HX / Gladstones Hearing today!

abz1000

Hi I'm in the process of doing the witness statement and have read through many other hx/gladstones ws. I have found a template but i'm so lost in terms of changing the template to suit my case because I don't understand the law terms so well.

Redx

Do the best you can and post the draft below , nobody expects war and peace to be perfect at first go !!

abz1000

Here is the defence:

17. The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to a date some time ago.  However, given that this is a small car park next to a train station and the event appears to involve a matter of mere minutes, the Defendant believes that on the material date, the vehicle was being used to drop off a passenger, not for parking.  A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with paragraph of Schedule 4 of the POFA.  The law regarding 'keeper liability' relates only to 'periods of parking' (i.e. when a vehicle is parked and left for a period of time) and only where there is 'adequate notice' of the terms and parking charge on signs.  It is the Defendant's honest belief that this Claimant uses remote camera images of moving traffic to suggest a contravention occurred where none existed.  The Claimant is put to strict proof that a 'period of parking' occurred, because this is denied.    

18.    The location is something of a trap, particularly for people driving in briefly to pick up or set down a passenger, and it is believed this is what occurred that night.  There is nothing legible or lit that tells a driver that this is a managed 'car park' and the set up as viewed in the dark would certainly fail Lord Denning's 'red hand rule' and the Consumer Rights Act 2015 in terms of the legal requirement for clarity and prominence of terms.   The pay & display machine is hidden around a dark corner with no arrows pointing to it, there are no marked bays whatsoever and lighting at the location is very poor.   It is the Defendant's case that a driver this car was collecting or dropping a passenger off at what appeared to be open, unrestricted land beside the station and had no fair opportunity to learn of the onerous terms by which the registered keeper will later be bound.  No contract was agreed, there was no adequate notice of the parking charge and the requirements of the POFA were not met.

abz1000

The amount they are trying to claim is £242.62
£100.00 for the PCN
£60.00 Contractual charges
£25.00 Court fee
£50.00 Legal rep fee

Le_Kirk

I note you are using the old template defence.  @Coupon-mad has changed it to make it so much easier.  Use this link: -
26 February at 4:37PM <<<<<<<<<<<<<< LINK edited 23 October at 6:16PM

abz1000

What Happened:
Was a dropping a friend off at the train station after football training one night. Small train station, looking for a place to drop them off and there is open area which looks like a car park directly next to the train tracks (See photos I posted for evidence). Now bare in mind there is another station nearby maybe 4-5 minute drive away that is bigger that has completely free parking there so because it's a smaller station and same area makes sense to be the same right? Waiting in the carpark for 21 minutes and then left. Now the reason for going into the car park did not look like it was being monitored at all. There was very poor lighting only the lights from the station tracks. The station news board and wheelchair ramp pathway are accessed directly by the carpark. (See photos for evidence).

In the ANPR pictures they provided it proves the poor lighting as you can only make out the number plates barely even the shape of the car. On the pictures of evidence I provided you can only see lighting clearly from the train station and none from the car park. The pictures I provided also clearly show how this can be a trap since.

After doing some more hunting online I actually got a picture from google maps view and back in JUL 2018 when the google maps picture was taken there was a pay and display sign. Now back in SEP 2019 when the incident happens this sign was not their as you can once again from the evidence I provided. I will post the google maps screenshot and also the image I took months after the incident. There is however a new green which was noticed on the night and as you can imagine at night-time in the rain was not visible especially if entering the car park and the sign placement being on the passenger side if you enter the car park.

Another thing they provided me with in their witness statement is a map key which is a google maps satelite of the car park and they have pointed out where each sign, camera, notice board etc is. Now on my pictures and clearly on the google maps you can see the pay and display machine is not where they labelled it as and also they labelled an hotel entry sign which was not their on the night of the incident nor in the photo evidence.

In their witness statement they also mentioned the fact that my defence is 'heavily circulated on the internet and is copy and paste'

abz1000

Le_Kirk said:

I note you are using the old template defence.  @Coupon-mad has changed it to make it so much easier.  Use this link: -
26 February at 4:37PM <<<<<<<<<<<<<< LINK edited 23 October at 6:16PM

my defence was already submitted, I was just making it easy for anyone helping out to keep up with the whole case.

abz1000

abz1000 said:

What Happened:
Was a dropping a friend off at the train station after football training one night. Small train station, looking for a place to drop them off and there is open area which looks like a car park directly next to the train tracks (See photos I posted for evidence). Now bare in mind there is another station nearby maybe 4-5 minute drive away that is bigger that has completely free parking there so because it's a smaller station and same area makes sense to be the same right? Waiting in the carpark for 21 minutes and then left. Now the reason for going into the car park did not look like it was being monitored at all. There was very poor lighting only the lights from the station tracks. The station news board and wheelchair ramp pathway are accessed directly by the carpark. (See photos for evidence).

In the ANPR pictures they provided it proves the poor lighting as you can only make out the number plates barely even the shape of the car. On the pictures of evidence I provided you can only see lighting clearly from the train station and none from the car park. The pictures I provided also clearly show how this can be a trap since.

After doing some more hunting online I actually got a picture from google maps view and back in JUL 2018 when the google maps picture was taken there was a pay and display sign. Now back in SEP 2019 when the incident happens this sign was not their as you can once again from the evidence I provided. I will post the google maps screenshot and also the image I took months after the incident. There is however a new green which was noticed on the night and as you can imagine at night-time in the rain was not visible especially if entering the car park and the sign placement being on the passenger side if you enter the car park.

Another thing they provided me with in their witness statement is a map key which is a google maps satelite of the car park and they have pointed out where each sign, camera, notice board etc is. Now on my pictures and clearly on the google maps you can see the pay and display machine is not where they labelled it as and also they labelled an hotel entry sign which was not their on the night of the incident nor in the photo evidence.

In their witness statement they also mentioned the fact that my defence is 'heavily circulated on the internet and is copy and paste'

abz1000

I don't know if these facts are relevant but I guess they would helpful to know.
1. I don't own the car anymore, sold it back in august.
2. I don't live anywhere near that area anymore, moved in July.

Le_Kirk

1) Not relevant
2) Have you kept everyone (DVLA ,claimant and court) up to date with your new address?