Gladstones claim form received

Castle

The Licence simply says "Premises shown in the details"; so you'll need the details and/or map.

Ezisola

Castle wrote: »

The Licence simply says "Premises shown in the details"; so you'll need the details and/or map.

Missed the first page, it contains the details:

Coupon-mad

Do the restrictions kill their case against you?

Ezisola

Coupon-mad wrote: »

Do the restrictions kill their case against you?

I'd hope so given that the ticket was issued during the working day. Is it worth pointing this out directly to them, or just include it in the witness statement?

Coupon-mad

In the WS, they'll soon see it when you send it to the with all your evidence (and take a file in person to the local court, a decent copy of everything, all numbered & organised, plus a costs schedule in advance in case they then discontinue, you might be able to claim your costs (like BlueToffee's example in the NEWBIES thread, he did).

Dredd786

Hi team


Bargepole I like your defence letter, perhaps you could take a little time and have a laugh at my own case or perhaps suggest how I can recover from this


forums.pepipoo.com/index.php?showtopic=111841&hl=gladstone


thanks in advance

Ezisola

Dredd786 wrote: »

Hi team

Please keep comments to your own thread, thanks.

Ezisola

Gladstones witness statement received. They've also included a copy of the parking enforcement contract which shows "NO ENFORCEMENT DURING OPENING HOURS" on the front page! Plus photos of a sign and the site layout showing parking areas (but not signage locations).

Ezisola

I have updated my witness statement to reference some of the points made, and would appreciate any feedback as always. Thank you.


IN THE COUNTY COURT at READING

CLAIM No:

BETWEEN:

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

(Defendant)

________________________________________
WITNESS STATEMENT
________________________________________

I am XXX, also known by maiden name XXX, of address XXX, the Defendant in this matter. I will say as follows:

1. In 2017 I was employed by XXX company and attach a payslip for proof as Exhibit A.

2. XXX company has a licence to occupy 17 parking spaces within XXX business park, attached as Exhibit B.

3. My vehicle was issued with a parking permit to demonstrate it had permission to park at XXX business which is attached as Exhibit C

4. On 17th May 2017 my vehicle was parked at XXX business park in one of XXX company’s allocated bays.

5. After work on that day I went to my vehicle and noticed it had been issued with a parking charge despite having permission to park in the bay.

6. The parking charge stated that the vehicle did not display a valid permit however the parking permit was clearly displayed on the side dashboard and I took a photo of it in location attached as Exhibit D.

7. Despite having a valid permit displayed, I checked the small and sparse signage in the carpark and confirmed that there was no requirement to display my permit anyway. I took a photo of the signage attached as Exhibit E.

8. UKCPM claim that the signage is “prominent throughout the parking area” however UKCPM has offered no evidence to demonstrate this, nor that it has been audited or approved by the International Parking Community (IPC) trade association of which UKCPM are a member.

9. The signage included with UKCPM’s Witness Statement gives no indication as to where it was located, if at all, on site. The example signage provided by UKCPM is clearly different to the signage I found and photographed located closest to the parking location which has no requirement to display a permit.

10. Furthermore, the signage states that a fee is payable for “parking without permission”. It makes no charge for “failure to display a permit”. My vehicle did have permission to park and so no fee is owed.

11. The signage on site does not meet the mandatory requirements of the IPC code of practice and so cannot be used to form a contract.

12. Upon receipt of a letter from UK Carpark Management I responded requesting more information so that I could make an informed decision, attached as Exhibit F

13. UK Carpark Management replied with a copy & pasted template letter which didn’t address any of my points and made mention of points I had not even raised, attached as Exhibit G.

14. I received no further communication from UK Carkpark Management before issuing of court proceedings.

15. I contacted XXX company and obtained a copy of the Service Agreement between XXX Business Park and UK Carpark Management attached as Exhibit H. This Service Agreement specifically states that there can be “No Enforcement during opening hours”.

16. UKCPM therefore have no authority from the landowner to issue charges or pursue action against me as my vehicle was parked during office opening hours.

17. It is my position that no contract was entered into with UK Carpark Management, no breach of contract occurred, there has been no loss to UK Carpark Management and that the Claimant has no standing or cause of action to litigate in this matter.

18. I invite the court to dismiss this claim in this entirety, and it award my costs of attendance at a hearing, such as are allowable pursuant to CPR 27.14.



I believe the facts stated in this Witness Statement are true

Le_Kirk

No letter showing!