ANOTHER Euro Parking / Gladstones bites the dust - Not parked in (non-existent) marked bay or space

1505grandad

Small typo para 3 - "parking chaRge"

Just a thought - in view of OP stating:-

"In February 2018 I parked on a gravel car park that occupied a vacant bit of wasteland in an industrial city centre. It had no marked bays."

should the usual bargepole defence points:-

" The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation."

and the signage:-

"Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract."

Le_Kirk

You are right!

brummie108

Hi all,

Finally received a Directions Questionnaire from the court, have filled in per the very useful guidance located here on this forum (I cannot post links it seems so cannot direct to said page).

1) I presume I simply photocopy the copy provided in order to acquire the three copies required to keep one, send one to the court, and one to the Claimant?
2) When posting to both the court and also the claimant, does standard post suffice? Or is it best to send recorded delivery?
3) Does one send to the actual Claimant (Euro Parking Services), or Gladstones?

Many thanks again!

KeithP

1) Yes. You keep the original signed one and send out the copies.

2) Return your completed DQ to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory on that by re-reading post #9 above.

2) if using Royal Mail, do not use any service that requires a signature. If the intended recipient refuses to sign, all you have then is proof of non-delivery. Not quite what you want. Send it standard First Class Post getting a free Certificate of Posting from the Post Office counter. It is deemed delivered two working days later.

3) Send a copy to the Claimant - address on your Claim Form - in the box Address for sending documents.

brummie108

Hi all,
After being postponed due to Covid, this hearing is now rescheduled and taking place on Tuesday 24th Nov.
My deadline to send in my final papers is Tuesday 17th, they're now only requesting them 7 days in advance rather than 14, presumably due to them now being virtual/by telephone.

I have completed my bundle, with witness statements and exhibits, and created a redacted version. 
Would any of you wonderful experts, who have helped me get to the position of preparedness that I am in now, be able to take a glance at my documents to ensure they're in the best shape they can be to help defeat these cowboys?

If anyone is kind enough to offer, let me know and I'll upload/email over my redacted bundle.
Thanks!

Le_Kirk

If you had a previous date - even if it was subsequently postponed - you would have had a date for submission of documents.  did you submit any documents complying with the order?  If so, you cannot change them.  Of course, just post your defence and WS on here.

brummie108

Le_Kirk said:

If you had a previous date - even if it was subsequently postponed - you would have had a date for submission of documents.  did you submit any documents complying with the order?  If so, you cannot change them.  Of course, just post your defence and WS on here.

The previous date was 22nd May, and the postponement letter came 4 weeks in advance of this, 2 weeks in advance of the deadline  for submission of documents, and said that the case had been vacated.

The notice of restored hearing says I have have to submit all copies of documents upon which I rely, in a page-numbered bundle, 7 days in advance of the new date.

No where on the 'case has been vacated' document did it say that the 14-days-in-advance-of-original-now-vacated-date deadline for submission of documents still stood. How on earth can that be the policy?!

I submitted my defence complying with the much earlier order - but no WS and bundled pack of exhibits has been provided as of yet no.

Coupon-mad

No where on the 'case has been vacated' document did it say that the 14-days-in-advance-of-original-now-vacated-date deadline for submission of documents still stood. How on earth can that be the policy?!

It is...but did the other side send their WS in time?

brummie108

The other side sent theirs in a very long time before the deadline, before the notice of the case being vacated (4 weeks before the original date) was issued.

Does this now mean I cannot use or rely on anything in my Witness Statement, as it was not submitted by the original deadline?

If this indeed the case, it seems grossly unfair. The wording of the original letter said '14 days before the hearing'. The hearing was then vacated. The original deadline was therefore no longer '14 days before the hearing'.

The new letter from the court expressly says 'No later than 7 days before the hearing, the parties must send to each other and the court copies of all documents upon they want to rely, the copies should be in a bundle with the pages numbered'. Nothing at all about any previous, now vacated hearings or deadlines.

(Appreciate the help, I'm of course not irate at anyone on this forum, just at what is a bear trap if this indeed turns out to be true when I call the court to confirm when they reopen on Monday morning).

nosferatu1001

You didn't tell us the order for vacation came before the deadlne

To my understanding once the hearing was vacated there was no hearing date any longer, so you should comply with this new order
Just get it in by 7 days before. 

In all that time you could have  shown us their bundle - especially the landowner contract,  UNREDACTED. Only redact your own personal details. Nothing else. We mean nothing else. Leave exactly as sent to you.