Court Case Tomorrow vs Horizon/Gladstones

Coupon-mad

the parking cowboy page

Did you not notice that NO-ONE HERE suggests anyone reads that website?!

The person that runs it is well aware that, here on MSE, we tell people NOT to look at the Parking Cowboys website, nor follow any links.

Stop looking there.

There are decent WS examples in the NEWBIES thread here, and on the first few pages today from other people who've just posted their WS 'story' (which should be telling the Judge the facts).

chad888

other people who've just posted their WS 'story' (which should be telling the Judge the facts).

The problem with this is that I have facts, such as their SSA says they are to manage the car park and allow 4 hours 20 minutes, they have put up signs for 3 hours and are bringing claims in for such. 2 of them within what would be a 20 minute grace period and 1 of them 1 minute over the grace period.

They are spewing random case law (that i know nothing about, i am an engineer not a lawyer or solicitor or parking expert). I do not know how to counter this VCS vs HMRC case law that states the contract is not a penalty and that the contract is between me and them and not the agent and land owner and so the SSA is not privvy. And the Beavis case for fees etc.

There is a 4th ticket which is an overstay 9 minutes over the grace period, but i know for a fact that day i waited around 30 minutes in a queue to get out of the car park. What you have is a main road junction and a slip road on to it, that slip road has a roundabout with 2 exits, the first exit is a place of work that has 15,000 staff all getting out around the same time. You have to wait until somebody there lets you out and also the car park of 700 spaces. The sign states 4 hours parking for this claim, and they havent provided proof that i was parked. The 29 minutes reflects the wait time to actually get out the car park and the ANPR photo shows my car with a car in front and behind queuing.

Problem is, I lay out the facts of what i know and then the solicitors agent opposite comes out with all this 5 minute solo legal mumbo jumbo quoting case after case and twisting it to suit his argument and i get lost in it all and sit there like "i dont know what to respond" when the judge looks at me for a cross examination.

chad888

sorry by parking cowboy i meant the parking prankster who has all the case law

Coupon-mad

There are dodgy links there too, and dodgy people commenting, and he knows it. Embarrassing, IMHO, as he's an intelligent and genuine guy.

Anyway I told you what your main points are, above.

getmore4less

chad888 wrote: »

C+P from new thread started:

Writing my WS now for a case coming up (no date for hearing yet), I have another 7 days to complete it. I am struggling to come up with case law/counters to the witness statement of the claimant (Gladstones/Horizon Parking).

1) The SSA between Horizon and Workman LLP (site manager) is for 4hr +20m grace period. The signs that Horizon put up are for 3 hours and I am being charged for 3 stays of 3 hours 19, 20 and 22m. The argument put forward in the claim is that the contract is between myself and the parking company and the SSA is moot as case law states that this is a contract between 2 parties and they need no rights over the land to enter in to a contract with me. They use HMRC vs VCS and Beavis case for this. Reading through the VCS/HMRC case it seems that the charge is a penalty unless it is a free car park? The car park I used was a free ticketless car park.

2) The £70 that increases to £120 costs do not represent any damages as the claimant states, again they site the Beavis argument as being enough to act as a deterrent to overstaying. They also state that the contract is for free parking for XX hours and after that the charge for parking is £70. But then they also offer that charge reduced by 50% if paid within a certain amount of days. What can I use against that?

3) The site is owned by one party who hire a site management agency who in turn have hired Horizon Parking. The site manager at the moment is a different company to that which held the contract with Horizon, and Horizon was replaced as soon as the 24 month contract ended in 08/17. Is there an argument here that they have no proof over right of land and to bring a claim in their own name? They again use the HMRC and Beavis examples that they do not need to hold any interest or rights of the land as the contract is between myself and them through the sign, no relation to what they are asked to provide in the SSA or who holds any contract. Stating the HMRC VCS example of selling Buckingham Palace.

This is all lost on me, the parking cowboy page has a lot of case law that i try and include but then they have counters to that. This being their day time job and used to strawmanning/gaslighting case law to fit their rhetoric I am really panicking that I am going to state my case, they will come up with a completely random counter and leave me stumped and repeating what i said before.

Help please!?!

They are trying to make the argument that they can put up signs anywhere on any land for anything.

Coupon-mad

They are correct in a way, but the Buckingham Palace argument has been discussed here before, as you will have found when you searched the forum for the obvious keywords Buckingham Palace.