Parking fine gladstone solicitors

Redx

If a driver based statement is better for your defence , do so

The only reason to not name the driver is to hide behind POFA , no keeper liability

Bear in mind that if the claimant or a judge asks you in court , do not lie , so even an evasive answer is taken as an admission of being the driver on the balance of probabilities

Only you can decide which stance you are taking

POFA and no keeper liability , or a driver witness who knows the facts first hand and was present on the day so can divulge the details

Coupon-mad

To find a decent example of the THREE statements to send to the court and claimant's solicitor (with all your evidence too), search the forum for supplementary

Dan_Barns

BETWEEN:
HORIZON PARKING LIMITED (Claimant)
and (Defendant)
_______________________________________
Witness Statement
________________________________________

1. I am .... the defendant in this matter. I am an unrepresented consumer who has never attended the county court before.

3. On ... I visited a family friend, and parked my vehicle registration no ….. on ….. Having seen no signs upon entrance I parked on what looked like a public road with no yellow lines and parking next to other cars.

4. The signage within this road does not form a contract. There is no clear entrance sign (Exhibit 1), signage inside the road is written with small text making it extremely difficult to notice and read. The parking charge is hidden within the small print. Furthermore, there are no readable signs that are in view of the person driving. (Exhibit 2). It is clearly incumbent on the claimant, if it accuses driver of improper parking, to install and maintain clear signage especially upon entrance to the site, not just the underground car park to which the car was not parked in. There are no parking bays or road markings of any sort on this road (Exhibit 1) therefore no distinguish between where you can or cannot park. My car was not blocking any car from moving along it or causing any disruption whatsoever.
5. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100. This is a clear abuse of process to issue a knowingly inflated claim which it is not entitled to recover. I would also like to point out that the claimant has invoiced me with 2 PCN’s within hours of each other and have produced no evidence of the car being parked on Stewart Place on the 16/03/2018 as stated on the letter (Exhibit 3). This is more than double recovery.

5. I am no more liable now than I was then, but this unwarranted harassment and baseless litigation has caused me significant alarm and distress, hoping that I would pay this absurd amount of money. I intend to report HORIZON PARKING LIMITED to the Information Commissioner for misuse of my data, obtained from the DVLA.

6. The claimant may try to rely upon ParkingEye Ltd v Beavis, yet the Defendant would like to point out that the signage provided in that case was adequate therefore Parking Eye Ltd v Beavis case does not apply.

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



Can anyone think of anything to add or remove from this?

Coupon-mad

Where is your supplementary WS like I told you to search & copy?

And your costs schedule.

Le_Kirk

3. On ... I visited a family friend, and parked my vehicle registration no ….. on ….. Having seen no signs upon entrance I parked on what looked like a public road with no yellow lines and parking next to other cars.

4. The signage within this road does not form a contract.

The signage that you didn't see! Maybe better to state "upon making further visit on foot in order to research, I discovered......"

not just the underground car park to which the car was not parked in.

Maybe better as: -

not just the underground car park, [strike]to[/strike] in which the car was not parked[strike] in[/strike].

Dan_Barns

Okay my court date is soon and have prepared a lot and know the main points I am making.
The claimant sent me a letter offering a reduced setllement, im assuming this is a good thing? I certainly wont be taking it.
Any last min advice from anyone?

KeithP

Please read again post #55 above.

Dan_Barns

Thanks for replying,
What do you mean by my costs schedule?

Le_Kirk

You will have incurred costs, printing, postage etc. but also you have to attend court and (presumably) have a day off work for which you will not be paid. Plus travel to court and pay for parking outside court! Revisit the NEWBIE sticky post # 2 for all info relating to this question.

Dan_Barns

No worries thanks for that.

In terms of what I start off with in court. will the judge just ask me to speak and I lay out all my points? and then answer any questions?