Gladstone - Claim Form Received

nosferatu1001

5 days isnt standard. MCOL pads out to 5 days
2 working days is standard, see the interpretations act.

Just hand deliver to the court.

everest95

Thank you nosferatu1001.

Does the above Witness Statement need any changing / additions if I am the Lay Representative for the Registered Keeper ? My understanding is that I just need to mention to the judge that I am the Lay Representative for the Defendant (and maybe take a copy of the Lay Reps Right of Audience documentation on the day) ?

Coupon-mad

The WS needs no mention of you as lay rep. No need to warn the court in advance.

The D must attend with you, as you know.

everest95

We have now received a copy of their Witness Statement from Galdstones, with copies of the sign, NTKs, their contract with the landowner (i suppose), the site layout, photo of the car etc.

Coupon-mad

Start pulling the evidence to pieces - look for what's missing, or plain rubbish as evidence.

Dates on photos?

Do the signs actually look like that?

Same number of signs as they claim really onsite or have they lied?

Is the 'site layout' merely a Google StreetView (undated) with some flags or coloured dots plonked on, with no record of who produced the document or when or if it's a true representation?

Is the contract actually signed by the landowner themselves, not an agent?

System

Is the contract actually signed by the landowner themselves, not an agent?

Can we see it?

everest95

Do the signs actually look like that?
- Yes it does - they have photos of the signs on the parking bay (but the bay where the car is parked does not have one).

Same number of signs as they claim really onsite or have they lied?
- I have to visit the site and count

Is the 'site layout' merely a Google StreetView (undated) with some flags or coloured dots plonked on, with no record of who produced the document or when or if it's a true representation?
- Yes it appears to be Google Satellite map or even taken from a drone but no mention of source and proof of authenticity / acuracy

Is the contract actually signed by the landowner themselves, not an agent?
- Signed by the Managing Agent

everest95

I think its about time I should be submitting my Witness Statement. So I would really appreciate any last minute suggestions / advice. I intend to submit the following with my above Witness Statement :

(a) photos print signs, entrance signs showing inadequate and difficult to read signs
(b) video of how it looks from a car
(c) The Letter I sent to Gladstones requesting information such as the particulars of the claim and whether they were pursuing me as the driver or keeper.
(d) The Letter Gladstones replied with refusing to give further information other than the pictures provided stating they have complied with the most recent Practice Direction.
(e) a copy of Schedule 4 of the POFA for defending as keeper
(f) a copy of the Beavis case sign
(g) case transcript - ParkingEye Ltd v Barry Beavis
(h) case transcript - PCM v Bull - for prohibitive 'forbidding parking' sign which offer no contract a driver can accept
(i) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' for defending as keeper

nosferatu1001

You dont need to submit legislaiton in full, the court has it there in front of them. At most include an excerpt of the relevant bits.

everest95

Witness statement and evidence pack delivered to court by hand (security guard asked us to drop it in the mail box), posted to Gladstones by 1st class proof of posting and also emailed to several Gladstones email addresses.