County court claim received from Gladstones on behalf of UKCPM

Coupon-mad

The title that info is placed under is "schedule 1, obligations of the tenant", do I just add that in above like you added in rights?

Yes, that's fine, all good! Replace the word 'rights' (I was guessing).

also KeithP states above that I should print and scan the defence but is it OK to just send it as an attached PDF? As I do not have easy access to a printer.

Yes but ONLY with your signature on it, so the only way round that is to sign a piece of white paper and take a scan or good quality photo on your phone of the signature, save it and crop the image to be the right size, then add it under the statement of truth, and add the date too.

A defence MUST have the signature of the Defendant named in the claim.

Bilbo1995

Ok great, thanks a lot for the info

I was also thinking of adding this in with regards to the obligations:

The lease states the obligations of the tenant with regards to cars and parking however it does not state anywhere that there is an obligation to display a permit. According to the lease the defendant complied with all the regulations regarding parking at the property


Should I? or is that unnecessary and implied.

Coupon-mad

Yes, I would add that.

Bilbo1995

Cool, thanks a lot for all your help it's much appreciated, going to finalise it and send it off tomorrow

Bilbo1995

My case has progressed to the county court and I have a hearing date. I have prepared a witness statement below. Is this comprehensive enough? I read other statements that were a lot longer and more legal. does this need to be in the witness statement or should I save that for the skeleton argument?

Adjacent to this, is there anything in this witness statement that you think should be added, removed or amended with reference to my defence?


IN THE COUNTY COURT AT:
Claim No.

Between

UK CAR PARK MANAGEMENT LIMITED

and

MR XXXXXX (Defendant)


WITNESS STATEMENT

I am the defendant in this matter. Attached to this statement is all the documents to which I will refer marked

1. At the time of the alleged charge I was living at (address) as shown in the lease (numbered X) attached.

2. I had moved in on X date and was unaware of the parking terms that UKCPM is relying on as no terms for requiring a permit to park are stated in the lease attached on page X.
15. Cars and Parking
15.1. To park a private vehicle only at the Property.
15.2. To park in the car parking space, garage or driveway allocated to the Property,
if applicable

3. The signage that UKCPM is relying on is unclear and not readable from a car when driving past, as shown in the video attached, filmed from the passenger seat of my car. Also there are 2 different types of signage at the property, one for UKCPM and another for Parking and property management. From a vehicle it is entirely unclear; why there are 2 types of signage, which signs apply to which areas and what the conditions are on each type of signage.

4. Further to this there are 3 different types of spaces at the property; numbered, marked and unmarked, photos of all the spaces are enclosed. Due to the unclear nature of the signage and the conditions in my lease I had assumed that the unmarked spaces were free for anyone in the building to park in. I had assumed that the 2 types of signage applied to the numbered and marked bays and that this 3rd type of bay was not covered by the 2 types of signs.

5. As the signage and the lease do not clearly state the requirements for parking no contract can be drawn and no debt is owed

6.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

Bilbo1995

Would someone be able to look at my witness statement and give me some advice on it or is it good to go?

Le_Kirk

At the beginning you might say: -
"This is my witness statement in support of my defence already filed"
I am a little confused about the commonality between your defence which talks about permit you have always had one since moving in and your witness statement which seems to talk about the non-requirement to have a permit. What does it say on the permit? Does it have your VRM and does it state specifically where you can park, numbered slot or otherwise? If the permit has been issued by the PPC and it carries your VRM, they know you are authorised to park there and the fact the parking hitler couldn't see the permit should be de minimis as it could very quickly be checked within their system as you should be on a white list.

Coupon-mad

Also there are 2 different types of signage at the property, one for UKCPM and another for Parking and property management.

Evidence that - and give each evidence exhibit a number.

Include your costs schedule too. A few hundred, as per the NEWBIES thread.

You have not mentioned anything in this brief WS about the fact that the added 'costs' are not recoverable and are untrue (there were no debt collection costs and they are disallowed anyway).

You need to do the same as on every thread about defence/WS and the fake costs.

Bilbo1995

I am a little confused about the commonality between your defence which talks about permit you have always had one since moving in and your witness statement which seems to talk about the non-requirement to have a permit. What does it say on the permit? Does it have your VRM and does it state specifically where you can park, numbered slot or otherwise? If the permit has been issued by the PPC and it carries your VRM, they know you are authorised to park there and the fact the parking hitler couldn't see the permit should be de minimis as it could very quickly be checked within their system as you should be on a white list.

I didn't think I should include that as the permit is not registered to my VRM. I only just now realised that putting that line in my defence may not have been the smartest based on the situation and my defence. My original thought was to prove that I am a resident not just a random person parking there. I now realise that it may come across as I knew the situation since I mention having a permit. Do you think that will be used against me?

Bilbo1995

here is the updated witness statement with exhibits marked and costs added as well as the other things mentioned

IN THE COUNTY COURT AT:
Claim No.
Between
UK CAR PARK MANAGEMENT LIMITED
and
MR XXXXXX (Defendant)

WITNESS STATEMENT
This is my witness statement in support of my defence already filed

I am the defendant in this matter. Attached to this statement is all the documents to which I will refer marked

1. At the time of the alleged charge I was living at (address) as shown in the lease attached (exhibit A, page 3).

2. I had moved in on X date and was unaware of the parking terms that UKCPM is relying on as no terms for requiring a permit to park are stated in the lease page X (exhibit B, page 3).

15. Cars and Parking
15.1. To park a private vehicle only at the Property.
15.2. To park in the car parking space, garage or driveway allocated to the Property,
if applicable

3. The signage that UKCPM is relying on is unclear and not readable from a car when driving past, as shown in the video attached, (Exhibit C, page 4) filmed from the passenger seat of my car. Also there are 2 different types of signage at the property (Exhibits D and E, page 5 and 6 respectively), one for UKCPM and another for Parking and property management. From a vehicle it is entirely unclear; why there are 2 types of signage, which signs apply to which areas and what the conditions are on each type of signage. Also compared to the signage in Parking eye vs Beavis (Exhibit F, page 7) the terms are nowhere near as clear.

4. Further to this there are 3 different types of spaces at the property; numbered, marked and unmarked (Exhibit G, H and I, page 8,9 and 10 respectively). Due to the unclear nature of the signage and the conditions in my lease I had assumed that the unmarked spaces were free for anyone in the building to park in. I had assumed that the 2 types of signage applied to the numbered and marked bays and that this 3rd type of bay was not covered by the 2 types of signs.

5. As the signage and the lease do not clearly state the requirements for parking no contract can be drawn and no debt is owed

6. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

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

DEFENDANT'S SCHEDULE OF COSTS
Ordinary Costs


Loss of earnings/leave, incurred through attendance at Court xx/xx/xxx £x

Return mileage from home address to Court £x

Parking near Court £x

Sub-total £x


Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £x

Stationery, printing, photocopying and postage: £x

Sub-total £x



£ ______ TOTAL COSTS CLAIMED