Claim form received for UKCPM/Gladstones case

geordie777

Hi coupon mad,

The driver pulled into the parking bay whilst waiting for another vehicle to vacate a space in the pub carpark which shares the same location. The layout of the carpark is really ambiguous, there are only 2 or 3 bays that belong to the dental office, the rest are a wetherspoons carpark managed by a different operator and with a 2 hour free stay. The driver wanted to use one of these bays, but they were all full. Just as they were about to leave the carpark, someone was leaving the pub so flagged my driver to say they could have the space. The vehicle was never actually parked, the driver simply used the bay in order to let the other vehicle out. In the couple of minutes they were stationary, someone took a photo of the car from the main road, making it appear it was parked.

Coupon-mad

Absolute SCAM!

I think a Judge would believe that statement, especially if the angle of the photos from a slight distance, matches the story.

So what you just said there needs to be part of your WS, definitely.

The NEWBIES thread has examples of WS and a typical evidence list, and you could add in any newspaper articles supporting the view that UKCPM act in a predatory way (there must be some, or Parking Prankster blogged reports, even) plus excerpts from the IPC CoP that talk about not being predatory, and having to act professionally, and grace periods before enforcement.

Show us the WS draft.

geordie777

I have sent a SAR to the parking company, in order to obtain copies of the photos etc before the court hearing. I also wrote to Gladstones to ask them to put a hold on the litigation, due to the SAR and barring any further data processing. They have written back to advise they refuse to hold litigation, as their client is more important than my rights as an individual!!! Surely this can't be right?

geordie777

Here is a first draft of my witness statement - any opinions gratefully received.

In the matter of

UK CPM (Claimant)
v
XXX (defendant)

Claim no:

Witness statement of XXX, defendant


I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.


1. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and there is no obligation to name the driver to a private parking firm. It remains the burden of the Claimant to prove their case.

2. The Defendant denies being the driver at the time of the supposed event, and therefore puts UK CPM to strict proof that any contract can exist between the Claimant and themselves.

3. Having not heard about this matter in years, suddenly in 2018 I received a letter and a court claim out of the blue and I have researched this and discovered that Gladstones are issuing robo-claims for archive 'parking charges' in their thousands.

4. My DVLA data was supplied for the single strict purpose of enquiring who was driving, not for storing for 2 years then suing me as if I can now be held liable, in the hope I will not defend/will have lost the paperwork/will have moved house, or even better, that I will be so scared that I will pay over £260, for what was apparently an unproven £60 charge, allegedly incurred by another party, if incurred at all.

5. The claimant has failed to properly respond to my request made on 11th October 2017 by royal mail postal service, requesting any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowner’s behalf. My request was not actioned appropriately (I received a letter advising they were not required to provide any further information).

6.On the day in question, the driver of the vehicle was visiting a Wetherspoons pub in Whickham, the Harry Clasper on Front Street. The carpark for the pub offers 2 hours free parking, and is managed by another parking firm. On entering the carpark, the driver noted the bays were all occupied, save for 2 or 3 which are on the same land, but belong to another business. Just before leaving the carpark, a customer left the pub and indicated to the driver that they were leaving the carpark and would let them have the parking space. The driver of my vehicle pulled into one of the empty bays in order to allow the other car to leave. It was whilst waiting in this bay that a photograph was taken from a distance, allegedly showing the vehicle parked in contravention to the signage.
At no time was the vehicle actually parked in the bay for ‘The Bungalow’, but simply used the space in order to allow another vehicle to pass and free up a pub space.

7. On revisiting the carpark in question, it is obvious that signage is totally inadequate. The sign at the entrance states 2 hours free for pub customers, and only a small sign attached at height to a post in front of the offending bay gives any indication that it is not part of the pub carpark. The bays are directly opposite the pub carpark bays, and there is no clear indication that they belong to another company.


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



Signed xxxxxxxxxxxxxxxx


Dated xxxxxxxxxxx

System

Para #3 and 4 should come out as irrelevant. The key para 6 should go towards the top.

The bit the judge will look for is the timestamps on the photos to see if the car was maneuvering or parked. So if you think the car was parked then leave it out and just work on the signs angle.

geordie777

Thanks IamEmanresu

I don't have the original photo sent with ticket, so will have to wait for the SAR response.
The problem is, this may not arrive in time for the witness statement due date. This is why I asked Gladstones to put a hold on litigation - any opinions as to how I proceed now they have refused? I intend to include their letter in my court bundle showing their unreasonableness...

System

The WS has to go but you have the opportunity to argue later in a Skeleton Argument when you see their WS which you'll get soon. You can then check and decide.

geordie777

This is the only photo of my vehicle that the parking company has. It shows the vehicle stationary in the bay, but no evidence that it was 'parked'. It also shows the height of the signs, not at reading height from the driver's seat.

This is my revised witness statement, I think the photo supports the driver's version of events. Any other thoughts on anything else I should include?

Thanks

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.


1. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and there is no obligation to name the driver to a private parking firm. It remains the burden of the Claimant to prove their case.
2. The Defendant denies being the driver at the time of the supposed event, and therefore puts UK CPM to strict proof that any contract can exist between the Claimant and themselves.
3.On the day in question, the driver of the vehicle was visiting a Wetherspoons pub in Whickham, the Harry Clasper on Front Street. The carpark for the pub offers 2 hours free parking, and is managed by another parking firm. On entering the carpark, the driver noted the bays were all occupied, save for 2 or 3 which are on the same land, but belong to another business. Just before leaving the carpark, a customer left the pub and indicated to the driver that they were leaving the carpark and would let them have the parking space. The driver of my vehicle pulled into one of the empty bays in order to allow the other car to leave. It was whilst waiting in this bay that a photograph was taken from a distance, allegedly showing the vehicle parked in contravention to the signage.
4. On revisiting the carpark in question, it is obvious that signage is totally inadequate. The sign at the entrance states 2 hours free for pub customers, and only a small sign attached at height to a post in front of the offending bay gives any indication that it is not part of the pub carpark. The bays are directly opposite the pub carpark bays, and there is no clear indication that they belong to another company.

5. The claimant’s solicitors have failed to properly respond to my request made on 11th October 2017 by royal mail postal service, requesting any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowner’s behalf. My request was not actioned appropriately (I received a letter advising they were not required to provide any further information).



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

KeithP

geordie777 wrote: »

4. On revisiting the carpark...

So the Defendant has been there before? As the driver perhaps?

Maybe that would be better phrased as something like "As a result of this claim, the Defendant visited the car park..."

geordie777 wrote: »

...it is obvious that signage is totally inadequate.

Are you going to include pictures as evidence of this statement?
If not, that statement is worthless.

You need to prove any assertions you make. Think about what other evidence you might include. There is guidance on that in post #2 of the NEWBIES FAQ sticky thread.

geordie777

Hi KeithP
I will amend witness statement, as I did in fact visit the site myself a few weeks ago on the basis of taking photos of signage and carpark layout. These will be included in my court bundle.

I am following the advice in newbies sticky as to what else to include in my bundle, so hopefully will have everything in there that is relevant.

Thanks for the quick response.