors, despite the letter stating 'Please find enclosed a copy of our Client's completed Directions Questionnaire, which will be filed with the court upon their request.' I accidentally filled this form in with the same text as the N180 from the court as I thought this was the form that I needed to send back to Gladstones - an error on my part.

I have been advised over on PePiPoo to complain to the court about this, and to write to Glastones to demand that they send me a completed copy.

I understand that sending a blank DQ is something that Gladstones do often, however I can't seem to find many examples of this despite searching the forum for 'Gladstones straightforward' as advised elsewhere. I have found a recommended response on Gin and Milk's thread from Coupon Mad, but their received DQ wasn't blank - so I've modified it as follows:

The Defendant opposes the Claimant!!!8217;s request for special directions and requests that the case be listed for an oral hearing at the Defendant!!!8217;s local court. It is noted that this serial litigator has failed to provide any coherent particulars of claim, providing no details except a date and a sum of money unrelated to any parking tariff. Other such claims in the public domain issued by Gladstones for parking companies also follow this same 'cut & paste' model, omitting any facts at all. The vague template particulars appear to be incapable of giving rise to any contractual claim in law and the omissions prejudice the Defendant's right, as registered keeper of a vehicle, to understand the issues and make informed decisions and responses in defence. Gladstones have also failed to send a completed Directions Questionnaire (N180) form, instead sending a blank form. The conduct of the Claimant and their Solicitor suggests an inherent disregard for the CPR overriding objective, when dealing with unrepresented Defendants (as in this case).

It is requested that the conduct of this Claimant and their Solicitor in pursuing scattergun, copied and undetailed claims, apparently as a cheap form of debt collection and to intimidate consumers unused to the court process, is referred for such pre-hearing directions specific to this case, as the Judge may see fit.


Does anyone have any further advice regarding this or could link me to a thread where this has occurred? Also, any advice about how I should word a letter demanding a completed DQ from Gladstones?

Thanks!

nosferatu1001

Blank DQ is NOTHING to do with the straightforward sections. That is only if they have asked for a paper hearing. Have they?

Coupon-mad

Search the forum for Gladstones DQ blank and change the default search to 'show posts' (NEVER show threads).

FlyingHorse

Hi All,

Thank you everyone who has helped so far.

We have been allocated a court date of 29th June and therefore need to write and submit Witness Statement and evidence by Friday 15th June.

I am currently in the process of a first draft of this and wondered if anyone had any initial advice for what should be included based on the Defence Statement that was submitted (see post #21 above).

Is this a case of fleshing out the points made in the defence statement above including reference to previous cases that support those points? Should I include a timeline of events and explain in my own words exactly what occurred on the material date?

The tenant involved has agreed to write a witness statement giving her side of events, should this be just a run through of what occurred in her words as well as reference to any correspondence with the claimant and / or the landlord?

We have not received any further correspondence from Gladstones and have still not seen any evidence supporting their claim. We have still not seen the original PCN that was allegedly sent to us.

I will post a first draft of the WS as soon as I've finished putting it together. Any tips on which cases to reference etc. would be greatly appreciated.

Thanks in advance!

Coupon-mad

Should I include a timeline of events and explain in my own words exactly what occurred on the material date?

The tenant involved has agreed to write a witness statement giving her side of events, should this be just a run through of what occurred in her words as well as reference to any correspondence with the claimant and / or the landlord?

Yes and yes. Both with a statement of truth at the end, then signature and date.

Go & look at the example WS in the NEWBIES thread post #2 (not the defences this time, the WS and evidence listed). Try to replicate what others have done.

Show us your draft.