Gladstone Solicitors Claim form for parking ticket

beamerguy

Mattmay247 wrote: »

Hiya. Just a quick update. Just got my paper work from the county court.

It’s saying my claim will be heard at the royal Court of Justice, Strand,London.
I’m a little worried as I put down Luton county court & after a bit of research it’s saying usually quite serious cases be heard there?
Any info on this would be great. Thanks

Your case is a civil one, you are not a criminal.
Your case is no different to any other of this type which are heard
in county courts throughout the country.

I would ask why as you requested your local court.

Mattmay247

Yes, that’s what I thought, just a bit surprised they’ve allocated that court. Thanks for the reply

beamerguy

Mattmay247 wrote: »

Yes, that’s what I thought, just a bit surprised they’ve allocated that court. Thanks for the reply

See what others on here say. My gut feeling is that this should be more of a worry for Gladstones. County court decisions do not set a precedence but a higher court does.
This should not be a worry for you

Mattmay247

Hi everyone.Only quick but does anyone know if I should email my witness statement to the Royal courts of justice ( where I’m having my hearing ) or my local court ( Luton ) or even in fact the Northampton business centre. Many thanks

Redx

Not Northampton CCBC , because they are not a court and only take in the paperwork before passing to the court that was allocated

The court order with the date of the hearing has the details on it if what is required and the deadline date, read all of it , because your question is answered by your own paperwork

Plus it's not just your WS , it's also your Exhibits plus your costs schedule too , so the whole bundle , preferably as a itemised paginated bundle

Courts have limits on what they will print , so check beforehand what they will or won't print

My feeling is that it's the one in London , but only you can answer your own question by reading the court paperwork they sent to you , the one with the dates on it

If Luton wasn't allocated , then they won't want it

Mattmay247

Hi redx. Thanks for the reply. I’ve read the documents about 10 times. But failed to see any specifics as on the top of the letter is headed and footed the address of Luton court & reads “ in the county court at Luton “ but on number 2 on the page says the hearing will be heard in London. No more specifics at which court.

Redx

Well because it's ambiguous , I would suggest that you phone Luton county court on Monday and get it clarified , perhaps they are expecting the bundle and may pass it onto London ? Otherwise it's phone London with the same query

I have no idea why you are asking us and not them ?

Mattmay247

Hi! I thought I'd submit my witness statement before I sent it to the relevant parties. Any critique would be appreciated. I added few paragraphs of legal at the end, just to add some weight. If not needed then I'll take it out.


In the County Court at XXXXX
Claim No. XXXXXXXX
Between
HX CAR MANAGEMENT ( Claimant)
and
XXXXX (Defendant)

---

Witness Statement

---

1. I am xxxx, of [Address], the Defendant in this matter. I will say as follows:

2. On 15.07.18 I visited the car park , and parked my vehicle registration no, XXXXX in the car park.

3. On 15.07.18 I was in Southend for a day out at the beach. It was a hot and sunny day so it was very busy. It was my first visit to this car park and I was not previously familiar with it, or the road layouts outside it or how busy they could be.

3.1. Once entering the car park was quite busy, there was a que of cars waiting for spaces. I remember waiting for a few other cars to manoeuvre in and out of spaces before trying to park myself.

3.2. After finally parking the car I then walked over to the signage and spent a further few minutes reading the signs.

3.3. I then walked over to the payment system where I attempted to pay several times but the machine had kept rejecting my coins. I then returned to my car to try find other coins that the machine would accept, and to pay again but the payment system kept spitting the coins out.

3.4. After two separate failed attempts for the payment machine to accept my coins, I then walked into the onsite casino to get some further change, walked back to the machine and then paid. Which the payment machine finally accepted.

4. As evidence I attach witness statement from my partner who was with me, confirming that we parked and complied as instructed by the car park. This was an unexpected and non-agreed charge

4.1 It is asserted that my witness statement and those of my partner are the only ones from parties with personal knowledge of the events of that day and that any statement made by this Claimant or their legal representative are not facts within their personal knowledge, given the fact that only myself and my partner were there to bear witness.

5. The fact I made reasonable endeavours and cannot be penalised under UK contract law is also a circumstance supported by trite law. Authority for this is the case of Jolley v Carmel Ltd [2000] 2 EGLR 154, where it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

5.1. Even if the Court believes a contract potentially existed, the Law Reform (Frustrated Contracts) Act 1943 applies. It states at 1.(1) ''money due but not paid before frustration ceases to be payable'' ;a contract may be discharged on the ground of frustration. The unforeseeable frustration brings a contract to an end forthwith and automatically!

6. Due to frustration of contract, where matters were outside my control due to a possible payment machine error the contract was never properly or fairly made.

7. 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

Redx

There are no numbered exhibits mentioned , like signage and laws , case law etc , nothing other than the WS itself, even the wife's statement has no reference, nor the case laws you quoted

Your paperwork demands a WS plus exhibits , plus we tell you to include a costs schedule as well , as a bundle

Read other recent threads where the WS references the exhibits and those exhibits are identified , usually with your own initials plus a number , such as MM01 , MM02 etc

By reading recently approved WS in other threads you will get the Idea , same as I did , but I don't have any PCN,s or court claims

Mattmay247

Right gotcha! Okay, I'm with you like a Google map view of the car park or something. Thank you Redx, yours and others advice have pretty much seen me through this far!