Parking fine court hearing HELP!

Louiseex

I made an appeal to the county court for a private parking ticket to stop myself from getting a CCJ. I now have a court hearing for the 6th of September, my argument is that there was a sign above where I had parked which had been spray painted over. On the documents it states that you cannot park within 3-5 and named buildings. My car was parked at number 1 the building name is also not park of the restrictions as it is a council flat. Friends and numerous people in my building appealed their tickets and had them dropped. I done this with a number of tickets sending the picture of the default sign and stating they are obsolete, the dropped a number of them but couldn’t with this as they had already passed it on to GLADSTONES! I really just want some help/ advice on writing a witness statement. Also do I have to attend this hearing and will I need to get a lawyer??

Redx

try reading witness statements from other court case threads like the Didgeridoo thread, plus the replies by bargepole and Johnnersh in that thread

attendance in court is not mandatory but is preferable , in case the claimant brings stuff up, plus you can object to added costs etc

if you were not attending , you must tell the court about 2 or even 3 weeks prior , in writing

its not cost effective to employ a lawyer, it would cost you hundreds of pounds that you cannot claim back, more than this case if you lost

if you lose , pay up promptly , IN FULL, to expunge the CCJ asap, preferably on your way out of the court room, to the claimant

failure to pay within one month will lead to a 6 year CCJ

also read the newbies thread post #2

nobody here can write your WS because we are not witnesses to any of the events or facts

you can post your draft below , for critique

you need to do your WS , + EXHIBITS , plus COSTS SCHEDULE as well, so 3 ITEMS asap

KeithP

When is your Witness Statement due?

Often it is due 14 days before a hearing but occasionally earlier.

Louiseex

I’m unsure when it was/ is due as I haven’t received any letters as they are all going to an old address. I did put an updated address on the money claim online website which they obviously haven’t used.

KeithP

You know the date of the hearing.

Check again the Notice of Allocation that gave you the hearing date.
Did it not say something like...

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Redx

email data rectification notices to the DPO at the claimants and any legal eagles of the correct address, with proof

Louiseex

I emailed the court and they told me the date of the hearing and said they would send paperwork to my updated address. I’m going to call them to advise them of this and see if I can send a witness statement next week as obviously I haven’t done one as I haven’t even received the paperwork.

The_Deep

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Louiseex

I think it’s gone past the point of complaining to my MP, I have a hearing in two weeks.

The_Deep

It is never too late to give these scammers extra work.

Louiseex

I assert that I am not liable to the claimant for the sum claimed or any amount at all, for the following reasons:

(1) CLAIMANT DID NOT IDENTIFY THE DRIVER the identity of the driver of the vehicle of the date is question has not been ascertained.

The defendant is the registered keeper of the vehicle in question. This vehicle is used by more than one individual. The claim relates to an alleged debt arising from the driver “the driver of the vehicle registration YXXXXX incurred the parking charge(s)…”

The claimant did not comply with POFA 2012 and give the registered keeper the opportunity at any point, to identify the driver. A notice to keeper can be served by ordinary post and the Protection of Freedoms Act required that the Notice, to be valid, must be delivered no later than 14 days after the vehicle was parked. No ticket was left on the windscreen and no Notice to Keeper was sent within the 14 days required to comply with POFA 2012.

There is no presumption in law that the keeper was the driver and nor is a keeper obliged to name the driver to a private parking firm. This was confirmed in the POPLA Annual Report 2015 by the POPLA Lead Adjudicator and barrister, Henry Greenslade, when explaining the POFA 2012 principles of ‘keeper liability’ as set out in schedule 4. “However keeper information is obtained, there is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort”.

Therefor the defendant has no liability, as they are the keeper of the vehicle and they claimant must rely upon the strict provisions of the protection of Freedoms Act 2012 in order to hold the defendant responsible for the driver alleged breach.


(2) NO CLEAR SIGN WHERE PARKED.
The sign above where the defendant parked is marked over which therefore indicated it is obsolete and the parking control management is not applied in this area. the signs which are on a different building and are clear does not indicate it controls the whole area, as the parking sign states ‘Private land terms and conditions’ the address in where the defendant has parked is not private land and is actually a council owned building.

The claimant has claimed the defendant parked where parking was not permitted, there are no markings on the ground where the defendant was parked to indicate that parking was restricted in that area. How can the defendant be sure that the parking restrictions apply to that particular area when the sign above is obsolete and there is no markings on the floor to indicated parking is restricted.



(3) ADDRESS IS NOT PART OF THE CONTRACT

The contract which the claimant has attached to their witness statement states addresses of land which parking charge notice service to be provided. Addresses are xxxxxxxx House 3-5 XXXXXXX close. The defendant lives in XXXXX House 1 XXXXXXX close, the side in which the defendant is parked in 1 XXXXXX close BXXXXX House. Therefor the ticket which has been issued to begin with has been done so under false allegations.

The claimants claim that the defendant breached a contract are simply false as the defendant was not parked outside any of the named addresses on the contract and had the vehicle was in fact parked outside a council address to which is not owned or managed by PCN, the defendant therefor is not liable for any of the costs claimed.

(4) MERITLESS CLAIMS
The court is invited to take Judicial Notice of the fact that the claimant’s solicitors, Gladstones, is engaged in a course of conduct which involves issuing tens of thousands of totally meritless Claims, which are routinely dismissed by District Judges sitting in the Court, and other County Court hearing centres in all parts of England and Wales.


This is my witness statement so far..