County court claim

Coupon-mad

OK so get it filed in person (get someone to take your file to the court, in person) on Friday.

And email the Claimant their version tomorrow night as soon as you are ready.

harrrymischa

Collating the witness statement as we speak. I will post on here once I've completed. (tonight!)


Few Q's: shall I add a cover note tot he judge just basically apologising for the delay in submitting the statement?


also, I have a screen shot of the pubs Facebook with the date the put up the signs/change the parking terms and its in my favour in the sense its later than what Gladstone's are referencing. It came into force on the 13th July so the alleged breach happened on 25th August however Gladstone's are referencing May 2016. I'm thinking this may not be relevant to include?


Thanks

Coupon-mad

shall I add a cover note tot he judge just basically apologising for the delay in submitting the statement?

Nonono, never!! Just get it filed & served to both court and Claimant's Solicitor, no apology, no drawing attention to any failure of yours.

The hand-delivered file (with all pages numbered and all evidence also with a letter/number identifier) should only have a cover page stating the date and time of the claim, and the defendant's name and 'WITNESS STATEMENT AND EVIDENCE FOR THE HEARING - COURT'S COPY'.

Then a contents page.

Then your WS, dated & signed.

Then your numbered evidence. Could be transcripts, Prankster blogs, photos of signage that changed, that FB page, the IPC Code of Practice sections about 'predatory ticketing' and the section about clear/EXTRA signs being placed when a new restriction is brought in for the first few weeks - the lot.

Then a costs schedule with draft costs for attending (loss of leave/salary with a copy of a wage slip, and travel & parking for the hearing, and time spent at £19 per hour on the case, and other disbursements like p&p and printing).

I have a screen shot of the pubs Facebook with the date the put up the signs/change the parking terms and its in my favour in the sense its later than what Gladstone's are referencing. It came into force on the 13th July so the alleged breach happened on 25th August however Gladstone's are referencing May 2016. I'm thinking this may not be relevant to include?

Wait...you have evidence from the horses' mouth - the landowner - that the dates in the (signed under a statement of truth) Witness Statement are not true, and you are thinking of NOT including that?

Half the point of a WS is to tear into the holes and lies in the other side's evidence and WS!

The other half of the point of a WS is to state the facts as defendant and adduce your evidence.

harrrymischa

Ok no cover note will be included!


and when you put it like that it seems like a great thing to add I was just concerned Gladstone's will try and say that it was another way they were able to inform customers of the changes therefore how could I have not known when they even posted a warning the changes were coming into action on their page.

harrrymischa

me again!


can anyone link me to the legislation/law/code/whatever it is that relates to parking signs. I want to mention that they should be visable to drivers - drivers height etc but cannot remember where I read this?!


Thanks

Coupon-mad

harrrymischa wrote: »

Ok no cover note will be included!


and when you put it like that it seems like a great thing to add I was just concerned Gladstone's will try and say that it was another way they were able to inform customers of the changes therefore how could I have not known when they even posted a warning the changes were coming into action on their page.

Because people don't usually look on Facebook before visiting a pub they are familiar with, and you didn't. You found this when researching the scam and it shows the Claimant's boilerplate WS is inaccurate at best, an unreliable as evidence, and signed by someone who has never set foot in the car park.

And as per the IPC CoP and basic contract law (Lord Denning's Red Hand Rule) and the Judges in the Beavis case who talked about giving 'appropriate prominence' to adverse terms in a consumer contract that may work disadvantageously against consumers, the onus was on the Claimant to make sure their new terms were as clear as a brightly lit arrow 'with a red hand pointing to it' (Spurling v Bradshaw).

harrrymischa wrote: »

me again!


can anyone link me to the legislation/law/code/whatever it is that relates to parking signs. I want to mention that they should be visible to drivers - drivers height etc but cannot remember where I read this?!

There is no such law about signage. But the POFA says there must be 'adequate notice' of the parking charge.

And the IPC CoP (applicable at the time, make sure you read the right one when Googling) covers mandatory signs for IPC members.

Did you read the wins yesterday - two at Guildford v UKCPM, and bargepole posted about the signs being considered by the Judge as incapable of offering a licence/contract. Read his thread, it's right here on page one now, and I posted a reply with a link to the other UKCPM case won the same day by another poster here.

harrrymischa

Thanks I've added that info


can you link me to that bargepole thread?


This is my statement so far. I'm conscious of the time and the fact my office closes soon I'm desperate to complete this tonight!!


Please give me any feedback. (I will proof read and amend the page no's given)




In the xxxxx Court
Claim No: Exxxxx
Between
UK CAR PARK MANAGEMENT LIMITED
and
MISS xxxxxxxxxxxx

---

Witness Statement

---

I am Miss xxxxxx, of xxxxxxx Road, the Defendant in this matter. Where I refer to information suppliers by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief. I will say as follows:

• On the xxxxx 2016 I decided to go for dinner at the xxxxxxxxxx. I parked in the customer car park with my sister as a passenger. We spent approximately 2 hours and 30 minutes eating and drinking with a mutual friend in xxxxxxxxx. I did not use my card to pay for any goods on site as my sister was in debt to me so paid for my meal. At page 1 of HM1 is a bank statement from my sister showing proof of our visit.
  
• I left the xxxxxxxxx with my sister at around 9.45pm on the 25/08/2016. As I did not see the signage I would like to bring to your attention that the signage on site is not lit. At page 1 of HM1 is a copy of my car in transit from the carpark provided by UK car park managementshowing how dark it was at the point I left the site. Also on page 1 of HM1 I have provided my own photos showing the current signage at the site where it is visible to see that the signs are not lit making it impossible for anyone to see.
  
• As the alleged breach happened in August 2016 I have no proof of the signs displayed at the time the breach occurred. The claimant has also failed to provide evidence of the signage at the time of the incident. A great quantity of changes can happen over 2 years, one of which was the font used. Page 1 of HM1 is a screenshot of the xxxxx manager Paul xxxxx confirming changes to the signage since it was erected. On Page 1 of HM1 I have attached a copy of page 23 of the independent Parking Committee’s Code of practice of which the Claimant is an accredited member. In order to be an accredited member of the IPC, compliance with the COP is compulsory. This states that:
  
  “Text used on signage should be of such a size and in a font that can be easily read by a motorist having regard to the likely position of the motorist in relation to the sign.
  
  “If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. You will need to ensure all signs are readable during the hours of enforcement as they form the legal basis of any charge.”
  
  On Page 1 of HM1 I have attached photographic evidence that signs are not illuminated and there is no sufficient other lighting.
  
• I was a regular customer who had previously visited this site and not paid of parking or been on any time restriction. I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. In order to be an accredited member of the BPA, compliance with the CoP is compulsory. At page 1 of HM1 is a copy of the BPA code of practice V6 that relates to allowing regular visitors a grace period to adjust to parking changes. I have boxed the related section in red.
  
  
• The claimant has provided evidence of the contract for the provision of ANPR parking enforcement dated and signed by the xxxxx manager Paul xxxxx on 27/05/2016. The date I parked at the site in question was 25/08/2016. At Page 1 of HM1 is a screenshot of the xxxxxxx Facebook page showing the date of the changes to the parkingas 13/07/2016.
  
• Upon receipt of a parking charge notice from the Claimant, I asked the claimant to supply further evidence, however they have elected to pursue this matter via litigation. At page 1 of HM1 is a copy of my letter for further information following receipt of the parking charge notice. At page 1 of HM1 is a copy of the response I received from UK car park managementwith no response to any of my requests for further information.
  
  
  
• At no point in the correspondence from UK car park management was it explained to me that the onsite businesses in this case xxxxxx could very easily canceled this charge, apparently with one email. On page 1 of HM1 I have attached an email fromthe managers at the xxxxxx showing as the case had been passed on to debt collectors they cannot help therefore I was too late for them to cancel the charge. On page 1 of HM1 I have attacheda copy of theconsumer protection from unfair trading regulations 2008 Page 5 referencing ‘Misleading Omissions’. This refers to UK car park management withholding information regarding the route of cancellation which is a breach of CPTUR 2008.

Coupon-mad

can you link me to that bargepole thread?

Heck no, I never do that when I've told a poster where it is, and who started the thread!

That's the point of newbies getting used to using and researching on the forum for themselves.

You have no idea of the info you are missing if you ask for a link from nowhere, instead of browsing the recent threads.

harrrymischa

Ok

and do I have to submit my costs schedule with my WS?

KeithP

harrrymischa wrote: »

Do I have to submit my costs schedule with my WS?

No, a couple of days before the hearing send it to both the court and the claimant.