URGENT: County Court Claim

Coupon-mad

I know yours is a witness statement but I saw this 'key fob' defence earlier:

https://forums.moneysavingexpert.com/discussion/5905239/county-court-defence-parking-in-someone-elses-allocated-bay

You can use some of those sentences, I think.

System

I’ve received witness statements for all claims over the last few weeks and my hearing is set for next week.

Could we see their paperwork? Pics of the Notice to Keeper, pics of the car, and their "authority" letter.

You should tailor your WS to what they are claiming on the signs.

GolfR12

Thanks Coupon Mad. Will add on a few lines from that to my WS.

IamEmanresu - I will try upload a few pics shortly.

For WS, do I need to go take pics of the car park showing that it is gated and requires key fob or is mentioning it in my WS sufficient? Is there any other evidence that I need to attach with my WS?

Also, yesterday I received a letter from Gladstone’s advising they have discontinued another one of the claims. So from 5, we have just 3 left.

Coupon-mad

If it were me I would take site photos in colour, and a picture of the key fob, and a scan or copy of any email or letter that accompanied the key-fob that grants unfettered access rights...

yesterday I received a letter from Gladstone’s advising they have discontinued another one of the claims. So from 5, we have just 3 left.

Good!

beamerguy

GolfR12 wrote: »

Also, yesterday I received a letter from Gladstone’s advising they have discontinued another one of the claims. So from 5, we have just 3 left.

So if they are all the same, 3 more should follow

Gladstones still living in the past, if they understood the fake claims from the PPC's in the first place, they would not have to waste their time on Robo claims, being whooped in court, and in your case, they discontinue.

How stupid is that but Gladstones will carry on with their stupidity

GolfR12

Final draft of Witness Statement below which I will print and hand to the court tomorrow morning. Unfortunately, it's all that I have managed to get together. I did not manage to go to the site of the alleged offenses today to take pictures during the light so just hope me mentioning this in the witness statement should be sufficient. Hopefully, Gladstones reach their senses and discontinue the final 3 claims; however, I doubt this given there is only 4 days until the hearing.

In the County Court at XXXXX
Claim No. XXX, XXX and XXX
Between
Euro Parking Services Ltd (Claimant)
and
XXX (Defendant)

---

Witness Statement

---

1. I am XXX, of ADDRESS, the Defendant in this matter. I will say as follows:

2. It is admitted that at all material times I, XXXwas the registered keeper of vehicle registration mark XXXX XXX which is the subject of these proceedings. The vehicle was insured with XXX Insurance with two named drivers permitted to use it. Furthermore, several drivers had access to this vehicle via their own Comprehensive insurance policies which allowed them to drive other vehicles with the consent of myself. At no point in time of the alleged offences was I the driver of the vehicle.

3. During the period of 1st July 2017 – 1st March 2018, I was living with my girlfriend due to personal reasons; therefore, any correspondence sent to my home address would have been returned as gone away.

4. Entry to the car park of the property in question, XXX is by means of a key fob, of a type only issued to residents. Any vehicles parked therein are, therefore, de facto authorised to be there. It is therefore my assumption that the driver of the vehicle at the time of all the alleged offences was visiting a resident of the property and would have been granted access to the car park by a resident.

5. In this case the Claimant has taken over the location and runs a business as if the site were a public car park, offering terms with £100 penalty on the same basis to residents and/or their visitors, as is on offer to the general public and trespassers. However, residents and their visitors are granted a right to park/rights of way and to peaceful enjoyment, and parking terms under a new and onerous 'permit/licence' cannot be re-offered as a contract by a third party. This interferes with the terms of leases and tenancy agreements, none of which is this parking firm a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with (the Claimant is put to strict proof).

6. In the Claimant’s witness statements, it is stated that the permits displayed by the driver of the vehicle were photocopies, invalid and fraudulent. However, I refer you to the Claimant’s witness statement for Claim No: XXX in which notes from the parking ticket issuer state ‘there is a valid temporary permit displayed on the dashboard, concierge said he never issued any permit to this vehicle. Issued PCN based on the concierge words that they don’t know where these people got a permit’. I would like to point out this huge contradiction in this witness statement which confirms the permits displayed were indeed valid. It is my assumption that a resident may have provided the driver of the vehicle at the time with the temporary parking permits to display.

7. Furthermore, I would like to highlight that the claimant has discontinued Claim No: XXX and XXX without providing any reasonable justification. This further highlights the fact that the Claimant believes there are no reasonable grounds for these claims.

8. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award me such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14. Given that the claim is based on an alleged contractual parking charge of £100 - already significantly inflated and mostly representing profit, as was found in Beavis - but the amount claimed on the claim form for each claim is inexplicably circa £200 plus, the Defendant avers that this inflation of the considered amount is a gross abuse of process.

9. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

GolfR12

Would appreciate any advice on the above will have last chance to make any amendments first thing in the morning

Coupon-mad

3. During the period of 1st July 2017 – 1st March 2018, I was living with my girlfriend due to personal reasons; therefore, any correspondence sent to my [STRIKE]home[/STRIKE] previous address would have been returned as gone away, and thus any letters from the Claimant were never served during that period.

As above, as a suggested change of wording...

Why are you not adducing ANY evidence referred to in this WS - that's a huge mistake even if you can't get photos. Surely you can adduce:

- a picture of the key fob, and

- a scan of the temporary permit, if it still exists, and

- a scan or copy of any email or letter that accompanied the key-fob that grants unfettered access rights

- something from the tenancy or lease, or landord that grants permission to park?

- an extra witness statement from the resident, confirming they gave the driver a valid permit?*

- the insurance document showing more than one driver (partially redact the full name(s)

- PCM v Bull & others (prohibitive signage) if the signs make no parking offer at all to drivers without a valid permit

- other transcripts like PACE v Lengyel, which is a good general one (that and Bull are hosted by the Parking Prankster in his Case Law pages)

- a copy of the Beavis sign to compare with their small print, sparse signs (as the NEWBIES thread links, in the ''suggested evidence'' section under the Witness Statement examples)

And you should be mentioning the inadequacy of the signage.



* this is horribly weak, hearsay and even sounds a bit evasive:

It is my assumption that a resident may have provided the driver of the vehicle at the time with the temporary parking permits to display.

GolfR12

Thanks Coupon mad.

Should I replace home with previous as I am not back living at that address? So in fact it is my home address: however I moved out during that period for personal reasons.

I am unable to provide a copy of the lease agreement, a picture of a key fob or witness statement from a resident as I do not know the resident who was being visited nor am I sure if they still reside at that property. Unfortunately, I no longer have the parking permits either.

Insurance document showing more than one driver I can include.

The signs stated ‘Private Land - Pre-Authorised and Permit Holders Only. See signs on site for full terms and conditions’

Signs on site I will include a pics of below:

GolfR12

Please click on the below link to see the signs on site:

https://imgur.com/a/WmTOj4v