Gladstones court claim - your advice please?

System

Is that to make things inconvenient for Gladstones

Yes and no. If you fail to meet the timescales, then Gladstones will automatically apply for a CCJ.

So not getting a default CCJ will be an inconvenience to them. Defence is OK at this stage.

Coupon-mad

Good defence.

I would just add in a quote of the IPC Code of Practice about the 10 minute grace period.

jessielicious

Coupon-mad wrote: »

Good defence.

I would just add in a quote of the IPC Code of Practice about the 10 minute grace period.

Thanks, will do. The driver has text messages which demonstrate how long the car was there - should screenshots of these be included with the defence? Can photos be attached electronically?

KeithP

jessielicious wrote: »

The driver has text messages which demonstrate how long the car was there - should screenshots of these be included with the defence? Can photos be attached electronically?

That is evidence which comes later, at witness statement stage.

System

The driver has text messages which demonstrate how long the car was there - should screenshots of these be included with the defence? Can photos be attached electronically?

While the comments about the evidence coming later is correct, it does not meet the CPR overriding objectives which is to deal with the matter quickly and at least cost.

So send a copy of the evidence to Gladstones for their client's attention stating that the evidence which will be given to the court at the appropriate time shows their client has no case. Add that you are putting their client on notice of costs, should they continue to the Allocation stage.

It puts Gladstones in a spot in that they dare not drop the matter now as it has costs implications. If they do allow it to go to the Allocation stage, then your point about costs kicks in.

jessielicious

Is your reading of this sign that the wording forbids parking, so there is no offer to park and therefore no contract? As per Parking Prankster's blog?

Fruitcake

Where was the car parked? You mention that it was in a space in your OP. Was this space defined by any markings?

The reason I ask is that the Ts and Cs only mention "no parking on estate road ways or footpaths"
If the vehicle was parked in a marked bay/space or layby/pull-in then neither of the above apply. According to that sign, there is no other reason for a PCN to be issued.

The sign is nor saved by Beavis as the PCN charge of £100 is in the second smallest font, and not prominently displayed unlike the rest of the wording.

The comment about retrospective evidence of authority to park is an unfair term. It is not made clear how you get permission before you arrive, although the driver did have permission from the resident they were visiting.

The_Deep

Is your reading of this sign that the wording forbids parking, so there is no offer to park and therefore no contract? As per Parking Prankster's blog?

Yes.

jessielicious

The driver's recollection is that there were approx. 6 'spaces' outside a cafe on the estate, which were marked out by different coloured paving stones. This sign was beside those 'spaces'. No other reference was made to whether parking was allowed there, by whom, how to obtain permission, or purchasing parking tickets. No ticket machines on site. I have received the Claimant's Directions Questionnaire.

Gladstones have never responded to my request for information on the contract that exists between the parking company and the land owner, further details of signage, whether they are pursuing me as driver or keeper, whether they are pursuing me for trespass etc. How can I proceed without this information? How would I ensure it is provided before this goes to court? If I have to go to court without it would it be good reason for the judge to find no case to answer?

I know the advice is not to do it on paper, but actually go to court. I have social phobias etc which would make this very difficult - is doing on paper really so much worse? Is my best hope that Gladstones decide not to proceed once they've seen my evidence? Is it likely they'll do this?

Coupon-mad

How can I proceed without this information? How would I ensure it is provided before this goes to court?

They have to provide their evidence when you provide yours, at Witness Statement stage, two weeks or more before the hearing. For example, this statement i one that goes into your WS, saying that the different coloured paving slabs were set out to mimic bays, and would not be taken by a circumspect driver to be parking on the 'roadway' especially as plenty of cars were using them:

The driver's recollection is that there were approx. 6 'spaces' outside a cafe on the estate, which were marked out by different coloured paving stones. This sign was beside those 'spaces'. No other reference was made to whether parking was allowed there, by whom, how to obtain permission.

I have social phobias etc which would make this very difficult - is doing on paper really so much worse?

Yes, much worse, especially with hit and miss Judges, but you could take a family member with you to speak for you (a lay rep).

Is it here, where there is an edge of slabs that suggests a possible 'bay':

Just looking for a link, if the cafe was the Pear Tree:

https://goo.gl/maps/JgMytpqvA3k

https://goo.gl/maps/6whi3CxXAWM2

Cars do park there, you can use Google images in your evidence to file with your WS in due course.

DO NOT AGREE to the case being heard on the papers. Nonono.