Euro Parking Services Court Action

Redx

whilst the bargepole advice is good advice and still holds true for old skool , times have moved on and so has the CCBC, to a point (bargepole wrote his post several years ago when email was not an option , but I bet he uses online systems as much as possible now , including email)

what they should do is revamp the MCOL site to allow uploads of the documents , like popla do, to avoid the email processing , or at least add it as a modern alternative (this is what courts seem to be doing , changing the way docs are filed to online instead of paper , especially since the pandemic hit)

you do as you deem fit , but personally I would be emailing as much as possible , especially the DQ (dont forget to send one to the claimant or their solicitor)

MothballsWallet

Redx: re: revamping the MCOL for uploads, even the Home Office now seems to support Dropbox for submitting documents for visa applications, so why MCOL is still running in the 19th century is beyond me, the technology's not that hard to add.

Redx

Totally agree , it's beyond me too !!!

D_P_Dance

Dropbox is beyond me.  

Sheldore123451453

Hello everyone. **Update**
Got a telephone hearing date for 26th October. Gladstones have already submitted their WS and evidence which I received through the post. It is full of incorrect information such as a site plan where a sign does not exist yet they attached it within their statement and they mention this in the writing too. Also they attached a large print of the signage (found a typo within their sign ) which is not readable in person as shown in my WS.
Pictures of anonymous vehicles have been attached also that are parked incorrectly, I have pictures of poor bay markings which I haven't attached as I'm not sure if it's any use.

They do a lot of similar things as other threads such as redacting the client name and signature on the landowner contract, and altering the statement of truth to say 'the claimant' rather than 'I'. As well as referencing VCS vs HM Revenue & Customs (2013), ParkingEye v Somerfield (2011).

Can you look over my witness statement to see if anything else is needed?
Thanks in advance.

Le_Kirk

If you haven't submitted your WS yet, point out everything that is wrong with the claimant's WS.  They signed it under a statement of truth so are they lying, mistaken or incompetent?  If you have already submitted your WS you could try a supplementary.

nosferatu1001

As above. Every lie, incorrect statement etc sumamrise it. Cast doubt on their WS. Point out how it cannot be relied upon, and because they do NOT have their "witness" in court to be cross examuined, you ask that the court disregards it entirely or at least places lower weight on it. 

Sheldore123451453

I haven't submitted it yet, looking to send it later today. I have mentioned the incorrect signage, lack of signage upon entrance etc. nosferatu1001 said:

As above. Every lie, incorrect statement etc sumamrise it. Cast doubt on their WS. Point out how it cannot be relied upon, and because they do NOT have their "witness" in court to be cross examuined, you ask that the court disregards it entirely or at least places lower weight on it. 

I will add this on also, appreciate the help. Is there anything I can add to do with contract laws? 

nosferatu1001

What are you trying to add? Are you questionig if the signs offer a contract, if they offer certainty of terms, etc?

Sheldore123451453

I am adding this to my WS - how it cannot be relied upon, and because they do NOT have their "witness" in court to be cross examuined, you ask that the court disregards it.

nosferatu1001 said:

What are you trying to add? Are you questionig if the signs offer a contract, if they offer certainty of terms, etc?

I am asking to see if I can add something related to this. The entrance of the car park or the pay and display machine doesn't mention anything about to see the terms and conditions signs around the car park, therefore no breach of contract?
Also, paying for a ticket out of good gesture is worth mentioning?