Going to court for parking in my own spot

MrDramatique

Redx wrote: »

its past WS you need to check , not defences , the time for the defence has long since passed

the WS is your own story, backed up with numbered exhibits , only you know your own story and what evidence you have gathered

you need to assemble a bundle which includes your own WS , your numbered exhibits , plus your costs schedule

one bundle goes to the court , one to the claimant and keep the third for yourself

read recenly completed court cases, by putting the title of a well known Queen song into the forum search box

hint :- AOBTD

Sorry I meant witness statements not defense. Thanks for the direction. I'm familiarising myself with their WS to ensure I have all bases covered. Interesting they argue a lot of things loosely and it all seems to rely on their contract with the land owner but the contract, isn't consistant with the lease at all, there's no provision for the inclusion of a parking control scheme and certainly no provision to be charged for parking without a permit or for any other reason for that matter.

If as people have suggested in that the lease has primacy of contract then quite simply the parking control contract could never be valid in the first place.

Redx

so read Witness Statements in similar own space residential cases and see what they have written , plus read the cec16 thread about abuse of process and the CRA2015 etc too

the more you read , the more you learn , same as the regulars here do , we gain knowledge and insight by reading , especially completed court cases, plagiarise one of the WS from a residential case , number your exhibits suxh as xyz001 , xyz002 etc , make your last exhibit such as xyz 005 or whatever your costs schedule

MrDramatique

Thanks RedX.

Also can anyone confirm something I'm struggling to find official verdict on. I've received the claimants witness statement before the submission date and before I compile my own. Can I reference it?

Also I need advice on general structure and order of submissions. I believe a skeleton arguement may be of good use to me in this case, it would certainly benefit me in terms of arguement reference.

Although my court date is in April next year the courts are requesting all documents that I intend to rely on in court (apparently according to court clerks this is new procedure) are to be served by the 21st of this month. Will this include my Skeleton arguement? Reading elsewhere it seems it wouldn't but the document from the court is fairly plain in it's wording.

My thoughts were, witness statement plus documents/evdence I intend on relying on such as lease, letters to cease action against me from the Land Management Company and pictures of lack of signage /poor lighting / illegible terms etc (god knows how to submit video - youtube link??)

Can I then turn up on the day with a skeleton arguement or submit it a few weeks prior to the hearing?

I'm also struggling to find a good and relevant example of a witness statement. I understand this is meant to support my defense but the witness statements I've seen so far read like skeleton arguements. Confused.

Redx

yes you can use anything in it that supports your defending the claim , use anything and everything you can find , have found , have received , have investigated , have proof of (including their WS and any SAR reply and signage and management docs etc) - everything

you should concentrate on your WS + Exhibits , not a skelly , the skelly is your aide memoire , nothing more

I would think your skelly can be submitted nearer the time, but for now concentrate on what the court order tells you to do, you seem to be wandering off track, even though you have had months to prepare (yes I know you have been poorly, but you could have done the WS + Exhibits as a draft when the defence was submitted)

submit video on a usb stick or a dvd, but have the means to play it in court

submit the skelly and anything else as supplementaries , say 2 weeks before the hearing

I have already told you what to find and read for inspiration, other residential cases , its not as if you are the first residential court case , but your WS is your story, nobody else can write it for you

there is no S in DEFENCE, get the terminology and spelling right

edit

a quick search using AOBTD found these examples of winners in minutes

https://forums.moneysavingexpert.com/discussion/5928907/uk-cpm-ltd-gladstone-solicitors-lbc-received

https://forums.moneysavingexpert.com/discussion/5968782/parking-in-own-space-issued-with-claim-despite-previously-winning-at-county-court

https://forums.moneysavingexpert.com/discussion/5901157/received-a-ccj-claim-from-bw-legal-for-a-parking-ticket

https://forums.moneysavingexpert.com/discussion/5870015/link-parking-gladstones-unclear-signage-court-defence-by-23-july

https://forums.moneysavingexpert.com/discussion/5989725/vcs-residential-money-claim

https://forums.moneysavingexpert.com/discussion/5997896/court-for-tickets-x-3-for-parking-at-home-address

https://forums.moneysavingexpert.com/discussion/6071471/review-of-witness-statement

Coupon-mad

MrDramatique wrote: »

I'm going to have to spend time tonight going through past WS that are similar to my own circumstances but if anyone could point me in the right direction and save me time it'd be hugely appreciated.

Search the forum for waive integral or just waive or waiver, to find Gladstones template WS chewed over already lots of times. It will really help you!

DO NOT search to show threads.

Change the advanced search to SHOW RESULTS AS POSTS.

6 PCNs from District Enforcement

Are all six on the one case/one hearing now, as I notice earlier you had more than one LBC?

We'd like to see the DE Witness Statement, yes, partly because we'd like to compare it to the templates Gladstones use for UKCPM that are the subject of a complaint to the SRA.

Does it look like the 'signature' is a facsimile (electronic copy?).

Does the WS go on about case law and very little about witness knowledge?

Have they added £60 to each PCN, taking each one over £100? What sums are involved?

Show us a Dropbox link but meanwhile do the forum searches as you need knowledge!

MrDramatique

Coupon-mad wrote: »

Search the forum for waive integral or just waive or waiver, to find Gladstones template WS chewed over already lots of times. It will really help you!

DO NOT search to show threads.

Change the advanced search to SHOW RESULTS AS POSTS.

Are all six on the one case/one hearing now, as I notice earlier you had more than one LBC?

We'd like to see the DE Witness Statement, yes, partly because we;d like to compare it to the templates Gladstones use for UKCPM that are the subject of a complaint to the SRA.

Does it look like the 'signature' is a facsimile (electronic copy?).

Does the WS go on about case law and very little about witness knowledge?

Have they added £60 to each PCN, taking each one over £100? What sums are involved?

Show us a Dropbox link but meanwhile do the forum searches as you need knowledge!

Thank you Coupon. I will scan it all in for you but there's quite a fair amount to redact. I'll be up late tonight and I'm off from work tomorrow (business partner has got my back, bless him) to give myself more time for everything else but I'll make a start on getting rid of identifying details. Do let me know if its a waste of time though as I do have a feeling.

MrDramatique

Redx wrote: »

yes you can use anything in it that supports your defending the claim , use anything and everything you can find , have found , have received , have investigated , have proof of (including their WS and any SAR reply and signage and management docs etc) - everything

you should concentrate on your WS + Exhibits , not a skelly , the skelly is your aide memoire , nothing more

I would think your skelly can be submitted nearer the time, but for now concentrate on what the court order tells you to do, you seem to be wandering off track, even though you have had months to prepare (yes I know you have been poorly, but you could have done the WS + Exhibits as a draft when the defence was submitted)

submit video on a usb stick or a dvd, but have the means to play it in court

submit the skelly and anything else as supplementaries , say 2 weeks before the hearing

I have already told you what to find and read for inspiration, other residential cases , its not as if you are the first residential court case , but your WS is your story, nobody else can write it for you

there is no S in DEFENCE, get the terminology and spelling right

edit

a quick search using AOBTD found these examples of winners in minutes

https://forums.moneysavingexpert.com/discussion/5928907/uk-cpm-ltd-gladstone-solicitors-lbc-received

https://forums.moneysavingexpert.com/discussion/5968782/parking-in-own-space-issued-with-claim-despite-previously-winning-at-county-court

https://forums.moneysavingexpert.com/discussion/5901157/received-a-ccj-claim-from-bw-legal-for-a-parking-ticket

https://forums.moneysavingexpert.com/discussion/5870015/link-parking-gladstones-unclear-signage-court-defence-by-23-july

https://forums.moneysavingexpert.com/discussion/5989725/vcs-residential-money-claim

https://forums.moneysavingexpert.com/discussion/5997896/court-for-tickets-x-3-for-parking-at-home-address

https://forums.moneysavingexpert.com/discussion/6071471/review-of-witness-statement

Thanks again RedX. You're right I could have allocated time better. Been a tough time the last year or so, I've been poorly, had to deal with a liquidation of a business due to non payment from a large contract, had to deal with the (nicer) stresses of a new start up that's been a roaring success and I've had to manage mental health on top with all of the aforementioned stress. Felt like giving up on this a few times due to lack of time but its not happening!

MrDramatique

Coupon-mad wrote: »

Are all six on the one case/one hearing now, as I notice earlier you had more than one LBC?

I've had two if I remember correctly, without going through the paperwork I have, they're currently only pursuing the first out of the six at the moment. Presumably to test case merit? Two LBC's 1/2 includes 1No PCN and 2/2 includes 5No PCNs.

Coupon-mad wrote: »

We'd like to see the DE Witness Statement, yes, partly because we'd like to compare it to the templates Gladstones use for UKCPM that are the subject of a complaint to the SRA.

Link below.

Coupon-mad wrote: »

Does it look like the 'signature' is a facsimile (electronic copy?).

Looks like a solid example of a MS Paint crop of a photo by a child.

Coupon-mad wrote: »

Does the WS go on about case law and very little about witness knowledge?

There's a fair amount of specifics and it does address the main aspects of my defence.

Coupon-mad wrote: »

Have they added £60 to each PCN, taking each one over £100? What sums are involved?

Exactly that on 1No PCN.

Coupon-mad wrote: »

Show us a Dropbox link but meanwhile do the forum searches as you need knowledge!

Here you go. https://drive.google.com/drive/folders/17n5Bh8gqLJ_NKL7UShjzZE0nRj42-CcF?usp=sharing

Coupon-mad

I am soooo glad I asked to see that WS even though it's kept me up half the night!

:eek:

https://beta.companieshouse.gov.uk/company/07346382/officers

Apparently, Danylo Kurpil, the ex-police Director of District Enforcement, has signed (electronic copy of course) a statement of truth but has forgotten how to spell his own name...

What they don't know, is that WE know how to spell Mr Kurpil's name because he is notorious on this forum.

RIGHT - this calls for an immediate email complaint to the SRA about Gladstones faking witness statements. An SRA complaint is already in and due to have an update later this week, so please please please, URGENTLY email another to the investigating officer:

To: report@sra.org.uk


FTAO
David Clare
Investigation Officer
Solicitors Regulation Authority

Dear Mr Clare,

Re: Gladstones Solicitors Limited, Warrington Road, High Legh, Knutsford, WA16 6AA (SRA ID 559050)

I understand that a complaint has been made under your ref POL/1278102-2019, and a current investigation is underway that suggests the above firm may have been in breach of the SRA's standards or requirements and that the allegations have been deemed serious enough to warrant further investigation.

I am unconnected to the previous complainant but have been informed about his complaint, where template witness statements have been submitted by this solicitor firm, with identical wording and case law cited which are not only not true witness statements from their client at all, but where it is clear that the witness cannot have signed it.

I too have received a Witness Statement from Gladstones, where they are acting for a different parking firm from the first complaint you are looking at, namely in my case, District Enforcement. The witness statement is attached, and here is the Companies House entry for that parking firm:

https://beta.companieshouse.gov.uk/company/07346382/officers

I am showing you that link, so you can see that one of the Directors is known to be an ex-policeman named Danylo Kurpil. It is the case that Companies House has his name spelled correctly, because he can also be found with internet searches connected to his company.

It is beyond the realms of credibility that Danylo Kurpil checked and signed this Witness Statement. It is impossible to believe that an ex Policeman would 'sign' a witness statement and forget how to spell his own surname. But that is what Gladstones are expecting me to believe, as their cut & paste witness statement template is headed up as from one 'DANYLO KURPEL' - a person who does not exist.

And at the bottom of the document, I see a copied screenshot of a squiggle that may or may not be the real Danylo Kurpil's.

It goes without saying that the 'witness statement' itself is almost an exact match template for those used verbatim by Gladstones in all parking cases they take to court (tens of thousands per year) and the same template is in the public domain hundreds of times on the internet and it is clear it is written by the solicitor firm, not the client.

I find the same template witness statement can be Googled and found posted by victim Defendants on internet forums, just by searching for an unusual turn of phrase, and/or the name of the 'case law' that Gladstones always throw in (e.g. 'Alder v Moore Gladstones' as an internet search, finds versions of this statement going back years in parking firm claim cases).

Moreover, I understand you have already been shown a copy of a job advert where Gladstones were very recently advertising for freelance statement writers, working from home, which clearly indicates that their business model involves churning out template ''witness statements'' which appear to be false instruments with little or no input from any actual witnesses.

I would like to ask that you also consider my case in your investigation.

Most consumers would never stumble across online information showing that the signature is false and the witness statement a regurgitated template written by freelancers for the legal firm. I believe this is rife, but my case shows a new twist - a false instrument from a person who doesn't exist.

Even if Gladstones try to explain this as a typo by their robo claim admin team, it is proof if the SRA need more, that Gladstones are filing and serving witness statements that cannot possibly have been written, checked and signed by the person they are suggesting has signed it.

I am sure that this ex-Policeman, used to the requirements for proper, lawful witness statements, would be horrified if the SRA ask him about this matter and he discovers how his screenshot signature is being used to give legitimacy and put his name to a statement he cannot have made.

Mr Kurpil cannot possibly have forgotten how to spell his own name.

Whilst there is a current court claim from Mr Kurpil's company, this statement is a clear example of Gladstones operating in flagrant breach of the SRA's standards just to race through as many cut & paste meritless parking claims as they possibly can, without actually involving their clients in the fundamental matter of signing as a witness under a statement of truth.

If you require any further information about my case please contact me using this email or my telephone number, which is xxxxx xxxxxx. My case is ongoing and has an imminent court date.

Yours sincerely,


MrDramatique's real name and address

Attachment - false 'witness statement' emanating from Gladstones

Umkomaas

Well spotted CM. Your commitment to the cause knows no bounds (even at 3:12am).