Gladstones Letter Before Claim

ts6789

I would say the boundaries aren't clear. I assumed that the side I parked on was covered by the parking company managed by my HA as they own the properties on that side. The other side is owned by the other HA.

When I contacted the other HA, they said the following "CPM are authorised to monitor all of XX Street apart from bays 5 to 21, which are monitored by Spitalfields/Countrywide." It doesn't mention this on any of the parking signs or in any communications that we received from Spitalfields (my HA) so I think my assumption was reasonable?

Coupon-mad

Yes, and that's the level that most Judges would look for - was what the driver did reasonable and did the signs prominently and clearly say which rules applied and where the boundaries were? If not, confusion reigns.

ts6789

I've tweaked these paragraphs slightly- grateful if you could let me know if it's clear.

13. The image however does not show that there is another sign opposite the UK CMP sign from a different parking company: Countrywide Parking. See Exhibit D. This sign was on the driver’s side and is therefore plausible that it was the first and only sign that was seen by the driver.

14. As a resident of the street, I was aware that Countrywide Parking were operating in the area as it was contracted out by my housing association (See Exhibit E). The permit I had on display was from the previous parking company contracted out by my housing association: Parking Ticketing Ltd. The housing association was in the process of changing parking companies and had advised residents to continue displaying their old parking permits (See Exhibit E). The driver was therefore parking under the assumption that the permit they had was valid at that point in time.

15. Furthermore, even if the driver was not a resident of the street and unaware that there were two parking companies operating in the same street, the signs do not make it clear which rules applied and where the boundaries are. It is therefore impossible for any individual to know which company a driver was entering into a contractual obligation with.

16. The signage was also deficient in number, distribution, tiny wording to reasonably convey a contractual obligation. It is difficult to read the tiny wording during the day due to the height of the sign. See exhibit F.

17. It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding the driver, which distinguishes this case from the Beavis case.


Also, in terms of supporting evidence, is it necessary for me to include the following? (trying to save ink!) and is there anything you think that's missing?

1. Exhibit A – Subject Access request submitted to UK CMP
3. Exhibit C – IPC code of practice

ts6789

This may be a rather silly question but do I need to post my witness statement and evidence to both UK CMP and Gladstones? Or can I email it to both? Not keen on spending wasting postage/printing costs on them! If so, is it okay to send it to their general enquiries email as that's the only email I've contacted previously (when i requested restriction of data processing)?

Le_Kirk

You carry out the instructions of the court by following the guidance on the claim form and serve your WS and evidence on the claimant - address on the claim form - if e-mail has previously been acceptable to them, then it is OK to use again.

ts6789

Aah okay just noticed the claim form says "address for sending documents" with no mention of email and includes only gladstones address. I've only communicated with them via their enquiries email pre-court stage.

Le_Kirk

I would suggest then that you have the address and, annoyingly, you have to print it all (you are not duty bound to make it as nice as the one you do for the judge) and post it - not using a signed for service, just first class from a PO counter and ask for a FREE certificate of posting. Keep that clipped to your paperwork for court in case the claimant tried to claim they didn't receive your bundle.

ts6789

I've just received UK CMP's witness statement: link here - filed is called "UK CMP WS"

hxxps://drive.google.com/drive/folders/1UX8a7y2OmKaEbWzLa9zwQ5tK5Sdpu9TM

Looks pretty much identical to witness statement Amis95 received last month (surprise surprise) with Jack Chapman's signature.

Main things to note (do tell me if I've missed anything critical)
- Jack Chapman's signature
- They say I had many opportunities to disclose who the driver was - i believe the burden falls on the claimant not me
- The map they've given seems to highlight in red where they are authorised to operate (See parking map in the above folder) However, i parked outside of that area - in the green box which I've just added to the map. The map doesn't have a yellow dot near where I was parked which is what UK CMP have used to indicate where they have signage. In fact, when they issued the ticket there was a sign where there's a green dot (which I've just added) which is also evident from the images they shared of my car in the formal demand notice. So it would seem they've issued a ticket in an area where they are technically not allowed to - does that seem right?
- The reason they issued the ticket was for not displaying a valid permit, however they've picked up on the fact that I was not parked within a bay. Can they do that? What's my best defence against that?

Castle

ts6789 wrote: »

So it would seem they've issued a ticket in an area where they are technically not allowed to - does that seem right?
- The reason they issued the ticket was for not displaying a valid permit, however they've picked up on the fact that I was not parked within a bay. Can they do that? What's my best defence against that?

You appeared to have answered your own question; the vehicle wasn't parked in their patrol area so it's irrelevant.

ts6789

You appeared to have answered your own question; the vehicle wasn't parked in their patrol area so it's irrelevant.

Of course - will use that!

I'm gonna have a crack at pulling together a skeleton argument using Amis95's version - I found one his one to be really clear. How many days before the hearing date do I need to submit that? And can I provide more evidence e.g. my version of the parking map UK CMP have provided highlighting where I parked?