County Court Claim - Gladstones / ES Parking

Bluestone1

Its been a while since my last update, but ultimately was successful in court today some two years to the day this alleged parking infringement took place.

Gladstone’s were permitted by DJ Anson to have another go which they duly did and I followed with a revised defence.

Then came along the witness statements which flushed out photos, contract with landowner and signage details etc. I went to town with my statement, which resulted in them needing to sneak a further statement in two days before the hearing, which I created a fuss over.

In summary -

DJ probably thought I was parked on the land but acknowledged claimant couldn’t ultimately prove I was.

I challenged the land owner agreement, which I’m sure must be similar on all ES sites and is fundamentally flawed at clause 9. They have got the defined terms mixed up between the Company (Landowner) / company (ES). Agreement says Company is regarded as Creditor pursuant to POFA. Judge said at the end he was impressed with this argument and said it had merit.

The lighting was shocking with 11 out of 19 lights not working, signs missing, vandalised or hidden on remaining columns. Judge accepted any driver would not be aware of parking signs.

In terms of the actual parking sign, this was a standard ES A4 sign Permit holders only sign. The judge took real issue with this saying it was fundamentally flawed and sign did not create a Contract and only applied to people who are a permit holder. This is a trespass matter and at best a loss claim.

No enforceable claim.

I then jumped in with a costs application as kindly set out on here.

Judge supported my ordinary costs £110, but felt I didn’t quite get home on unreasonable behaviour 27.14(2)(g) despite him hammering them about issuing proceedings to a known previous address and coming up with essential info in witness statements some 22months later.

All in all, I’m pleased with the result, £250 parking charge quashed and a payment to me for £110.

Thanks again to all who supported me in the early days.

Coupon-mad

Wow, VERY well done and thanks for confirming!

Another one bites the dust!

I challenged the land owner agreement, which I’m sure must be similar on all ES sites and is fundamentally flawed at clause 9. They have got the defined terms mixed up between the Company (Landowner) / company (ES). Agreement says Company is regarded as Creditor pursuant to POFA.

Judge said at the end he was impressed with this argument and said it had merit.

We MUST remember that about ES Parking contracts; it is a good argument.

In terms of the actual parking sign, this was a standard ES A4 sign Permit holders only sign. The judge took real issue with this saying it was fundamentally flawed and sign did not create a Contract and only applied to people who are a permit holder. This is a trespass matter and at best a loss claim.

No enforceable claim.

DJ Anson has that sussed.

Congrats on your victory and costs awarded! :T

Bluestone1

It was actually DJ Burrow today although I’m sure DJ Anson would have arrived at a similar conclusion.

Thanks again.

Coupon-mad

So glad to hear the Judges at Preston get it, about prohibitive signs not making an offer to non-permit holders.

System

Well done.

Concerned that my guess at #10 about what would happen was short of the mark. This sending out a revised WS a few days before is a new trick/new low for them.

What was the name on the first WS and the subsequent one?

I would like to suggest that the generic complaints about "Gladstones" become a far more focussed complaint about individual solicitors. It may be that as certain solicitors are being negligent in their duty to the court and to LiP's (they do have a duty). Just have to flush them out in the same way Schwarz was flushed out.

beamerguy

Well done Bluestone1:beer::beer:

Gladstones continue to disgrace themselves, the courts
must be really fed up with the trash they use

Difficult to understand why PPC's use such an incompetent
bunch

Bluestone1

First statement - Claimants witness statement

Second statement - Supplimental Claimants witness statement.

KeithP

I may be wrong, but I think IamEmanresu was looking for the name of the individual who signed each of the Witness Statements.

Bluestone1

They were both in the name of Brian Hargreaves.

Coupon-mad

ES Parking chappie then.

We MUST complain to Judges each time about 'second/late ambush witness statements'.