Help please there taking me to court

waamo

Cuppel69 wrote: »

Ok so thanks people, as no further suggestions to edit I'll go ahead and print off my witness statement and documents for court and email gladstones. One further question should I email gladstones at the 14 day limit to give them less time to look at it or just do it tomorrow, again thanks

I don't see any point in going to the wire if you are ready. They get loads of time to read it anyway so a few more days isn't going to make any difference.

Cuppel69

so here is the latest draft i think i get it now. i submit all the points of where they fail to comply with codes of practice and pofa in a skeleton and email it and hand in to court a few days before hearing. i have received witness statement from jd parking in which they produce an agreement to enforce on land agreed between them and college campus but land registry shows land is owned by Leeds council. They claim signage is correct location, font, size and location has been audited and approved but its written in the tiniest of fonts with no gate sign at all. they provide a site map showing they do not enforce the whole area approx half is not under there control surely more reason to mark and sign there bays. they claim to be able to recover more than the 100 pounds. they have shown no evidence as to observation time it appears they saw vehicle with no permit and issued instantly no observations by person on site who did not affix a note to my window but issued by post. i hope this is now about right so i can print and get in to court, before i start my skeleton. as always many thanks.

In the County Court at Leeds, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG

Claim No. xxxxxxxxxx

Between

JD Parking Consultants Limited (Claimant)

and

xxxxxxxxxxxxx (Defendant)


WITNESS STATEMENT

This is my witness statement in support of my defence already filed.



I, xxxxxxxxxxx, of xxxxxxxxxxxx, will say as follows:


I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked (P01 to P20) to which I will refer.



P01 TO P05 LETTERS RECEIVED

P06 TO P09 PHOTOS RECEIVED OF MY VEHICLE

P10 PHOTO OF SIGN NEAR VEHICLE

P11 PHOTO OF ENTRANCE TO AREA

P12 GOOGLE MAP SHOWING THE ENTRANCE TO DESTINATION

P13 PHOTO OF ANOTHER COMPANIES SIGN IN THIS AREA

P14 DOCUMENT SHOWING NO OBSERVATION TIMES

P15 PHOTO OF SIGN IN CASE REFERED TO BY CLAIMANT

P16 LAND REGISTRY MAP OF AREA

P17 BPA CODES OF PRACTICE

P18 A COPY OF SHEDULE 4 OF THE POFA

P19 SITE AREA DOCUMENT SHOWING AREAS WHERE SIGNAGE IS NON EXISTANT

P20 MY COSTS SHEDULE











1: It is admitted that on 19/04/2018 my vehicle, registration number xxxxxxx was parked on Vernon Street, as this was a long time ago, I do not recall who was driving, my vehicle is insured for more than myself. This is a regular parking spot for both myself and my partner, we have been parking here for over three years.



2: First I received a parking charge notice from a company called Parking Collection Services (P 01), then some letters from a company called Debt Recovery Plus ( P 02 P 03 P 04 ) about a parking charge but they were quite alarmist and for a street (Cookridge Street) which I know to be council owned land so I ignored them putting it down to a scam.



3: I then received letters from Zenith collections along the same lines (P 05), before receiving a letter before court from Gladstone’s Solicitors. Obviously at this point I looked into the matter with some urgency.



4: I had to request a Subject Access Request from Debt Recovery Plus as no evidence of the parking infringement had been presented, photo’s that I received from this show my vehicle parked correctly in a space with no sign to say anything to the contrary ( P 06, P 07, P 08, P 09). Two of the photographs had a sign on them. The sign in question is mounted 12 feet high on a wall in very tiny font, over a stair well with a further 6 foot drop beneath. (P10)



5: I have visited Vernon Street to take some pictures of the area and the sign in the picture I received. Driving into Vernon Street from Percival Street and then to the final destination there is no gate sign to tell you that your entering private land (P 11). There are no readable signs of any kind from JD parking to tell a driver not to park on this area of the street. I have provided a google map marked from entrance to final destination. (P 12)



6: There are numerous sign’s in other bays from another private parking company on this street claiming to enforce parking on this area, a picture of this is included (P 13). Which is another confusing factor.


7: On the original P C N I got from Parking Collection Services there is no length of time the vehicle was parked for, therefor it is possible the vehicle was only parked a short period falling into grace periods allowed. I received a document along with the pictures which seems to confirm this it only shows an exit time which I believe is the issue time. (P 14)



8: On the first letter received from Debt Recovery Plus they point to a court case which they say is why I should pay this case is completely different from mine and is not relevant I do however include a photograph of the signage from that case (P 15) to show how clear it was.









9: I believe there has been an abuse of process in this matter The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 (P 17) not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. A recent court case where this was found to be the case is Claim number is F0DP201T District Judge Taylor
Southampton Court, 10th June 2019.



10: I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Cuppel69

Please could I again ask for some feedback I've got untill Wednesday evening to get this and skeleton correct as needs to be in court by Thursday thanks

Cuppel69

Ok so here goes final draft of witness statement is below i am now starting on my skeleton

page 1 is index:

In the County Court at Leeds, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG

Claim No. xxxxxxxx

Between

JD Parking Consultants Limited (Claimant)

and

xxxxxxxxxxxxxx (Defendant)


My Witness Statement

INDEX



Page 1-2 Witness statement



Bundle of documents marked P01 to P20



P01 TO P06 LETTERS RECEIVED

P07 PHOTO RECEIVED OF MY VEHICLE

P08 PHOTO OF SIGN NEAR VEHICLE

P09 CLOSER PHOTO OF SIGN NEAR VEHICLE

P10 PHOTO OF ENTRANCE TO AREA

P11 PHOTO OF ENTRANCE FROM REAR VIEW

P12 PHOTO OF THE VIEW TO VEHICLE’S DESTINATION

P13 PHOTO OF ANOTHER COMPANIES SIGN IN THIS AREA

P14 DOCUMENT SHOWING NO OBSERVATION TIMES

P15 PHOTO OF BEAVIS SIGN IN CASE REFERRED TO BY CLAIMANT

P16 LAND REGISTRY MAP OF AREA

P17 A COPY OF SHEDULE 4 OF THE POFA

P18 BPA CODE OF PRACTICE

P19 SITE AREA DOCUMENT SHOWING AREAS WHERE SIGNAGE IS NON EXISTENT OR PLACED INCORRECTLY

P20 MY COSTS SCHEDULE

page 2 and 3 is statement

In the County Court at Leeds, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG

Claim No. xxxxxxxxx

Between

JD Parking Consultants Limited (Claimant)

and

xxxxxxxxxxxx (Defendant)


WITNESS STATEMENT

This is my witness statement in support of my defence already filed.



I,xxxxxxxxxxxxxxxxxxxxxx, will say as follows:


I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked (P01 to P20) to which I will refer.



1: It is admitted that on 19/04/2018 my vehicle, registration number xxxxxxx was parked on Vernon Street, as this was a long time ago, I do not recall who was driving. This is a regular parking spot for both myself and my partner, we have been parking here for over three years.



2: First I received a parking charge notice from a company called Parking Collection Services (P01), then some letters from a company called Debt Recovery Plus (P02, P03) about a parking charge but they were quite alarmist and for a street. (Cookridge Street) which I know to be council owned land so I ignored them putting it down to a scam.



3: I then received letters from Zenith collections along the same lines (P04, P05), before receiving a letter before court from Gladstone’s Solicitors. (P06) Obviously at this point I looked into the matter with some urgency.



4: I had to request a Subject Access Request from Debt Recovery Plus as no evidence of the parking infringement had been presented, photo’s that I received from this show my vehicle parked correctly in a space with no sign to say anything to the contrary (P07). There is a sign on the wall of the college building at the side of vehicle. I have visited Vernon Street to take some pictures of the area and the sign in the picture I received. The sign in question is mounted 12 feet high on a wall in very tiny font, over a stair well with a further 6 foot drop beneath. (P08, P09)









5: Driving into Vernon Street from Percival Street and then to the final destination there is no gate sign to tell you that your entering private land (P10, P11). There are no readable signs of any kind from JD parking to tell a driver not to park on this area of the street. I have provided a photo showing the view for a driver heading to vehicle’s final location. (P12)



6: There are numerous sign’s in other bays from another private parking company on this street claiming to enforce parking on this area, a picture of this is included (P13). Which is another confusing factor.


7: On the original P C N I got from Parking Collection Services there is no length of time the vehicle was parked for, therefor it is possible the vehicle was only parked a short period falling into grace periods allowed. I received a document along with the pictures which seems to confirm this it only shows an exit time which was the issue time, and shows no observation time at all. (P14)



8: On the first letter received from Debt Recovery Plus they point to a court case which they say is why I should pay this case is completely different from mine and is not relevant I do however include a photograph of the signage from that case (P15) to show how clear it was.



9: I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

as stated last day i can get this into court is Thursday so any ideas need to be posted soon, thanks to all who help.

Le_Kirk

You seem to have incorporated all that you posted about in post # 43 except the fact that land registry show the land being owned by Leeds council, so maybe you could have put that in your WS. If you have time before you hand this in to the court maybe you could add it.

Cuppel69

Thanks le_ Kirk, yes it's a rehash but I removed all the codes of practice stuff and will incorporate that in my skeleton along with a few law cases and other points I'm attaching to this witness statement.i also indexed. I am putting in land registry as there witness statement shows a contract between a college and parking company the land registry shows the land legally belongs to council. My main points in all this revolve around lack of gate signs, more than one company signing up individual bays and the sign being used against me is of very small print and very wordy being 12 feet up on a wall.
finally they claim I parked in a designated bay so I argue how was it designated no sign or floor markings in bay. I'm hoping, as all there presenting in the case is for the sign in question to be enough to form the contract that this will be enough along with skeleton argument to blow that out the water. Thanks for everyone's time and input.

Cuppel69

Sorry one last question, must I attach the legal case transcripts which I will be relying on in my skeleton argument to my witness statement or can I just file them with skeleton when I'm finished.

KeithP

Cuppel69 wrote: »

Sorry one last question, must I attach the legal case transcripts which I will be relying on in my skeleton argument to my witness statement or can I just file them with skeleton when I'm finished.

You have a date when 'documents you intend to rely on' must be filed and served.

That is the date when all your evidence must be sent to both the Claimant and the Court.

Cuppel69

Thanks Keith that's Friday so I'll attach them to witness statement and reference them in skeleton.

Coupon-mad

It may have been said already, but file & serve a 'high hundreds' costs schedule at this WS/evidence stage, too.