Horizon parking court claim

winner1111

The footage is shot from the front seat of a vehicle entering said car park through the entrance mentioned in the evidence. Therefore, would a selection of screenshots suffice? This would be far easier to email over and I could get the same point across this way.

winner1111

On Friday 21st February Gladstones called us and since we didn't answer they left a voicemail. It said "Good afternoon, a call from Gladstones Solicitors in relation to a parking charge, (unclear babble), if you can give us a quick call back, thank you." Now, we don't plan on calling them back but do you have any idea why they would be calling? They haven't tried again at the time of writing. Thanks.

nosferatu1001

To try to 
- scare you into paying
- scare yo into paying, but at a discount
- who knows. 

winner1111

Just to get things in order before the hearing I wish to clarify a number of things.
1. I am lay-repping for the defendant and so I'd like to file a Case Summary/Skeleton Argument to reduce what I may need to say in court. It is advised to file this a few days before the hearing, so does this mean the defendant needs to hand in/post this to the court office?
2. The defendant will need to complete an N265 as found here: https://www.moneyclaimsuk.co.uk/PDFForms/N265.pdf and also file this to the court office with the WS at least 14 days before the hearing? 
3. Can the Skeleton Argument, N265 and WS be filed together?

Coupon-mad

You don't fill that form in, if that was the case then the NEWBIES thread would tell you!
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

Scope of this Part

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

Include with the Defendant's WS, the last 6 pages (the approved judgment) of the Britannia v Crosby Southampton case as an exhibit - see my thread today with it linked for everyone to use in evidence to save lots of words about the false added £60 'costs'.

Personally I rarely do any skeleton argument.  If the D's WS has everything in it, there is no need to bombard the court with more pages, IMHO.  You can do your own crib sheet to take on the day (bullet points of the main arguments) but I don't recommend throwing more pages than is necessary at the Judge, which might annoy them rather than assist.

winner1111

Thank you Coupon-mad, since I have to file all the documents to be used in court to Horizon also, should this be done by recorded mail? I don't want them to be able to say they didn't receive it. And to clarify, I don't send them to Sadstones but the Claimant itself, Horizon?

nosferatu1001

No, because the newbies thread does not state to use recorded mail
No, you send to the soliciitors. Same as you would expect had YOU hired people to work on your behalf!

Coupon-mad

Of course no-one here uses recorded delivery or Special Delivery expecting a signature from scammers!  The opposite can happen, they refuse to sign and it sits at the PO, and you are left with proof of NON delivery!

winner1111

So below is a first draft of the WS. Any comments, additions, redactions etc please do feel free to let me know, thank you! Please excuse format: I'm on a Mac and will ensure proper format is used when sending. The deadline for documents to be filed is this coming Monday so I will need to post tomorrow.

In the County Court at Birmingham

Claim No. xxxxx

Between

HORIZON PARKING LIMITED (Claimant)

and

(Defendant)

Witness Statement

I am the Defendant in this matter, of xxxx. I am being lay-represented, 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.

1. On 6th September 2017, I visited Stratford-upon-Avon with friends. As per previous visits, the vehicle that I was the keeper of, registration No. xxxx, was parked at the ……….. ………. car park. The car was parked on the material date as had been done many times previously. We typically spent at least a half day parked there on each occasion and have not once received a PCN before this one. In fact, I was not aware that the car park was being managed.

2.  There’s no distinctive signage for drivers to see upon entry to the car park indicating a parking time limit or restriction as Exhibit A (this is video footage), Exhibit B and Exhibit C.

3. Upon initial receipt of a parking charge notice from the Claimant via mail, I assumed that the ticket issuer had no legitimacy of issuing parking charge notices. The parking charge notice was therefore ignored.

4. Horizon Parking Limited are not the lawful occupier of the land. I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no rights to bring action regarding this claim.

5. It is my position that the Claimant has no standing, or cause of action, to litigate in this matter.

6. The Claimant is attempting to claim £172.27, a figure far higher that the initial £80 demanded.

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.

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

winner1111

Here is my Summary Assessment of Costs-again, any comments please let me know.

Summary Assessment of Costs - Claim number here

Ordinary Costs:

One half day loss of earnings for attending hearing - £50

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g):

a. Reading Letter before Claim and N1 claim documents for claim - 2 hours

Replying to LBC - 1 hour

Researching how to respond to county court claims - 3 hours

Writing defence and submitting it and Directions questionnaire - 2 hours

Preparing Defendant's own witness statement and evidence - 2 hours

b. Stationary, copying and printing - £15.00

£255 TOTAL COSTS CLAIMED