Gladstones Defence required Urgent

monkeynuts45

Anyone got any input getting ready to send....

Le_Kirk

Looks like a standard defence along the lines of one of Bargepole's concise defences so should be fine, provided there is nothing else from your particular case that you would want to rely on later. You cannot add/modify a defence once submitted (except on payment of a fee).

monkeynuts45

Thanks, i did have some specifics if you scroll up in the page, but was advised they may hinder my defence.

monkeynuts45

[FONT=&quot]Well, I’m back, and after spending 2 days straight looking back through the forums and WS, and now also armed with the "abuse of process" I am about to submit my WS. I have all the downloads done with the links from coupon mad (awsome, and massive thanks), and relevant Bevis paragraphs, and CRA 2015 etc. plus my pics and evidence.[/FONT]

[FONT=&quot]So I’m looking for a quick review of my statement, I have added the events as I saw them, the bit that i am struggling with is from all the WS I have read over the weekend some go into detail, almost as a Skeletal argument, and some are very concise and sparse. [/FONT]

[FONT=&quot]Also my defence never had the straddling the lines in, but clearly the PCN shows this in the picture, do I now add this or still ignore the obvious? [/FONT]

[FONT=&quot]Anyway please see below and critique as req. [/FONT]

[FONT=&quot]I, XXXXX, of XXXXXXXX, will say as follows:

[/FONT]I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.
Attached to this statement is a paginated bundle of documents marked XX1, XX2 etc., to which I will refer.[FONT=&quot]

Before I describe what happened on the day I parked in the xxx car park, I confirm that the essence of my defence to this claim as laid out in my submitted defence, with the addition of supplementary defence XX1 as part of the witness statement. [/FONT]
The Claimant's signage is not clear, small and mounted in positions designed to make examination difficult.
The claimant is abusing the court process and has knowingly inflated its claim for an additional sum which it is not entitled to recover. [FONT=&quot]

[/FONT][FONT=&quot] 1. On 12/05/2018, I parked in the _________ car park, I parked in the spot as outlined in the picture on the parking charge ref number ……, XX2, as it can be clearly seen there was another car over the marked bay, not shown in the picture there was a number of vehicles outside the lines which left only 1 end bay and a partial bay free. Having my children with me I parked so as to allow safe ingress and egress from the vehicle. All available parent and child spaces were occupied.
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]2.The spaces in this car park regularly produce this condition as the size of the spaces are smaller than the British Parking Association guidelines, see XX2.1, XX2.2, and larger vehicles struggling to fit in the spaces produce a domino effect. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]3.We returned around 40minuets later, and left the car park. Parking is free for 3 hours in this car park. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]4. Around the 15/10/2018 I received in the post a Final Demand parking charge, XX3, this was the first correspondence with ES Parking, and the letter demanded £125, with payment required within 14 days. I responded to them with a letter stating the signage was unreadable, the terms and conditions are extremely small and printed on a reflective background, and as such deemed unreadable. Please see XX4.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]5. Further correspondence then ensued with Gladstone Solicitors, with the claim amount plus £60 additional charges, see XX5, this lead to legal proceedings and a further inflated charge as laid out in the claim form XX6.[/FONT]


6. Further research into the claimant and their associates; ES Parking Enforcement and Gladstones Solicitors, reveals they are pursuing claims like these on an industrial scale using intimidation tactics and threatening court action to force people in to paying charges they don’t necessarily lawfully owe. They have abused the courts, and threats of using the courts, as a cheap form of 'debt' collection and acquiring default CCJ's, in the knowledge and hope that many people would not have the determination to fight through the many threats.

7. The threats gave the impression that if I did not pay immediately then a CCJ was inevitable and that it would destroy my ability credit rating.

8. The fact that the claimants inflate their claims in the face of court action further increases the suggestion that they are reliant on individuals not defending themselves and abusing the courts in order to obtain default CCJs. In the recent claim F0DP201T, District Judge Taylor struck out the claim as it "is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover".[FONT=&quot]

9. The Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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


Signature of Defendant:


Name:
Date:[/FONT]

KeithP

Every paragraph needs a sequential number - the court insists on that.

Too difficult to comment on without paragraph numbers.

monkeynuts45

Cheers Keith, will get on it.


Now updated.

monkeynuts45

[FONT=&quot]Well, I’m back, and after spending 2 days straight looking back through the forums and WS, and now also armed with the "abuse of process" I am about to submit my WS. I have all the downloads done with the links from coupon mad (awsome, and massive thanks), and relevant Bevis paragraphs, and CRA 2015 etc. plus my pics and evidence.[/FONT]

[FONT=&quot]So I’m looking for a quick review of my statement, I have added the events as I saw them, the bit that i am struggling with is from all the WS I have read over the weekend some go into detail, almost as a Skeletal argument, and some are very concise and sparse. [/FONT]

[FONT=&quot]Also my defence never had the straddling the lines in, but clearly the PCN shows this in the picture, do I now add this or still ignore the obvious? [/FONT]

[FONT=&quot]Anyway please see below and critique as req. [/FONT]

[FONT=&quot]I, XXXXX, of XXXXXXXX, will say as follows:

[/FONT]I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.
Attached to this statement is a paginated bundle of documents marked XX1, XX2 etc., to which I will refer.[FONT=&quot]

Before I describe what happened on the day I parked in the xxx car park, I confirm that the essence of my defence to this claim as laid out in my submitted defence, with the addition of supplementary defence XX1 as part of the witness statement. [/FONT]
The Claimant's signage is not clear, small and mounted in positions designed to make examination difficult.
The claimant is abusing the court process and has knowingly inflated its claim for an additional sum which it is not entitled to recover. [FONT=&quot]

[/FONT][FONT=&quot] 1. On 12/05/2018, I parked in the _________ car park, I parked in the spot as outlined in the picture on the parking charge ref number ……, XX2, as it can be clearly seen there was another car over the marked bay, not shown in the picture there was a number of vehicles outside the lines which left only 1 end bay and a partial bay free. Having my children with me I parked so as to allow safe ingress and egress from the vehicle. All available parent and child spaces were occupied.
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]2.The spaces in this car park regularly produce this condition as the size of the spaces are smaller than the British Parking Association guidelines, see XX2.1, XX2.2, and larger vehicles struggling to fit in the spaces produce a domino effect. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]3.We returned around 40minuets later, and left the car park. Parking is free for 3 hours in this car park. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]4. Around the 15/10/2018 I received in the post a Final Demand parking charge, XX3, this was the first correspondence with ES Parking, and the letter demanded £125, with payment required within 14 days. I responded to them with a letter stating the signage was unreadable, the terms and conditions are extremely small and printed on a reflective background, and as such deemed unreadable. Please see XX4.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]5. Further correspondence then ensued with Gladstone Solicitors, with the claim amount plus £60 additional charges, see XX5, this lead to legal proceedings and a further inflated charge as laid out in the claim form XX6.[/FONT]


6. Further research into the claimant and their associates; ES Parking Enforcement and Gladstones Solicitors, reveals they are pursuing claims like these on an industrial scale using intimidation tactics and threatening court action to force people in to paying charges they don’t necessarily lawfully owe. They have abused the courts, and threats of using the courts, as a cheap form of 'debt' collection and acquiring default CCJ's, in the knowledge and hope that many people would not have the determination to fight through the many threats.

7. The threats gave the impression that if I did not pay immediately then a CCJ was inevitable and that it would destroy my ability credit rating.

8. The fact that the claimants inflate their claims in the face of court action further increases the suggestion that they are reliant on individuals not defending themselves and abusing the courts in order to obtain default CCJs. In the recent claim F0DP201T, District Judge Taylor struck out the claim as it "is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover".[FONT=&quot]

9. The Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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


Signature of Defendant:
[/FONT]

KeithP

Why are the first four paragraphs still un-numbered?

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread tells us:

Your Witness Statement [...] must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows".

Para 3. typo... 40minuets

Redx

Add details of the Taylor judgements as Exhibits , also add the abuse of process by coupon mad as an exhibit , plus CRA 2015 etc and reference it/them

Add your Costs schedule as an exhibit and reference it

monkeynuts45

“ Your Witness Statement [...] must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows".

Will jig it around, and cheers for the typo,

Add details of the Taylor judgements as Exhibits , also add the abuse of process by coupon mad as an exhibit , plus CRA 2015 etc and reference it/them

That is on my supplimantary statement verbatum, the one from beemers post #14, but i will referance it in the WS too?

Add your Costs schedule as an exhibit and reference it

Will do