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Court hearing - Gladstones Solicitors - P4Parking

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Hi everyone, I really need everyone's help. Today I received the claimants witness statement. The pcn was issues by P4Parking - I went through all the hoops and ended up being take to small claims court.

The PCN was issues for parking in a visitors bay on my mums estate using a tampered visitors permit (note visitors permits are free of charge). I made a mistake when writing the date and therefore wrote over 2 with 3 to fix my mistake.

I am going to redact the witness statement pack to remove all personal data. Thereafter shall I post on here.

Appreciate your help in advance. I've never been taken to court.

Thanks for your help in advance.
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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    And the stupid Gladstones really think they have a valid case ???

    A judge would consider this as gross timewasting of the court
    Gladstones are well known for wasting the courts time.

    Clearly you were not trying to fake the date, a simple error

    We know that Gladstones have been on the funny stuff for a long time now ..... they must be on much stronger funny stuff now
  • Nameless
    Nameless Posts: 107 Forumite
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    yup, they are claiming it as tampered - even though I explained that it was not tampered. Even though the permits are freely distributed to the residents.

    I dont know what to do now.
  • Nameless
    Nameless Posts: 107 Forumite
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    Hi everyone, here is the claimants witness pack:

    https://we.tl/t-5gcutteyY6

    Thanks
  • Fruitcake
    Fruitcake Posts: 58,358 Forumite
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    edited 23 January 2019 at 5:03PM
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    The PCN number appears on several of those documents and needs redacting.

    They quote Elliot vs Loake which has been thrown out by every judge that has seen it.

    http://parking-prankster.blogspot.com/2017/01/skipton-judge-rubbishes-elliot-v-loake.html

    What did the landowner say when you complained?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Nameless
    Nameless Posts: 107 Forumite
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    The landowner doesn't deal with the issues directly but has a housing manager - who signed the agreement between the landowner and P4Parking. I spoke to the housing manager in person and he said it supports it and I need to deal with P4Parking.
  • Fruitcake
    Fruitcake Posts: 58,358 Forumite
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    edited 23 January 2019 at 5:50PM
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    Make sure you tell the housing manager they will need to attend court so you can question them about the contract.

    Is their name the one that appears (redacted) at the top of page 5, the contract dated 2013?

    You should be claiming that there is no evidence the contract is still running. Where is their renewal of contact in accordance with para 6 (Term and Termination) that says it runs for a minimum period of twelve months and then renewed?

    Who has PPd (signed) the contract on behalf of Koddus Miah? What is their position in the Guinness Partnership?
    The signature on page 5 near the printed name Koddus Miah is different to the signature on page 6 underneath the printed name Koddus Miah and the company name.
    Two different people on same document with no proof either of them are Koddus Miah.

    There is no name in the "Contract accepted by" (Sales Manager) box and nothing in the "Contracts Verified by" (Accounts Manager) box.
    So who accepted and verified it?

    The contract refers to fines several times. These are not permitted and cannot be enforced by a private company or individual.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Does this not relate to an existing thread? WIth only 35 posts I bet it does
    IF it does, PM a BOARD GUIDE and ask them NICELY to merge your threads, as you cannot just start a new one.

    Have you sent YOUR WS and Evidence in? Yes or No.
  • Fruitcake
    Fruitcake Posts: 58,358 Forumite
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    Does this not relate to an existing thread? WIth only 35 posts I bet it does
    IF it does, PM a BOARD GUIDE and ask them NICELY to merge your threads, as you cannot just start a new one.

    Have you sent YOUR WS and Evidence in? Yes or No.

    Earlier posts are from a 2014 parking thread.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 132,705 Forumite
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    This is important!
    Have you sent YOUR WS and Evidence in?

    Yes or No.

    You'll hopefully know from reading the 2nd post of the NEWBIES thread, that sending a defence is not the only job, and how to write a WS and what evidence to show.

    If not, no more questions please, until you've gone and read it, maybe more than once!

    What date is the hearing and what date do you have to get the WS and evidence filed & served? (stated pretty clearly in the court letter that set the hearing date)...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nameless
    Nameless Posts: 107 Forumite
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    Fruitcake wrote: »
    Make sure you tell the housing manager they will need to attend court so you can question them about the contract.

    Is their name the one that appears (redacted) at the top of page 5, the contract dated 2013?

    You should be claiming that there is no evidence the contract is still running. Where is their renewal of contact in accordance with para 6 (Term and Termination) that says it runs for a minimum period of twelve months and then renewed?

    Who has PPd (signed) the contract on behalf of Koddus Miah? What is their position in the Guinness Partnership?
    The signature on page 5 near the printed name Koddus Miah is different to the signature on page 6 underneath the printed name Koddus Miah and the company name.
    Two different people on same document with no proof either of them are Koddus Miah.

    There is no name in the "Contract accepted by" (Sales Manager) box and nothing in the "Contracts Verified by" (Accounts Manager) box.
    So who accepted and verified it?

    The contract refers to fines several times. These are not permitted and cannot be enforced by a private company or individual.

    Thanks for your response.

    Can I request the housing manager to attend court? And how do I formally go about this? Do I need to submit anything before the hearing in Feb?

    The name on top of page 5 is the housing association. Signed off by the housing manager.

    Thanks for the point about renewal I was thinking that - but I thought it my be an open dated contract.

    Koddus is the housing manager who signed it on behalf of Guinness, the housing association.

    "The contract refers to fines several times. These are not permitted and cannot be enforced by a private company or individual." - Anything I can refer to regarding this point?

    Really appreciate your help
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