N1SDT Claim Form from UK CPM/Gladstones

nosferatu1001

Youre asking this now, after 3 months??

DId yo unot think to do so a while back? What work have YOU done since? WHat evidence do YOU think would be good?

A simple and obvious hint is: if you have claimed somethign in the defence, having evindence to prove it would be good.

SPN

nosferatu1001 wrote: »

Youre asking this now, after 3 months??

DId yo unot think to do so a while back? What work have YOU done since? WHat evidence do YOU think would be good?

A simple and obvious hint is: if you have claimed somethign in the defence, having evindence to prove it would be good.

Over the past two and a half months I've been caring for my father who had a sudden severe stroke and I've also had to care for my mother who has Alzheimer's so this whole thing hasn't been on my mind.

SPN

KeithP wrote: »

There's good guidance on that in post #2 of the NEWBIES thread following the words:

Thank you, I'm going through that thread now building a list,
so far I think I need the following:

• (a) A copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (will a photo of the signage do?)
• (b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.
• (c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen.
• (d) a copy of Schedule 4 of the POFA - (I've just downloaded this)
• (e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper. (Do I need the whole thing or just a specific part?)
• (f) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract. (I have a copy of my lease which only covers parking in allocated bays, this isn't the case for me as the car was parked in a communal courtyard, and I have a letter from my housing association stating we can use the courtyard for access as my flat has no direct access to the road)
• (g) if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N (I've downloaded these, do I need to include the whole document or parts?)

Do I also refer back to the previous defence I entered?

Is there anything else I need?

Coupon-mad

A copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (will a photo of the signage do?)

Yes.

And re the case law, have a full copy of transcripts for your own bundle on the day, but for the court & claimant you can send the most relevant page or two, with parts highlighted.

(I have a copy of my lease which only covers parking in allocated bays, this isn't the case for me as the car was parked in a communal courtyard, and I have a letter from my housing association stating we can use the courtyard for access as my flat has no direct access to the road)

Nice! :T

nosferatu1001

Sorry to hear abotu that - however we cant mind read. We cannot tell genuine "life got in the way" from cant-be-arsed, forgot a bout it
Does that letter predate the parking notice? Not ideal if it doesnt

Does it only state ACCESS or does it allow PARKING? Access is NOT the same!

SPN

Coupon-mad wrote: »

Yes.

And re the case law, have a full copy of transcripts for your own bundle on the day, but for the court & claimant you can send the most relevant page or two, with parts highlighted.

Nice! :T

I've gone through my lease from 2008 and it does not mention anything about needing a permit (I can upload a scan if it helps?). My letter from the housing association in 2009 states we can use the communal courtyard to load and unload as we have no direct access to the road, which is the case for the second ticket which was issued as I was loading the car before work and came down to find a ticket.

The first was issued because I was away on holiday and UKCPM took over the enforcement of parking restrictions while I was away so no signage existed and I hadn't been given my permit yet, no company had been enforcing any parking for 6-9 months previously and I had no idea it would start while i was away.

@Coupon-mad thanks for the advice, is this the case law i need?

supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf

If so what are the relevant bits for me as a resident who has a permit etc? Would it be No authority or No legitimate interest in enforcing a charge from the page on parkingcowboys.co.uk/fighting-beavis-argument/

nosferatu1001 wrote: »

Sorry to hear abotu that - however we cant mind read. We cannot tell genuine "life got in the way" from cant-be-arsed, forgot a bout it
Does that letter predate the parking notice? Not ideal if it doesnt

Does it only state ACCESS or does it allow PARKING? Access is NOT the same!

No problem, sorry for the tone of my reply just had a hell of a few months and now panicking trying to rush around putting a defence together while still caring for my parents.

Coupon-mad

supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf

No, that's the Beavis case. Nothing like your case. The only useful thing is an image of the sign in that case (Google it, the Parking Prankster blogs have it).

I meant the transcripts of the cases your post referred to!

SPN

Coupon-mad wrote: »

supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf

No, that's the Beavis case. Nothing like your case. The only useful thing is an image of the sign in that case (Google it, the Parking Prankster blogs have it).

I meant the transcripts of the cases your post referred to!

Ah I'm sorry i got confused between the two parts of your reply.

I'll go away and start putting my WS together and will post back here for advice.

Thanks for all of your help!

SPN

One more quick question, when I sent my defence to both the court and Gladstones was I supposed to receive anything from them in return as I didn't get anything?

Coupon-mad

No.

'What happens when' is explained by bargepole in the NEWBIES thread. I recommend you read his summary so you know what to expect and do, and how to do it and who to send it to and by when, and in what format.