Gladstones County Court Claim Form Received 13/08/18

dredd29

Hi all
The good news I telephoned the court today and they informed it was fine to email over my WS and I need to do this by COP tomorrow !

DRAFT ONE of my WS :

________________________________________
WITNESS STATEMENT
________________________________________

1. I am XXX , of XXX, the Defendant in this matter.

2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

3. I deny every allegation set out in the Particulars of Claim.

4. I refer to the claimant witness statement page 2 point 4 of the defence the sign states I quote “all vehicles must only park within clearly marked and designed parking areas and must not cause obstruction. Vehicles must not park on double yellow lines, hatched areas, footways, access roads”. The claimant states it was clear from the photographs the parking occurred on the access road, the defendant wishes to state how one would know this was an ‘access road’. I refer to my Appendix AP1, AP2 and AP3 attached which are the site plans taken from the claimant witness statement to which I point with a pencil on each, the location of said vehicle. The hatched areas of the site are all beyond the location of the said vehicle, no visible signage is highlighted on the site plans to indicate the vehicle was parked on an ‘access road’.

5. I refer to the claimant witness statement page 2 point 5 of the defence I quote “the signage at the site is clearly visible” and “signage is prominent throughout the parking area”. I refer again to my Appendix AP1, AP2 and AP3 attached which are the site plans which show the location points of the signage. I bring to your attention the said vehicle did not enter these locations as shown on the appendix mentioned so would not of had sight of this detail.
The Defendant has visited the said car park as a result of this claim. It was noticed that there is no prominent signage at the entrances to the site from the main road and within the road itself. Furthermore, I bring to the attention actual photographic evidence of the locality of the vehicle, please refer to Appendix AP4 which is a street map of the location which clearly shows the public highway from John Street to the roundabout as a public road on street map.

I direct the reader to Appendix numbers:

AP5 / AP6 – view looking from John Street into the T-junction which has no prominent signage to indicate this is private land and no signage at all to make clear parking requirements. Further confusion to motorists in that double yellow lines are clear on the right hand side of the road yet the left side of the road does not contain yellow road markings giving out mixed messages to motorists. This is further reinforced by numerous cars can be seen parked on the left hand side while no motorists are parked on the right hand double yellow side. If the Claimant had a genuine intention that all of the roadway was to be a 'no stopping zone', they could have painted all of the road with double red or yellow lines and should have placed plentiful clearway-style signage, facing oncoming traffic.

AP7 – view looking from the mini roundabout down the road which again shows complete lack of signage and mixed messages of double yellow lines no cars are parked, numerous cars parked on the right hand side where no road markings are visible and signage is none visible.

AP8 / AP9 / AP10 – eye level views of street scene surrounding the said vehicle more than shows the lack of signage. I put to proof the claimant defence at point 7 states “markings on roadways such as yellow lines are not applicable within private land”. I find it utter confusing why half the roadway is yellow lined and half the roadway isn’t which is clearly shown by the number of motorists who think this to judging by the parked cars.

6. Each time I have visited the site I have seen a different car parked on this land, leading me to believe other motorist do not believe they are in breach by parking there. I have picture evidence of this.

7. I have visited the site of the alleged breach and have read the signage. The signage does not state parking on the road is prohibited. From the claimants evidence the vehicle has not entered past the mini roundabout where the site plans highlighted in your defence begin.

8. Whilst I am the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

9. The Defendant denies being the driver at the time of the supposed event, and therefore puts VCS to strict proof that any contract can exist between the Claimant and themselves.

10. More than one family member, who I have no obligation to name to a private parking firm, have access to this vehicle. It remains the burden of the Claimant to prove their case.

11. Point 7 of my defence refers to ParkingEye Ltd v Beavis [2015] UKSC 67 stating that A parking charge cannot be dressed up by a non-landowner parking firm.

12. Points 6 of my defence refer to POFA. I also have a copy of this for evidence.

I believe that the facts stated in this Witness Statement are true.

Any further forum input would be very much appreciated. Thank you.

dredd29

Would it aid the feedback if I uploaded some Appendix attachments referred to in the WS ? Example AP1 , 2 or 3 was posted in post #75.

Your help is greatly appreciated.

Coupon-mad

Yes, show us your evidence if you have time.

would not of

Check your grammar - no ''would of'' or ''could of''. Might annoy the Judge.

dredd29

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dredd29

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Le_Kirk

clearly marked and designed parking areas

Should be: -

clearly marked and designated parking areas

dredd29

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dredd29

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dredd29

AP5 pic of entrance road.

dredd29

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