Claim form received for UKCPM/Gladstones case

KeithP

geordie777 wrote: »

These will be included in my court bundle.

And they need to be referenced in your Witness Statement.

geordie777

Great, will refer to these as Appendix 1 in my statement. I have photos of signage on approach to carpark, and also a video of the drive through the carpark.

geordie777

This is my current draft witness statement. I have included everything from the recommended list on newbies sticky. All documents in support will be in the appendices to the court bundle. Any thoughts before I take to court on Tuesday? (hearing is 21st November). I have not had their witness statement, so going in a little blind. I did note that the original PCN stated reason for invoice was 'not displaying valid permit', but the only photo they have is of the rear of the vehicle...so they couldn't possibly know if a permit was displayed. Is this a moot point, as the driver states they didn't actually park the vehicle?

Any thoughts gratefully appreciated.

In the matter of

UK CPM (Claimant)
v
XXX (defendant)

Claim no: XXX

Witness statement of Mrs 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.
This is not an obligation or failure on my part; I had no reason to respond to the parking company and this is supported by Appendix 5, an extract from the POPLA annual report 2015.

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. The Parking Charge Notice sent to the registered keeper of the vehicle on 18th August 2016 is not POFA (2012) compliant (see appendx 7). The notice does not state the period of parking the alleged charges relate to. The only evidence of the vehicle being parked is one photograph, time stamped at 19:52. There is no other evidence of the vehicle being parked for any period of time. This merely shows the vehicle was stationary in the parking bay.

4.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.
Appendix 8 is a copy of the case of Jopson Vs Homeguard (2016) in which the district judge states that stopping a vehicle for a short period of time, for example to unload or allow passengers to exit the vehicle does not constitute as ‘parking’ (see point 20). This case is relevant as the judge accepted that a vehicle stationary for a short period of time was not in fact ‘parked’, and therefore not subject to a parking charge.

5. As a result of this claim, the defendant visited 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. The defendant took photographs and video of the signage in the carpark (Appendix 1). See also Google maps image showing carpark layout. (Appendix 2).
The signs are inadequate as the print is too small for any driver to read and so no contract can be formed. Appendix 4 shows the sign from the Beavis vs Parking Eye claim, an example of a sign where the charge is clear, and not hidden in the small print.

6. The claimant’s solicitors have failed to properly respond to my request made on 11th October 2017 (appendix 3) 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.



Signed


Dated

Coupon-mad

The only purported evidence of the vehicle being briefly stopped [STRIKE]parked[/STRIKE] is one photograph, time stamped at 19:52, which is when the driver was giving way to another and was still in the car with the engine on, and effectively using the bay to turn.

Do you know what?

If this were me and I was that driver, I would dispense with the POFA argument/keeper liability (as UKCPM do use POFA PCNs and that argument won't win) and admit in the WS that you were the driver so you can give a full and direct witness account in front of the Judge, which the Claimant's rep cannot because you have the advantage over them because they were not there

...if you were that driver, YOU were there and you just have to be an honest witness, and the Judge will listen.

So I would also include in the evidence, the transcript of Jopson v Homeguard on Appeal, where the Senior Judge went into detail about what constitutes parking, or not, on private land, and that stopping for a 'minor vicissitude' (like in your case) is not parking at all and certainly not a breach of contract, or an agreed contract in one minute flat while using he bay to move the car forwards and then back.

geordie777

Thanks Coupon mad

So would it be noted that in the defence I stated that I was not the driver?

Quentin

Do you mean you stated in your original defence you were not the driver??

geordie777

yes, the defence stated I was not the driver

Coupon-mad

Was that not true? Oh dear..

geordie777

It is true, I wasn't the driver at the time, but was present in the vehicle. Just wondering how best to put this to the court? Should I just amend the witness statement to indicate I was a passenger?

Coupon-mad

Hooray! Obviously YES! Shows you to be an honest witness.