Pls Help - Court Claim Received / Horizon/Gladstones / Office car park

Coupon-mad

Read the thread by CEC16.

You've not been posting here since October, so unless you've been keeping up with the forum (I hope you have) you've perhaps missed reading what happened in a case in Southampton in November, that you can use in your own case (read the thread by CEC16 - it is VERY important you understand what else you can throw at this now!).

And you may have also missed that we always now tell people to file & serve their costs schedule in advance, along with their WS, supplementary WS about the added £60, and the case law and maybe photos, that you plan to use in evidence.

Play catch up for a day or two on the forum, then show us your planned exhibits and your narrative WS, your costs schedule and your supplementary WS by reading ANY other claim thread that is past WS stage recently, plus the thread by CEC16 (no link, go find him in the members' list).

Tinman45

hi Coupon mad

when you say “supplementary WS about the added £60” - can you please clarify? is this a separate doc i need to write up? was planning to highlight the added [£70] in the main WS so please again clarify what you are advising here and i’ll write it all up accordingly

i read the CEC16 case in Southampton last night, bit of a long read - again how and where would i add this in and the outcome?

is a “supplementary WS” just a numbered list of recent won cases and verdicts, that i will point under the judges nose?

Tinman45

hi all and Coupon-mad - here is my first attempt at the Witness Statement - i will work more on this tomorrow (plus my cost schedule and anything else you mentioned) and try to read up more on the recent Abuse of process cases (CEC16 Southamption case, beemaguy post) and i would still appreciate your advice on how best to add this info in and create the "Supplimental WS" as you mentioned. I got a good feeling now but i want to make sure im doing all right things and including everything i can from here on out. Appreciate your help!!

=================================================

IN THE COUNTY COURT AT xxxx
CLAIM No: xxxx

BETWEEN:

HORIZON PARKING LIMITED (Claimant)
-and-
xxxx (Defendant)
________________________________________
WITNESS STATEMENT
________________________________________


1. I am xxxx, of xxxx, the Defendant in this matter. I will say as follows:

2. When visiting [Company xx] Office at [Office address xx] I have been both a genuine and authorised visitor attending job interviews by appointment. The case should thus be dismissed under Promissory Estoppel alone.

3. When visiting the Company's office, I signed a visitor book. I was not asked to display any permit on my vehicle on any occasion.

4. I refer the Court to Exhibit 001 which is a photo of the Claimants signage – stating “Authorised vehicles and visitors only”. As I was an ‘authorised visitor’, with reference to the Particulars of Claim “parked in breach of the terms of parking stipulated on the signage (the ‘Contract’)” – I say no breach of contract occurred.

5. Since the dates of the Parking Charges Notices the building has been vacated by [Company xx]. I refer the Court to Exhibits 001-003 which are photos showing this. I have therefore been unable to get copies of the visitors’ book. However, to prove that my interview visits were legitimate I refer the Court to Exhibit 004 which is a copy of my subsequent Employment contract with [Company xx].

6. I refer the Court to Exhibits 005-007 which are photos of the carpark entrance. This shows that the carpark had no clear signage at its entrance in order to form a contract. I invite the Court to compare this with the Court of Appeal judgement by Lord Justice Moore-Bick on the ParkingEye -v- Beavis (2015) case which stated “Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Appropriate prominence should be given to terms which might operate disadvantageously to the customer.” And that “a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor”.

7. The signage in the vicinity was too far away to be read clearly and the font too small to reasonably accept any charges and understand and accept any terms and conditions to form a contract. I say this was a pitfall and put me at a disadvantage when using the car park.

8. There was no clear signage when driving up to the entrance before entering the car park. I refer the Court to Exhibit 008 which is a video showing the drivers view - and lack of adequate signage - when driving up to and entering the car park. I say the Claimant took advantage of my lack of familiarity of the terms of the carpark, my necessity as a visitor and indigence being a person trying to secure employment with [Company xx]. I therefore say no contract was either agreed or in place with the Claimant.

9. I hold the Claimant to strict proof that they have the required authority from the Landowner giving them the right to form contracts with drivers/keepers of vehicles using the car park and to make legal claims for alleged breaches of said contracts in their name.

10. The additional £70.00 charges per PCN have been added with no breakdown nor explanation other than a vague description of being “contractual costs pursuant to the Contract” as stated in the Particulars of Claim. These additional charges are nowhere to be found on the Claimants signage, which they say forms the details of the Contract and have come out of thin air. These charges are an abuse of process and an attempt at double recovery. They are also in breach of the Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) – which states that the maximum sum that may be recovered from the keeper is the amount stated on the Notice to Keeper - in this case £80.

11. I invite the Court to dismiss this claim in its entirety, to condemn the vexatious litigant conduct of the Claimant and their Solicitors and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe the facts contained in this witness statement are true.
________________________________________

Name: xxx

Signed:


Date:

=================================================

Redx

After Exhibit put your initials before the number , so ABC001 etc for now in your draft , put the correct ones into the final document before submission

Why ? Because a claimant might use the same name and numbering system as above , hence why you use your initials

Exhibit ABC011 should be your costs schedule as the exhibit for 11

10 should probably refer to the named and numbered exhibit that is the latest abuse of process , post #14 by coupon mad from that thread

Tinman45

thanks RedEx - yes i have named the actual files like this with my Int. and will do this in the final draft

also can you tell me where i can get the Beavis Sign pics as i have read to refer to this as an Exhibit? Lack of adequate signage at key entry point will be a primary defence i stand by

Redx

Google will provide Beavis sign pics

Don't forget to adapt 10 and 11

beamerguy

Make certain you highlight post #14 by coupon mad
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

They are not just scamming and abusing you, they are abusing the courts, not to mention the law

Coupon-mad

If you search the forum for supplementary you will find threads with worked examples.

And post #14 of the Abuse of Process thread is where they got their wording from, and the exhibits to append to it.

Tinman45

thanks Coupon / Beamer / RedX will work on this today

Admin question : how does one usually label-up photo exhibits and the rest - do i need to use some software or do people usually write the “Exhibit 001” on them with a sharpie?

is it good idea to put everything into a ring binded pack for the day and make 3 copies?

Le_Kirk

Tinman45 wrote: »

Admin question : how does one usually label-up photo exhibits and the rest - do i need to use some software or do people usually write the “Exhibit 001” on them with a sharpie?

is it good idea to put everything into a ring binded pack for the day and make 3 copies?

I would use photo editing software to add an exhibit No. to the photos but if not, then a white sticky label or, as you suggest, some sort of pen that will write on shiny surfaces. I have one called Write-4-All. Some felt tip pens will rub off! Sharpie should be fine.

Yes, it is a good idea to use a ring binder for the court and for yourself. You can just serve on the claimant by e-mail (if permitted) or just print and post.