Gladstones Letter Before Claim Oct 2018 - How should I respond?

Umkomaas

StubbornGoat wrote: »

Thank you for your reply.

Also, I have seen many witness statements on here which seem to be rebutting the PCC Witness Statements.. .should I wait to receive theirs before I submit my own?

SG

The court will have informed you by when you should submit your WS. That's your critical date.

StubbornGoat

Umkomaas wrote: »

The court will have informed you by when you should submit your WS. That's your critical date.

Yes, I need to get it in within 14 days before the hearing. It says I must send a copy to the court and also to the claimant. I'm assuming I can email the copies?

I would hope that Gladstones sends me their WS first so I can go through it. Probably wishful thinking though

Umkomaas

I'm assuming I can email the copies?

To the claimant yes, but read the NEWBIES FAQ sticky, post #2 about how to prepare and hand deliver your bundle to your local court.

Coupon-mad

Is this hearing local in Sussex? Send me a pm if so, and no saying when it is here.

Umkomaas

Coupon-mad wrote: »

Is this hearing local in Sussex? Send me a pm if so, and no saying when it is here.

Already done so in post #59.

@SG - you might want to edit that bit out.

StubbornGoat

Umkomaas wrote: »

Already done so in post #59.

@SG - you might want to edit that bit out.

Thanks - Done.

StubbornGoat

Coupon-mad wrote: »

Is this hearing local in Sussex? Send me a pm if so, and no saying when it is here.

Thanks - PM sent

StubbornGoat

Here is my first draft witness statement (personal info withheld), (at the end of the WS I then show the 4 "exhibits") please let me know what you think.

Thanks
SG

PS. As mentioned before, I have email conversations which prove I notified them that I wasn't the driver - whereas in this WS I state that I neither admit nor deny...... I'm unsure which route to go down.


====================================

In the xxx County Court and Family Court
Claim No.xxx

Between
XXX (Claimant)
and
XXX (Defendant)

Witness Statement

I am XXX XXX, of XXX, XXXX XXX, 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.


1. Whilst the Defendant was the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

2. The Defendant neither admits nor denies being the driver at the time of the supposed event, and therefore puts Parking to strict proof that any contract can exist between the Claimant and themselves.

3. At the time the Parking Charge Notice (PCN) was issued it is possible for a number of people to have been the driver, but the Defendant has no obligation to name any of them to a private parking firm. It remains the burden of the Claimant to prove their case.


4. The signage at the car park does not form a contract. There is no clear entrance sign (Exhibit 1), signage inside the car park was too high with small text making it extremely difficult to notice and read (Exhibit 2) - Not long after the PCN was issued the Claimant lowered the signs proving that they were aware that the signs were too high (Exhibit 3). The parking charge is hidden within the small print, it is not a clear – especially when the car was parked in a Visitor Bay (Exhibit 4) and prominent charge and was never 'bound to' have been seen, as in the ‘Beavis’ case.


Furthermore the signs are classified in planning law as an advertisement, by virtue of Regulation 30 of the Town and Country Planning (Control of Advertisements)


(England) Regulations 2007 (as amended) it is a criminal offence to display this kind of advertisement in contravention of the Regulations. There is no planning permission in place for these signs.


5. I am no more liable now than I was then, but this unwarranted harassment and baseless litigation has caused me significant alarm and distress, such that I intend to report PARKING COMPANY to the Information Commissioner for misuse of my data, obtained from the DVLA.


6. My DVLA data was supplied for the single strict purpose of enquiring who was driving, not for suing me as if I can now be held liable, in the hope I will not defend/will have lost the paperwork/will have moved house, or even better, that I will be so scared that I will pay over £XXX.XX for what was apparently an unproven £100 charge, allegedly incurred by another party, if incurred at all.


7. It is apparent from court records reported in the public domain that this Claimant has been obtaining payments from keepers under false pretences - using the court as a cheap form of debt collection from the wrong 'registered keeper' parties - and has obtained default CCJs in the hundreds, despite never complying with the POFA 2012 and even bringing pre-POFA cases to the Courts.


8. The claimant may try to rely upon ParkingEye Ltd v Beavis, yet the Defendant would like to point out that this car park does not offer a free parking period therefore Parking Eye Ltd v Beavis case does not apply.


9. The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. The claimant has failed to properly respond to my request made on XX XXXXXX XXXX, requesting any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowner’s behalf. My request was not actioned appropriately. . I believe some more cases have been thrown out because pre-action protocol has not been followed, and/or the claims made have been incoherent. Gladstones are surely aware of this and therefore to continue with this case constitutes unreasonable behaviour.



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

StubbornGoat

This good to go?

Note: I have bundled all evidence/exhibits after this (which I have not shared in this post)

In the County Court at XXXXXXXXX
Claim No. XXXXXXXXX

Between
XXXXXXXXXXX
and
XXXXXXXXXXX

Witness Statement

I am XXX XXXX , of XXXX XXXX, XXXXXXX, the Defendant in this matter, I have 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.

The exhibits which the defendant intends to rely upon are as follows:

Ex. 1. Defence statement
Ex. 2. Image of entrance to car park
Ex. 3. Images of car park signage
Ex. 4. Parking sign by PrivateEye in Beavis case to demonstrate clear signage
Ex. 5. Extract from BPA’s Code of Practice regarding signs
Ex. 6. Protection of Freedoms Act, 2014, schedule 4 Paragraph 8.
Ex. 7. Copies of all email correspondence between the Defendant and Claimant
Ex. 8. Copies of all email correspondence between the Defendant and Claimant’s solicitor
Ex. 9. Copies of all emails sent to the Claimant’s debt collection company
Ex. 10. Excerpt from Barrister Henry Greenslade on ‘Keeper Liability’ POPLA annual report, 2015
Ex. 11. Case Transcript PCM v Bull B4GF26K6 (forbidding signage)
Ex. 12. Case Transcript PACE v Lengyel C7GF6E3R (no contract with landowner/driver – Signage creates trespass)



1. Whilst the Defendant was the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

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

3. At the time the Parking Charge Notice (PCN) was issued it is possible for a number of people to have been the driver, and the Defendant had no obligation to name any of them to a private parking firm. It remained the burden of the Claimant to prove their case against the Defendant.

4. That being said, on XXXX XXX XXXX the Defendant made it known to the Claimant who the driver of the vehicle was (Exhibits 7 & 9). My wife and I regularly shared the driving responsibilities of Vehicle registration XXXXXX and on XXXXXXX XXXX, we were going out that evening. It is common for my wife to drive when we go on a date night as she is usually the designated driver on nights out together.

5. We used to regularly park where the alleged contravention occurred as we sometimes visited a friend who had an apartment in XXXXXX. Before XXXX XXX XXXX, we had never seen any parking signs or restrictions – so when we found the ticket on the windscreen we were gobsmacked. It was only at this moment in time (when we returned to the car) that we looked up and noticed the parking sign up on the lamp post – Even then, we couldn’t make out the wording at all (Exhibit 3) .

6. Having twice appealed to the Claimant, I then notified the Claimant of the driver – However they simply responded in an email by saying “XXXXXXXXX”

7. Having contacted DRPL through email twice (Exhibit 9), I never received anything other than an automated response. I then didn’t hear anything until XXX XXX XXXX when Gladstones Solicitors sent a letter demanding £149 and then continued sending letters until the Letter Before Claim letter came through. It was at this point I reached out to the Claimant again via email.

4. The signage at the car park does not form a contract. There is no clear entrance sign (Exhibit 2), signage inside the car park was placed too high with small text making it extremely difficult to notice and read - Not long after the PCN was issued the Claimant lowered the signs proving that they were aware that the signs were too high (Exhibit 3). The parking charge is hidden within the small print, it is not a clear – especially when the car was parked in a Visitor Bay (Exhibit 4) and prominent charge and was never 'bound to' have been seen, as in the ‘Beavis’ case.

5. I am no more liable now than I was then, but this unwarranted harassment and baseless litigation has caused me significant alarm and distress, such that I intend to report XX XXX XXXXXXX XXXXXXXXX to the Information Commissioner for misuse of my data, obtained from the DVLA.

6. My DVLA data was supplied for the single strict purpose of enquiring who was driving, not for suing me as if I can now be held liable, in the hope I will not defend/will have lost the paperwork/will have moved house, or even better, that I will be so scared that I will pay over £XXX XX for what was apparently an unproven £100 charge, allegedly incurred by another party, if incurred at all.


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


XXX XXX
(Defendant)


Also the deadline to submit the WS is tomorrow (I think! - depends on how they work out the 14 days) and I have still not received any WS from Gladstones.

Should I just email them my WS and exhibits etc stating "Please find enclosed my Witness Statement and Exhibits I will rely on in court

Yours Faithfully"
?

I will be going to the court tomorrow to hand deliver my WS there.

Thank you in advance.

SG

StubbornGoat

It's done now. I have sent copies to Gladstones and will soon be on my way to the court office to hand the documents to them too.

Quick question (if anyone's still listening!).... who do I address the envelope to when handing it to the court? Is it the Deputy District Judge who allocated the claim to the small claims track? Is that the same judge who will be presiding over court proceedings?

Or do I simply put Witness Statement, Claim number XXXXXX

?

Guidance is appreciated.

thanks