Gladstones - Court Defence Review

Le_Kirk

Jhottt wrote: »

The above text already makes reference to the three paragraphs of the brevis case. Are you saying I need to attach the full brevis case as evidence also?

You might want to refer to/search for the BEAVIS case............. and no you just use the sections of it already pointed out in Coupon-mad's comments.

Coupon-mad

IIRC the IPC doesn't specify a timed grace period?

It did last time I looked - but that's your job this time!

So, I simply copy and paste all the content in #14 that starts with "The purported added costs...."? And use this as a supplementary WS (Not entirely sure what a supplementary WS is?)

Yes. And the word 'supplementary' tells you what it is!

The above text already makes reference to the three paragraphs of the Beavis case. Are you saying I need to attach the full Beavis case as evidence also?

Absolutely NOT the full Beavis case, no it's huge! But I'd take x 3 copies of a page with those quotes on, to hand out in court, with the phrase from each para highlighted where it says that the parking charge covers the costs of the operation and a profit.

The point is to focus your Judge's mind in seeing that the Supreme Court said this no less than three times, therefore that is how a 'parking charge' is constructed. So, a PPC can't then ask for those 'costs of the operation' again!

Jhottt

Yeah this is the IPC cop:

15. Grace Periods

15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired.

I'll make the changes based on the above cheers!

Jhottt

Apologies for the obvious question.

How do I label my evidence, specifically the references to certain documents (Beavis case etc.) as these are just paragraphs of text? Do I put a page beforehand explaining?

KeithP

Have a look at the Witness Statement examples linked from post #2 of the NEWBIES thread.

Those examples show a few different ways of achieving that objective.

Coupon-mad

Jhottt wrote: »

Apologies for the obvious question.

How do I label my evidence, specifically the references to certain documents (Beavis case etc.) as these are just paragraphs of text? Do I put a page beforehand explaining?

So, put the Beavis case quotes on one document, copy and paste them and give that PAGE an exhibit number. You can then refer to that exhibit number, in your WS.

Jhottt

All done and dusted will be posting the bundles tonight.

Interestingly, Gladstones paid the court fee the day before the expiration.

I'll report back after the 17th (unless any questions pop up)

Thanks again all!

Jhottt

Hi all,

So, I've reviewed Gladstones "witness statement" which just appears to be their original defence with some added points on top.

Could you have a look and suggest any points before the court date.

https://imgur.com/a/gxouzoN

Thanks again!

Jhottt

Any further guidance anyone can provide in response to their WS or the day itself.

Thanks

Jhottt

I've viewed forums from ~2007 (I think) and they mention Rights of audience - is this still a valid question to be putting forward in these cases with Gladstones?

Is there any further details around the following:

- Evidence proving that grace periods always apply - they state "...he made use of the facilities and therefore the grace period does not apply"

- Points 24 relate to their inflated costs - £60 for ..'charge becoming overdue'
- Point 27 relate to their inflated costs - additional solicitor/legal costs
- Point 28 claiming '..as such asks that this element of the claim be awarded as damage'

I feel i've covered these topics in my original defence? But should I be doing anything else to reiterate the nonsense WS?