Claim Form for UK Car Park Management / Gladstones

wilsonf1

OK that's good news! I'll include a photo of the sign in my evidence. Hopefully the management company will send me something relating to this although I only have a week or so to submit this.

Le_Kirk

There’s been a development. A brand new sign has been added to the entrance to the estate now that says 10mph and “You are entering a private road which is subject to parking restrictions” - I have emailed the management company for any documents that relate to the erecting of this sign. Does this bode well for me, as surely that comes across as an omission that the previous signage was not adequate to warn drivers?

Did you mean: -
There’s been a development. A brand new sign has been added to the entrance to the estate now that says 10mph and “You are entering a private road which is subject to parking restrictions” - I have emailed the management company for any documents that relate to the erecting of this sign. Does this bode well for me, as surely that comes across as an [strike]omission[/strike] admission that the previous signage was not adequate to warn drivers?

I know it is not part of a defence or WS but if you do use it in such, it is important to get it right.

wilsonf1

Le_Kirk wrote: »

I know it is not part of a defence or WS but if you do use it in such, it is important to get it right.

I couldn't agree more! Thanks for the correction. I'll add this on as a new bullet point to the WS and refer to the photo as an exhibit on a new page.

wilsonf1

OK so I am really running out of time! I would really appreciate one last piece of feedback from one of you (or more?) if you wouldn't mind. I am using the bits I understand from all the forum research. Thanks again for all your help:

WS:

In the County Court at Home Town
Claim No. XXXXXXX
Between
UK CAR PARK MANAGEMENT LTD (Claimant)
-and-
Mr First Last Name (Defendant)

---

Witness Statement

---

1. I am First Last Name, of home address, the Defendant in this matter. I will say as follows:

2. I visited the road of Mary Munnion Quarter, and parked my vehicle registration no. XXXXXX on the road.

3. At no stage was I aware I was on private land or subject to enforceable terms and conditions.

4. I believe the Claimant’s signage and to be completely inadequate and in breach of the IPC's (Independent Parking Committee) Code of Practice. Exhibit 6 is a valid example sign as published by the IPC which demonstrates:
a) Make it clear that the motorist is entering onto private land
b) Refer the motorist to the signs within the car park which display the full terms and conditions.
c) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the jurisdiction within which your company is registered).

5. Exhibit 2 is a screen shot of Google Maps Street View which shows the approach to Grace Bartlett Gardens from Wood Street. As you can see from the approach, there is no sign warning a driver that you are entering private land that is subject to parking conditions.

6. Exhibit 3 is a screen shot of Google Maps Street View of driving into Grace Bartlett Gardens. A small and inadequate sign relating to the parking conditions is high up on a lamp post, and in breach of the IPC's Code of Practice.

7. The Defendant entered the estate during nighttime hours. Exhibit 4 and 5 are photos taken by the Defendant which show the signage to be unlit and with small font and in breach of the IPC's Code of Practice:
If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. You will need to ensure all signs are readable during the hours of enforcement as they form the legal basis of any charge.

8. Exhibit 1 is an email from First Port, the property management company of the estate, who have confirmed that parking restrictions were dropped for a period of time during which the alleged infringement took place. Thus aiding the idea that no parking restrictions were in place for visitors to the estate. I received this information from a resident of the estate who had told me there were no parking conditions enforced at that time, as per an instruction from First Port.

9. Exhibit 7 is a photo of a sign that has been added to the entrance of Grace Bartlett Garden’s which was only recently erected. The Defendant is attempting to get the exact erection date from property management company First Port and will hopefully be able to provide this information during the court hearing. Residents have informed me this took place midway through 2019, a long time after the PCN was issued. This is a clear admission that the original signage was no fir for purpose.

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.

Statement of Truth

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

Signature
Date

Each 'exhibit' is a separate page and titled clearly at the top of the page.

I then have the following to print - do I have to state in my WS that I'll be referring to paras from each of the below? Or do I print the pages and just include them in the pack I'll send to the court this week? I'd appreciate feedback on that point as I'm slightly confused!

Print pages 22-24 regarding signage.
https://theipc.info/resources/brandings/brandmedia_2_Code-of-Practice.pdf

Highlight: 6, 10, 14.The parking charge was in small writing and in breach of that 'unfair consumer notice' law.
http://www.legislation.gov.uk/ukpga/2015/15/schedule/2/enacted


DUTY ON THE COURT to apply a test of fairness (aided by Schedule 2 and other parts of the Act):
http://www.legislation.gov.uk/ukpga/2015/15/section/71/enacted


Highlight: 98, 193, 198. The Supreme court said three times that the actual parking charge must include the costs of the operation. Hence they cannot tack more costs on for the same letters.
https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf

Le_Kirk

IPC's (Independent Parking Committee) is actually International Parking Community.

wilsonf1

Le_Kirk wrote: »

IPC's (Independent Parking Committee) is actually International Parking Community.

Thank you! Do you know how to tie printed evidence to my witness statement, or should I just create a new page (per printed evidence) that says something like:

"I have printed pages 22-24 of the IPC with regards to Claimants signage not being adequate."

"I have printed and highlighted paragraphs 6, 10, 14 of the Consumer Rights Act 2015 Schedule 2 Part 1. The parking charge was in small writing and in breach of that 'unfair consumer notice' law."

Coupon-mad

Yes that is fine.

Have you got their WS and searched the forum for Jack Chapman signature? If you have the facsimile signature that matches the images you will find, copy what others did last month and make a complaint about Gladstones to the SRA, who are currently investigating more than one report, and need more!

If you have the same template WS with Jack Chapman's signature, do the SRA complaint anyway, even if you have already sent the WS and evidence off.

If you have not sent it yet, add more...see the threads from the search, and copy!

wilsonf1

Coupon-mad wrote: »

Yes that is fine.

Have you got their WS and searched the forum for Jack Chapman signature? If you have the facsimile signature that matches the images you will find, copy what others did last month and make a complaint about Gladstones to the SRA, who are currently investigating more than one report, and need more!

If you have the same template WS with Jack Chapman's signature, do the SRA complaint anyway, even if you have already sent the WS and evidence off.

If you have not sent it yet, add more...see the threads from the search, and copy!

Hi Coupon-Mad

I haven't had any correspondence from Gladstones since their DQ I believe. No WS from them and the deadline is 24th December.

My court said the trial fee was paid the day before the deadline on the 9th - so it's happening!

They have said to email the court my WS so I have 1 or 2 days to do that. And email to to Gladstones. (enquiries@gladstonessolicitors.co.uk)

Is there anything in me not receiving their WS that I can use in court if it doesn't show up by Christmas Eve?

It means I can't use the Jack Chapman point. Shall I send me WS as is? (previous thread)

Le_Kirk

wilsonf1 wrote: »

Hi Mr Mad

That'll be Mrs Mad then!

wilsonf1

I have emailed my WS to the court and Gladstones with 15 days to go until my case.

I stated that I would expect to receive the Claimants WS no later than 14 days before the case in accordance with bullet 9 from the courts instructions to send your WS to all parties.

Will this be a point I can raise on the day if I don't get anything back in the next 24 hours?