Claim form received for UKCPM/Gladstones case

geordie777

Update: I have just received Gladstones witness statement. As well as all the usual guff and legal jargon, they have stated that the reason I was given the invoice was due to 'failure to display a valid parking permit in my windscreen'. Is it worth pointing out to the judge that they have no evidence of this, given the only photo is of the rear of the vehicle? I don't see how a judge could disagree if they are unable to produce a photo of the windscreen showing no permit. Does this strengthen my case?

TIA

Coupon-mad

Yes their dreadful lack of evidence strengthens your case and if their ONLY photo in their evidence is that single one, taken from the back, I think you should submit now (to the court and claimant) a costs schedule setting out all your hours wasted in this farce at £19 per hour or even better, at half the cost of a Band D trainee Solicitor/paralegal fee earner.

See the Costs Schedule sassii submitted!

You should be saying in the Costs Schedule that costs are being claimed on the indemnity basis due to the claim being holly vexatious and unreasonable, balanced precariously on ONE PHOTO taken from the back, by a predatory ticketer who was in fact watching a car do a 3 point turn to make way for another vehicle, and made no attempt at all to evidence 'no permit'. So the charge was always based on a lie.

See sassii's costs schedule and get that filed & served with a couple of days to go till the hearing (not too early or Gs might quickly discontinue!). You want those costs...

The above is NOT a reply to the evidence (NOT NEEDED). I am just saying slip in a high costs schedule at the last minute...

geordie777

This is my witness statement as it now stands. I intend to submit it to court on Tuesday (15 days prior to hearing). I appreciate your help on this Coupon Mad. I will certainly submit a costs schedule. Should this be included with my court bundle or sent separately?

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.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.

4. 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.

5. 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). This ‘contract’ has subsequently been provided as part of the Claimant’s court bundle.
6. The claimant has issued the parking charge notice on the basis of ‘not displaying a valid permit’. As the only photograph of the vehicle was taken from the rear, the defendant fails to see how the claimant’s solicitor is pursuing the case on the basis of absolutely NO evidence of the contravention.

Coupon-mad

I will certainly submit a costs schedule. Should this be included with my court bundle or sent separately?

Hmmm...I think separately, last minute, for the reasons I said before and make it HIGH.

As for your WS, it needs to be in the FIRST person ''I was a passenger and this is what happened''.

DO NOT say ''waiting'', make it clear that the car was not parked:

It was whilst waiting in this bay

Put it how I did earlier: the driver was in the car, engine running, mid-executing a 3 point turn, using the bay to allow another car to leave.

System

Could we see their WS as it may have something you can use. You'll need to take off identifying information.

geordie777

I am unable to post a copy of their witness statement due to firewall in work!
In their section entitled 'Defence', they state 'the attached photographs evidence that the defendant's vehicle at the time of the alleged incident had no valid permit on display in her vehicle windscreen.'. If this is the only thing they are holding me responsible for, and the only photo is of the back of my vehicle, surely this case should be thrown out on that point alone?

Coupon-mad

Yes - there should never have been a PCN at all!

It fails on all counts, the CoP, fairness, consumer law, contract law - it woefully fails evidential requirements by anyone's standards - in fact IMHO it's tantamount to fraud to try to issue a penalty to a moving car like that, with one photo snatched from behind in the hope of finding a weaker person who would panic & pay.

You should argue for your full costs (by the hour as per a large costs schedule you submit in advance!) due to a vexatious and wholly unreasonable claim.

geordie777

I have my court hearing tomorrow, so just want to double check I have done everything/have everything...

I have sent my bundle to Gladstones via email, and printed off copy of sent email.
I dropped court bundle in by hand, and have my own copy to take with me.
I have read through their witness statement - it's been signed by an employee of UK CPM, is this normal?
There are a few errors that I will point out to judge - they state I failed to respond to NTK, but have included a copy of my appeal letter, they state car park is residential, when in fact belongs to a business. They also use the wording 'we attach photographic evidence that shows the defendant failed to display a valid permit in her windscreen', but have only the photo showing the back of the vehicle. I hope this in itself is enough to win the case.

I have submitted a large costs schedule via email to the court on Monday morning, stating that the solicitors have pursued the case knowing their evidence is a lie.

Anything else I have forgotten?

geordie777

bump! as court hearing is tomorrow

Redx

guidance for what to do on the day and what to take with you has been detailed on here many , many times by those in the know

start by re-reading post #2 of the NEWBIES thread and read the BARGEPOLE and LOC123 linked threads and posts, its been mentioned numerous times

also look at concluded court cases too