Claim form received, advice needed please!

beamerguy

doughboy2000 wrote: »

My court date is just a few weeks away now. Is there a collection of statements made in Parliament about PPC's? Can't seem to find anything..

My take on this would be ..... will a judge be interested in what MP's say and diverting his/her attention other than the case itself.

In your case you have a very strong defence whereby you are holding them to strict proof of their claim.
.
Your job is to place doubt in the judge's mind and let the claimant dither around replying. As you read on here often, these dodgy legals send "rent a bods" who tend to be clueless with no understanding of the case in hand.

Highlight the fake £60 double recovery. That in itself will not win the case but it can get the judge thinking if they are credible.

Every doubt in the judge's mind is a bonus for you

Don't forget to get your costs claim ready

D_P_Dance

My take on this would be ..... will a judge be interested in what MP's say and diverting his/her attention other than the case itself.[/B

I think that it is likely. If it was, for instance, Smart Parking, I would always advise D to bring to the judges' notice Pete Wishert's diatribe.

OP, you will find everything you need in Hansard.

doughboy2000

Thanks guys. My thinking is that if their witness alleges I was seen leaving the car park I can show exhibit of of MP's criticising PPCs to throw doubt on their honesty.

Umkomaas

doughboy2000 wrote: »

Thanks guys. My thinking is that if their witness alleges I was seen leaving the car park I can show exhibit of of MP's criticising PPCs to throw doubt on their honesty.

I think there’s a danger of drifting into rant mode. Unless you can find anything specific to the PPC you’re dealing with, then a Judge isn’t likely to be interested in sweeping generalisations from MPs showboating in Parliament.

If you’ve got sound defence points, I’d stick to those.

Coupon-mad

I think you are better denying any lie and staying calm, putting the claimant to proof, and not talking about what MPs said about the grubby, aggressive and pointless industry.

doughboy2000

Would you be kind enough to cast your eye over my witness statement? As advised I'll probably delete the Parliament references. Their witness pack arrived this morning and strangely doesn't make mention of anything I did wrong. It just addresses things like signage was ok, particulars ok, Beavis etc. No statement of what I did to breath their terms. Their photos are only of my vehicle parked up. Anyway heres my witness:

In the County Court at ………
Claim No.
Between
Euro Parking (Claimant)
and
……….(Defendant)

WITNESS STATEMENT

I am ………….the Defendant in this matter. I will say as follows:

2. On ……….., I was working as a delivery driver and after a long drive I parked my van on the land at Lidl and Travelodge.

3. I got out of my vehicle and walked in the direction of the ….. to investigate a building redevelopment adjacent to the land whilst having a cigarette. Part of the building (being redeveloped for …….) had been a ……… I had frequented in my youth and is the oldest building in the town (Exhibit 1).

4. I observed the redevelopment and read several notices that were on fencing surrounding the building. I believe I was standing on the land at Lidl and Travelodge at all times (Exhibits 2 and 3).

5. The parking signage did not display nor indicate the boundary of the land at Lidl and Travelodge. (Exhibit 4). The signage was not concise and lacked clear and brief terms compared to the Beavis case sign (Exhibit 4) The signage also contained four spelling errors (Exhibit 5).

6. Approximately three minutes later I walked directly into Lidl to purchase an item.

7. I then left the store and walked directly back to my vehicle. I estimate the time elapsed from getting out of my vehicle until returning to my vehicle be ten to fifteen minutes.

8. As I was putting my seatbelt on I noticed a ticket stuck to my windscreen so I got out to investigate.

9. An employee of Euro Parking Services approached me and accused me of leaving the car park. I said I had not. I said I would ignore any fine sent to me over this incident. He said I would have to pay. He was then called away by another person so I got back into my van and drove off. Questions have been raised in Parliament about the unscrupulous conduct of the private parking industry and as a result the Parking Code of Practice Act 2019 was passed on 15th March 2019 (Exhibit 6).

10. Some weeks later I received a letter from Euro Parking Services demanding a fine be paid by me. I was under the erroneous assumption that private parking fines could not be enforced in any event, so I ignored it. I may have received further correspondence from Euro Parking Services and/or Gladstone Solicitors about the incident which I also mistakenly ignored.

11. On ………. I received a claim form from the County Court Business Centre which I acted on immediately.

12. I believe on ……….. I was not in breach of the terms and conditions of parking on the land at Lidl and Travelodge at …………. as delineated by the signs on that land.

13. I invite the Court to dismiss this claim in its entirety.

doughboy2000

Correction - it does allege I says I was spoken to as I was seen leaving site, which is untrue.

Castle

doughboy2000 wrote: »

Their witness pack arrived this morning and strangely doesn't make mention of anything I did wrong.

Is there a witness statement from the parking operative who spoke to you, and the photos/video/notes to support their allegation in the pack?

doughboy2000

The WS is from their operative, yes. There are photos of my vehicle on the car park but no evidence of me outside the boundary of the car park of course.

Coupon-mad

OK but it is hearsay as the operative won't turn up.

So object to that WS and state that you are prepared to swear on oath (if you are happy to) that no 'operative' spoke to you to warn you at all and there was no boundary delineated anyway.