Claim form pack arrived for parking fines on private land

simone82

Good evening, I wonder if anyone can again help me?!


Finally I have my court date, the 4th March 2020! I have just spent the last 2 hours searching through forums and trying to see for Gladstones Witness Statement, Residential parking etc and cant see any examples of WS for my same situation. I know that I saw some a year ago but today I am just not having any luck.


So far I have managed to write small snippets that somehow I will piece together to form a Witness Statement, however I am finding all the paragraphs etc quite overwhelming and confusing. My fear is that I go into Court and have no idea what I am talking about or what I am doing. I just want to try and present a straightforward WS. Can anyone please advise any threads I can read through as through my searches I cant find anything which is along the same lines as my case.


Thank you very much for any advice

Coupon-mad

OK so you need to:

- read the thread by the poster CEC16 by finding them in the members' list

- read the threads you find when you search 'supplementary WS'

- read the threads you find when you search costs schedule unreasonable

- read the threads that come up when you search AST landlord witness statement

simone82

Thank you, will get on this first thing in the morning. Very much appreciated!!

princpercy

I have most of this down but there is one area i'm not sure on. Do I admit that I parked the car there on the alleged days? My defence said that could nor confirm nor deny the offence?
I didn't have my permit the day I parked i was just trying to get on with my job!

Fruitcake

If you are defending as keeper and relying on a non PoFA compliant NTK then you should not reveal the driver's identity.

If you are defending as a resident/visitor relying on a tenancy agreement that does not require a permit to be displayed then I think you would be better revealing the driver's identity.

Coupon-mad

PCM can hold a keeper liable anyway, under the POFA, so admit to driving.

simone82

Firstly Coupon-mad, I just want to say WOW!!! Amazing work on CEC16's case! I'm sitting down surrounded by tons of paperwork and for the first time since this started I feel a slight sense of excitement instead of dread!


I suppose I need to clarify first, I have 2 cases with Gladstone's, the first has been assigned to court (4th March) and I presume the second court date will follow shortly. I have asked the court previously to combine both cases together as they are identical in particular's etc but it doesn't appear that they have done this so far. Do I leave this this be, or try to have both heard at the same time?


I am looking at the particulars for the first claim and costs and note the following:


"The driver of the vehicle registration XXX (the vehicle) incurred the parking charges on XXXXX (7 DATES IN TOTAL) for breaching the terms of parking on the land at XXX. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £640 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £129.72 pursuant to s69 of the County courts Act 1984 at 8% pa, continuing to Judgement at £0.14 per day.


Amount claimed: £769.72
Court fee: £60.00
Legal rep costs: £70.00
Total: £899.72.


The first thing I wonder is how they have come to this amount? Their LBC states 7 fines at £160.00 each, so am puzzled as to how they have arrived at £769...…… The initial fine is £100.00 each reduced to £60 if paid within 28 days

Coupon-mad wrote: »

OK so you need to:

- read the thread by the poster CEC16 by finding them in the members' list

- read the threads you find when you search 'supplementary WS'

- read the threads you find when you search costs schedule unreasonable

- read the threads that come up when you search AST landlord witness statement

KeithP

simone82, you would be wise to remove the vehicle's registration number from your most recent post.

The parking companies trawl this forum just waiting for people to trip themselves up and can try and use your posts against you.

Coupon-mad

I suppose I need to clarify first, I have 2 cases with Gladstone's, the first has been assigned to court (4th March) and I presume the second court date will follow shortly. I have asked the court previously to combine both cases together as they are identical in particular's etc but it doesn't appear that they have done this so far. Do I leave this this be, or try to have both heard at the same time?

Write a quick letter to the Judge by name and ask that claim numbers xxxxxxx and xxxxxxx be consolidated.

Use the words by bargepole, EVEN IF you already did. Your Judge has not noticed:

https://forums.moneysavingexpert.com/discussion/comment/76103592#Comment_76103592

That poster went on to win!

Their LBC states 7 fines at £160.00 each, so am puzzled as to how they have arrived at £769...…… The initial fine is £100.00 each reduced to £60 if paid within 28 days

Totally agree. Makes no sense.

Have they conflated some of the dates from the second claim, across to this one? Either way, cover it in your WS and say how you are confused, then lead into mentioning your Supplementary WS about parking firms NOT being able to lawfully recover additional costs above a £100 parking charge that already includes those same costs.

simone82

Thanks KeithP, done!!

KeithP wrote: »

simone82, you would be wise to remove the vehicle's registration number from your most recent post.

The parking companies trawl this forum just waiting for people to trip themselves up and can try and use your posts against you.