Gladstone Solicitors Claim letter - Need help with defence

guess_hu

IamEmanresu wrote: »

Take 6, 7 and 8 out. The need is to focus on factual statements which are relevant to the particulars of their claim.

So check the paras above for anything that can be stripped out based on not supported by fact or the balance of probabilities.

The only other decision you need to make is whether it is better to reveal the driver now or later. Playing "hide the driver" carries the risk of allowing the judge to make a decision on the honesty of other statements. Called adverse inference.

Happy to reveal the driver now, I'm unsure who the actual driver was on the days as it was so long ago but I have a pretty good idea, thanks for the help, ill get rid of the 3 you mentioned and carry on researching other cases that may support this

guess_hu

bump??
(too short)

Snakes_Belly

I have just seen the post on the other thread about a paper hearing. I have received a letter from my local court stating that the DJ proposes to dispose of the claim by papers only. I have had the option to not accept a paper hearing. You don't have to agree to a paper hearing.

The downside is that the Claimant can request that the case is heard in a court local to them. This may be more likely if the Claimant and Defendant are individuals.

What I have done is to write a very polite letter back to the court stating my reasons why I have declined the case to be heard on papers only.

I think that a papers only hearing could work for someone who is terrified of going to court and would have difficulty standing up to the Claimant's solicitor. I want to be there in person.

guess_hu

UPDATE
so a hearing date has been set for 29th August
The letters I've received so far have NO mention of any Witness statement deadlines etc although I know it should be 14 days prior to the hearing. I am in the process of writing up my WS and I already have all my pictures taken etc. I will post another update with my WS today but I was just wondering if that needs to be sent off now or do I take it to the hearing with me as again, there is no date specified.

KeithP

guess_hu wrote: »

The letters I've received so far have NO mention of any Witness statement deadlines etc...

Are you sure about that?

Check again the Notice of Allocation that gave you the hearing date.
Did it not say something like...

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Maybe on the back.

Whilst 14 days beforehand is often the case, it is best not to assume that.

guess_hu

KeithP wrote: »

Are you sure about that?

Check again the Notice of Allocation that gave you the hearing date.
Did it not say something like...

Maybe on the back.

Whilst 14 days beforehand is often the case, it is best not to assume that.

100% sure, I've read every word on this paper at least 5 times over.
However this is a Notice of Trial Date not 'Notice of Allocation'

Not much info on this paper, just advises me that if the claimant doesn't pay the trial fee by the 1st of aug this will be put aside etc. Gives me directions to the court and stuff.

guess_hu

In the Uxbridge County Court and Family Court

Claim No. XXXXXX

Between

PARKING CONTROL MANAGEMENT (UK) LIMITED (Claimant)

and

MR XXXXX (Defendant)



WITNESS STATEMENT


I am XXXXX, of XXXX, the Defendant in this matter. I will say as follows:

1. I was visiting a friend on 28/09/2017, 05/12/2017 and 24/01/2018 at XXXX. The required parking space is located at the rear of the property. On the first occasion I had to park away from the property as there were no spaces available at the property. I went inside to ask for the parking permit but as there were 7 residents living at the property, it took a little while for me to ask each resident where the permit was. On the second occasion, there was a 3rd vehicle parked within the resident’s spot. I went inside to get the driver to move their vehicle. The driver was leaving anyway so I went ahead to ask the 7 residents for the parking permit again which took a short while. As I was going back to the vehicle to park correctly and display the permit, the ticket warden advised me not to worry about this PCN dated 05/12/2017 and took the PCN with them. I took no notice of that as I thought the matter was dealt with. I can be seen in the Claimants statement on page 53 as the warden was walking away. Finally, on the 3rd occasion on 24/01/2018 I went inside to ask for the permit again and within minutes a PCN had been given.

2. The Claimant has not adhered to the Independent Parking Committee Code of Practice (of which it is a member) for grace periods.
The IPC Code of Practice
“15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.”
The Claimant has not given any grace period to allow me to retrieve a permit to park.

3. The Claimant hasn’t noted any ‘Arrival Time’ or ‘Wait time’. This shows that the grace periods have not been allowed for in their calculations.

4. It was impossible to read the full terms and conditions on the signage in the car park due to the font size and height of the sign. This is shown in Image X. Pg. X in attached photographic evidence. Also, this can be seen in the Claimants photographs taken on the date of each PCN as the signs cannot be read by the camera when standing near the vehicle.

5. The Claimant’s signage states that ‘Vehicles parked with a valid parking permit fully displayed within the windscreen when parked wholly within the confines of a marked bay appropriate for the permit on display’. However, on the site where this signage is, there are no marked bays. This is shown in Imaages XXXXX, Pg. XX in attached photographic evidence.

5. The Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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

Signature of Defendant:


Name:
Date:

The photos will be added below on the WS but I would also like to add something about me not being able to agree into a contract if relevant?

guess_hu

bump to the top, already lost and I've got to send my WS in tomorrow

Coupon-mad

the ticket warden advised me not to worry about this PCN dated 05/12/2017 and took the PCN with them. I took no notice of that as I thought the matter was dealt with. I can be seen in the Claimants statement on page 53 as the warden was walking away.

Never call a PPC scammer a 'warden'. They are not, nor an 'officer' or anything else that confers status or respect.

I think you need more evidence, not just photos. Fetching a permit from an adjacent flat is a bit like the scenario in Jopson v Homeguard so search the forum for the word Jopson and read other WS using it as evidence and copy from them.

Also, after a case I attended today where we nearly got £1500 in costs awarded, file and serve a 3 or 4 figure costs schedule with your WS & evidence (see the NEWBIES thread about costs schedules and try for costs in a big way).

guess_hu

Coupon-mad wrote: »

Never call a PPC scammer a 'warden'. They are not, nor an 'officer' or anything else that confers status or respect.

I think you need more evidence, not just photos. Fetching a permit from an adjacent flat is a bit like the scenario in Jopson v Homeguard so search the forum for the word Jopson and read other WS using it as evidence and copy from them.

Also, after a case I attended today where we nearly got £1500 in costs awarded, file and serve a 3 or 4 figure costs schedule with your WS & evidence (see the NEWBIES thread about costs schedules and try for costs in a big way).

Sorry but I think its going to be impossible for me to get a permit from an adjacent flat now as I no longer live in that area. I may have a picture of a permit for the house I was visiting but not 100% sure yet, need to do some digging.

how did you manage to get that much in costs covered? claiming it as time spent researching?