Gladstones court claim - your advice please?

jessielicious

Coupon-mad wrote: »

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:



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.

Slightly further round behind the cafe, roughly where that motorbike is:

https://goo.gl/maps/FY1bZygQzjR2

But still, if the sign says no parking doesn't that mean it can only be trespass, which means only the land owner can bring a claim? Also, in witness statements and in court do I still need to avoid naming the driver?

Coupon-mad

Well you can see from the motorbike and car parked in that image on GSV, that people take that to be a bay. Also, it's a square area beside/adjacent to the cafe with a 'bay edge' clearly intended for parking, just as the other laybys are further back on the approach road, where lots of cars are parked on GSV.

And there is no sign in the actual bay, so the sign appears to refer to the roads, and offers no contract, just bans parking on the road, which you did not. You did what everyone else there does, parked in a marked bay with no sign at it. Perfectly understandable and who even knows what remit the Parking Firm has from the landowner, is this really intended as a 'no car zone' at all? If so, why is that not clear?

But still, if the sign says no parking doesn't that mean it can only be trespass, which means only the land owner can bring a claim?

Yes that can be argued, like you see in other similar defences here.

Also, in witness statements and in court do I still need to avoid naming the driver?

Yes or no, your choice. Two distinct ways to look at it:

- if you were driving and are the Defendant, it should be easier for you to talk about at the hearing if you can explain in simple terms what you saw/no signs/why you parked/that you accepted no contract whatsoever, to pay £100 to park at a cafe in a bay with no sign in it. Nice, honest defence, less nervy.

or

- if you were not the driver, and/or you have never said who was driving and have found a major flaw in the NTK that means the registered keeper can't be held liable (or if there was no NTK at all) you might want to defend as keeper, relying on the POFA that you can't be held liable.

jessielicious

1. Can I submit a copy of this to Gladstones via email? This is how they sent theirs to me. Obviously I will send a hard copy to the court office by post.

2. Unavailable dates for the next 6 months are requested - but how long on average does it take to get a court date? Just wanting to gauge how long I'm likely to have to prepare my court bundle.

Many thanks

nosferatu1001

Does this relate to an existing thread? If so, why havent you included it there?
1) Yes
2) no such thing as average. Varies by court. So just get on with it.

KeithP

Jessielicious, please ask a Board Guide to merge your threads.

jessielicious

Could this please be merged with my original thread, which is this one: https://forums.moneysavingexpert.com/discussion/5809952/gladstones-court-claim-your-advice-please
Apologies for the oversight.

KeithP

jessielicious wrote: »

Could this please be merged with my original thread, which is this one: https://forums.moneysavingexpert.com/discussion/5809952/gladstones-court-claim-your-advice-please
Apologies for the oversight.

PM a board guide with your request.
You've been here long enough to know about board guides and private messaging.
If not, at least you'll be able to find out easily.

jessielicious

KeithP wrote: »

PM a board guide with your request.
You've been here long enough to know about board guides and private messaging.
If not, at least you'll be able to find out easily.

Is the snarky comment entirely necessary? If I'd known, I'd have done it, clearly. I may have had the account a while but I rarely use the forum.

Coupon-mad

Send a pm to Crabman or soolin, asking for the 2 threads to be merged here.

Crabman

Threads have been merged