Gladstones/SIP Court Claim

Coupon-mad

Maybe take along to the hearing, your last self employed annual summary and some evidence of what you are currently working on this month, that this hearing is taking you away from.

See what you can put together in advance as your costs schedule because that must be filed before the hearing, and shared with the Claimant.

ParkerManc

Ok any final advice on this before I print everything off and take it down to the court.


I,

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, The Defendant, will say as follows::

1. I am the Defendant in this matter. Where I refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief.

2. Exhibited to this Witness Statement are the following documents which I wish to rely upon;

i) Witness Statement of

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ii) Parking Charge Notices
iii) PACE V Lengyel Transcript
iv) Jolley V Carmel Ltd Transcript
v) Car Park maps
vi) Car Park Signage
vii) SIP Support Emails
viii) Car Park Usage Logs






Evidence - CarPark 1

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Street

3. I made all endeavours to adhere to the supposed terms of the car park, paying via the PayByPhoneApp. The signage states that parking is permitted for ‘vehicles fully displaying a valid pay and display ticket in the windscreen or vehicles with an electronic ticket purchased by phone, remaining valid for the duration of the vehicle stay’ and in addition to the requirement of purchasing a parking session, ‘vehicles must fully display a valid parking permit in the windscreen or have an electronically registered permit’.

However this contract is void for impossibility as detailed in PACE v Lengyel, whereby DJ Iyer states….PASSAGE FROM TRANSCRIPT.

In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

4. The proximity of

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Street Car Park to another pay and display Car Park directly next to it, and CarPark2

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Street Car Park less than 50 metres away, means signage at

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Street should be much clearer with regards to being permit holders only. Signage looks almost identical to

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Street which isn’t permit holders only.

5. The PayByPhone App should not accept payment if the entered registration plate is not on the whitelist, SIP are entering into a contract whereby they can not supply me a permit.





Evidence - Car Park 2

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Street

6.On the material dates I made all reasonable efforts to pay through an approved method of payment, the PayByPhone App. Contrary to the email supplied by the claimant that the service wasn’t having issues on the dates in question, I have a support ticket email whereby I made attempts to login to my parking account which needed resetting by SIP, proving an issue with the durability of the App/system.

7.The PCN notes the reason of issue as ‘No Ticket Displayed’. However I can not display a ticket when using the App as it has no provision to supply one. Even if the App hadn’t failed on the material dates, I still would not have been able to adhere to the supposed terms of the PCN.



8. I have parked using the PayByPhone App 94 times and contrary to the claims that I didn’t use the app as instructed, I am well aware of how it works. The amount of times I have paid for my parking shows a respect for the rules and proves my legitimate attempts at parking on the 2 days in question. A failure rate of around 3 percent isn’t awful, but it shouldn’t be the user who bares the cost of bugs in the system. In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

ParkerManc

Also is there any way of putting in a video as evidence?

nosferatu1001

Yes, include a USB stick / / DVD-R (latter is better)
Tqke along your own way of playing it on the daty.

ParkerManc

Thanks Nosferatu! Also, if I'm referring to something that is in the claimants Witness Statement, for example parking records or photos of signage, do I also need to put that in my bundle or just refer to theirs?

nosferatu1001

You just refer to theirs - its why you reference YOUR exhibits INITIALS/001 - they do the same with theirs. Makes it obv which is which then.

ParkerManc

Thanks that saves me a huge amount of work.

ParkerManc

Final piece of the puzzle is finding Jolley V Carmel Ltd 2000 which I can't seem to get a full transcript of, does anyone have a private link perchance?

ld123

*EDIT*
I just realised, Gladstones/SIP originally requested to deal on paper, but we refused - we then had a quiet period as there was an ongoing dispute with SIP/Gladstones that could have affected our case. However it's specifically Judge Iyer that has proposed to deal with the claim without a hearing now. Any advice would be much appreciated - I'd like to get my response over this evening to make sure it arrives in time for the deadline.



Hi there

Apologies for hijacking this thread but I came across this when looking for the correct response to quote when responding to a request to deal with the claim without a hearing. I too have been allocated to DJ Iyer in Manchester, proposing to deal with the claim without a hearing (on papers alone) - this is also a Gladstones/SIP case. However it does not state the same intentions as this case, a brief summary of the letter content;

1. It is recorded that the court considers that this is a claim that can be dealt with on paper, without a hearing, under CPR 27.10. This requires the parties consent
2. The claim is allocated to the small claims track
3. The claim is reserved for the time being to District Judge Iyer
etc.

Would you recommend I do the same and allow the hearing to be dealt with on paper in this instance?

Thanks in advance.

Quentin

Copy and paste this into your own thread and delete it from this thread which is ParkerManc's