UKCPM / Gladstones Court Claim

nosferatu1001

Just tell us the exact wpording used. No summaries, exact wording. Type it out.

tomblam1

The court directs of its own initiative as follows:
Allocations
1. The case shall proceed on the small claims track;

Evidence
2. The parties shall deliver to each other within 4 weeks and to the court at least 2 working days before the trial:

clear copies of their documentary evidence on tags, in date order and with numbered pages and an index; and (unless it is clear from their statements of case;

a clear copy of any photograph or video or audio-recording on which they rely;

a breakdown on any amount claimed

and bring the original evidence to the trial.

[Deleted User]

Within 4 weeks of the Order, which will have a date at the bottom.

tomblam1

Johnersh wrote: »

Within 4 weeks of the Order, which will have a date at the bottom.

Thanks for the help.

4 weeks after the order would be this Friday (08/03) and I haven't received anything from the claimant yet, and I understand from reading other threads that submitting these to other parties late isn't necessarily a big issue?

Regardless I have written a witness statement, though it seems rather short! Any advice would be appreciated.

In the matter of

UK Car Park Management Limited
v
Mr xxxxxxxxxxxx

Claim no: xxxxxxxxxxxx

Witness statement of Mr xxxxxxxxxx, defendant.

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.
I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:
1. The defendant does not recall any signage or indication that the vehicle in question was parked on a WSCC un-adopted highway. Exhibit 6 illustrates that the vehicle was parked on privately owned highway and illustrates the point of joining this from North Street and the WSCC adopted section of Nightingale Road. Exhibit 5, taken from the WSCC adopted section of Nightingale Road where it joins the privately-owned section of Nightingale Road, shows there is no signage to indicate the fact that one is entering an un-adopted highway. Exhibit 4, taken from the WSCC adopted North street where it is possible to enter the un-adopted section of Nightingale Road, shows no signage to indicate the fact that one is entering an un-adopted highway. Exhibit 3 shows the claimants signage, however these terms are illegible from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage can create a legally binding contract.
2. The defendant received a ‘letter before claim’ on the 18th July 2018 and the 22nd August 2018. These letters did not include the following:
a. A list of the documents that will be relied upon in court
b. A statement that the claim amount may rise
c. The defendants full name.
d. Information regarding any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.
3. I have attached a copy of the IPC code of practice as support (exhibit 7). The code of practice clearly states the conditions parking operators are required to comply with. Page 22 includes how they should place signage at entrances to sites especially when it may be a new sign which was not previously there.
4. The Claimant is attempting to claim additional charges such as solicitors and legal costs. The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have indeed been incurred. Furthermore, legal costs cannot be recovered in the Small Claims Court and should be struck out as unrecoverable. See exhibit 8 for Schedule 4 of the ‘Protection of Freedoms Act 2012’.

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



Signature of Defendant:

Date:

tomblam1

Is anyone able to help?

Thanks,

tomblam1

..................

Coupon-mad

no signage to indicate the fact that one is entering an un-adopted highway.

I've never seen signs talking about entering 'unadopted highway', anywhere, that would be odd.

You should be saying more clearly that no signs at the entrance to the area communicated that this was private land and/or that it was managed by a parking operator, and /or that drivers were not entering into a contract.

You need to get that WS and evidence to the Claimant by email/post asap:

deliver to each other within 4 weeks

tomblam1

Thanks for the help.

I still haven't received a witness statement from the claimant? They were supposed to be delivered last Friday, I've just sent mine off but I'm wondering why they haven't.