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Claim Form - UK Car Park Management/Gladstone

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 March 2020 at 8:16PM
    Please email the SRA a quick complaint, showing them your WS from Gladstones with the facsimile Jack Chapman signature, and point out any errors, like if they've copied & pasted  WS and left you showing as 'him' and 'her' in various places, or other mistakes a true witness would not make.

    Do this this week - it is important as you might make a difference to the SRA decision!  Copy of the format from other 2019 pre-Xmas complaints that show what to put in the headings, and who to email, and what to say.

    Your main points for prep for your hearing, will be the WS arrived and was posted provably late, and you've made a SRA complaint about the false facsimile signatures used by Gladstones, and you are not even sure that Jack Chapman exists and this is currently being investigated as part of a group complaint the SRA have flagged to come back on, this month.  Then the added £60, and your facts about the signs, landowner authority et al.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Great thanks,
    In prep for the court hearing do I need to send anything to the court or the claimant prior?
    I see in other threads, Skeleton Arguments, do I have a deadline to send these or just take them with me on the day?
  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Hi All
    I have had a good read through the witness statment from gladstones. 

    They seem to have tried to argument all of our points and also put case laws to counter each of them so im not too sure how to go about the skeleton argument without risking loosing the case? 
    Shall i upload so you can all have a look? 
    After readin their witness statement I am not confident the judge would rule in my favour 

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Skeleton is not required and frankly, in SCCT should be a simple bullet point list. No need to file anything. Its an aide memoir for you 
    Are you really sure thyve countered them? They use completely tangential cases and often misinterpret them to suit their own ends. Almost certainly theyve been coveredd TO DEATH on here - have you checked? 
    Have you looked through for the obvious copuy and pastes? The massive numbers of assumptions?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    richiew2k said:
    Hi All
    I have had a good read through the witness statment from gladstones. 

    They seem to have tried to argument all of our points and also put case laws to counter each of them so im not too sure how to go about the skeleton argument without risking loosing the case? 
    Shall i upload so you can all have a look? 
    After readin their witness statement I am not confident the judge would rule in my favour 

    It is normal for them to use other cases to define their case.   BUT .... you have the most up to date cases which actually involves Gladstones being spanked by the courts ....... use them

    Gladstones told by Judge .... added £60 NOT LAWFUL
    https://forums.moneysavingexpert.com/discussion/comment/76692888#Comment_76692888"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261" title="Link: https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261">https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/76533511#Comment_76533511" title="Link: https://forums.moneysavingexpert.com/discussion/comment/76533511#Comment_76533511">https://forums.moneysavingexpert.com/discussion/comment/76533511#Comment_76533511
  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Please email the SRA a quick complaint, showing them your WS from Gladstones with the facsimile Jack Chapman signature, and point out any errors, like if they've copied & pasted  WS and left you showing as 'him' and 'her' in various places, or other mistakes a true witness would not make.

    Do this this week - it is important as you might make a difference to the SRA decision!  Copy of the format from other 2019 pre-Xmas complaints that show what to put in the headings, and who to email, and what to say.

    Your main points for prep for your hearing, will be the WS arrived and was posted provably late, and you;ve made a SRA complaint about the false facsimile signatures used by Gladstones, and you are not even sure that Jack Chapman exists and this is currently being investigated as part of a group complaint the SRA have flagged to come back on, this month.  Then the added £0, and your facts about the signs, landowner authority et al.
    Hi
    I cant find any references in the ws which state he, she, his or her
  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Here is the witness statement from Jack Chapman, scanned -WITNESS STATEMENT OF Jack Chapman

     

    l, Jack Chapman, OF Ground Floor, 19 New Road, BNI II-JF WILL SAY AS FOLLOWS:

    1. I am the Employee of the Claimant Company ('my Company') and I am duly authorised to

    make this statement on its behalf. The facts and matters set out in this statement are

    within my own knowledge unless otherwise stated and I believe them to be true. Where I

    refer to information supplied by others, the source of the information is identified; facts

    and matters derived from other sources are true to the best of my knowledge and belief.

     

    2. Exhibited to this Witness Statement at 'GSLI' are the following documents which my

    Company wishes to rely upon;

    i) The Agreement authorising my Company to manage parking on the relevant land

    (as described therein and hereinafter referred to as 'the Relevant Land');

    ii) The Sign ('the Contract');

    iii) The Site Plan;

    iv) Notices;

    v) Photographs of the incident.

     

    3. The Defendant is liable for a parking charge relating to the parking of a vehicle on the

    Relevant Land in a manner so as to incur the same pursuant to the Contract (i.e. the

    Sign). Set out in the Schedule below are details of the parking charge;

     

    Location

    4. My Company provides bespoke parking operator services to the private sector. The

    services that we provide cover the management, enforcement and maintenance of

    privately owned or managed car parks and the enforcement of vehicles parked on private

    land.

    5. My Company is a member of an accredited trade association, the Intemational Parking

    Community ('the IPC') and conforms to the strict code of practice for Private Parking

    Operators which that association imposes on its members. In addition, in accordance

    with data protection and security my Company are approved to apply the DVLA

    electronic link.

    6. My Company became instructed to manage the Relevant Land on 30 November 2017.

    The Contract

    7. My Company relies on the case of ParkingEye v Beavis 2015. In that case, it was

    accepted as an established principle that a valid contract can be made by an offer in the

    form of the terms and conditions set out on the sign and accepted by the driver's actions

    as prescribed therein.

    8. The Court may conclude that the Relevant Land is managed as follows; the Claimant

    grants a contractual license to all; this license allows anyone permission io be on the Relevant Land. This is inferred by the nature of the land and the lack of any general

    prohibition of entry on the signage. In this regard, the Defendant (as were all the

    motorists) was offered to comply with the normal conditions (as clear on the sign), or park

    otheMise than in accordance with the normal conditions and incur a EIOO charge. The

    acceptance was at the point the Defendant decided to park, having read the sign, and his

    consideration was the promise to pay €100 for the privilege of parking outside the normal

    conditions. The Claimant's consideration is the provision of parking services.

    9. The signage at the site is clearly visible and the information on the signage informs the

    driver of the parking conditions at the location. Signage is prominent throughout the

    parking area. Signage location, size, content and font has been audited and approved by

    the IPC. It is the driver's responsibility, to check for signage, check the legality and obtain

    any authorisation for parking before leaving their vehicle. The signage on site is the

    contractual document.

     

    10.My Company's sign conveyed the following relevant contractual license for use of the

    Relevant Land to the Defendant:

    "PA Y & DISPLAY ... Have you paid and displayed? Vehicles must display a valid PA Y &

    DISPLAY TICKET or VALID PERMIT in the front windscreen at all times and park wholly

    within a marked bay. No HGV's, Caravans, Motorhomes or Trailers. If unsure please

    seek further advice from CPM or refrain from parking"

     

    11. The photographic evidence exhibited to this Witness Statement shows the Defendant's

    vehicle of registration mark LDII CFV (the 'Vehicle') parked on the Relevant Land whilst

    failing to display either a valid pay and display ticket or a valid permit. Owing to the

    driver's performance of parking in breach of the contractual license for use of the

    Relevant Land, therefore accepting my Companys charge pursuant to the signs.

     

    The Defence

    12. To assist the Court, my Company has below responded to the points raised in the

    Defendant's Defence in turn and used subheadings to structure my Company's

    submissions in respect thereof.

     

    Third party aqreement

    13. The Defendant suggests an agreement exists between the driver and their employer

    which allows the Defendant to park on the Relevant Land, however my Company notes

    the Defendant has failed to substantiate this position. My Company confirms an

    exemption list does not exist for the Relevant Land and that if a motorist were to be

    granted authorisation to park without paying the applicable tariff, this would be shown by

    way of a valid permit being present in that vehicle's windscreen pursuant to the signs.

    Even if the driver was a person who may make use of and display a permit, ultimately on

    the material date, a permit was not displayed and therefore the driver accepted my

    Company's charge for parking.

     

    14. My Company further submits that owing to the signs changing on the Relevant Land, the

    driver either was, or ought to have been aware the management scheme had changed.

    My Companys signs invite motorists who are unsure of the terms to make contact with it

    should they not understand whether the license is applicable to them. This avenue was

    not explored by the driver on the date in question.

     

    No contract as no consideration

    15.Whilst the Defendant avers the contract formed between my Company and the driver

    does not contain consideration, my Company relies upon the Judgment of the appeal of

    Vehicle Control Services Ltd and Nick Idle and Vehicle Control Services and Damen Ward (the VCS case'), where Judge Saffman found at paragraph 55 the following;

     

    . it seems to me to be equally clear that there is consideration. The consideration is the

    license to use these private roads, In the same way as the consideration in Beavis was

    the licence to park the car. I note that in the Court of Appeal and Supreme Court it was

    not in doubt that there was a contract between ParklngEye and Mr Beavis."

     

    16. It is my Company's view the consideration was the license to park the vehicle on the land my Company had been instructed to manage on behalf of the landowner. The right or

    ability for the driver to park flowed from the landowner and not the driver's employer;

    therefore, the value offered by my Company was the continued use of the right previously

    enjoyed. Therefore, the driver was required to display a permit or else accept my

    Company's charge and therefore, as in the VCS and Beavis Case, a contract was

    correctly formed between the driver and my Company.

     

    17.As a result of the above, my Company denies the Defendant's assertion it does not have

    a legitimate interest. My Companys legitimate interest is to manage the car park in

    accordance with its contract with its client — i.e. to issue parking charges to those

    vehicles failing to display either a valid permit or pay and display ticket.

     

    No authority to enforce charqes

    18.As the contract is between my Company and the Defendant, my Company does have the

    authority to enforce parking charges. However, both VCS v HM Revenue & Customs

    (2013) and Parking Eye v Beavis (CA 2015) made it clear that a contracting party need

    not show they have a right to do what they have promised in the performance of a

    contract, nor is (in the case of a parking operator) the agreement between Operator and

    Landowner of any relevance. In any event, and without concession, the Agreement

    exhibited to this Witness Statement evidences my Company's authorisation to operate I

    manage the Relevant Land on behalf of the Landowner.

     

    19.Lord Justice Lewison commented in VCS v HM Revenue & Customs (2013) EWCA Civ

    186

    "The Upper Tribunal's reasoning on this part of the caso was that sinco VCS did not have

    the right under its contract with the car park owner to grant a licence to park, it could not

    have contracted with the motorist to grant such a right. In my judgment there is a serious

    flaw in this reasoning.

    The flaw in the reasoning is that it confuses the making of a contract with the power to

    perform it. There is no legal impediment to my contracting to sell you Buckingham

    Palace. If (inevitably) I fail to honour my contract then I can be sued for damages. On the

    stock market it is commonplace for traders to sell short; in other words to sell shares that

    they do not own in the hope of buying them later at a lower price. In order to perform the

    contract the trader will have to acquire the required number of shares after the contract of

    sale is made. Moreover, in some cases a contracting party may not only be able to

    contract to confer rights over property that he does not own, but may also be able to

    perform the contract without acquiring any such right. Thus in Bruton v London and

    Quadrant Housing Trust [200011 AC 406 a housing trust with no interest in land was held

  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper

    to have validly granted a tenancy of the land to a residential occupier. The tenancy would

    not have been binding on the landowner, but bound the two contracting parties in

    precisely the same way as It would have done If the grantor had had an interest in the

    land. Thus In my Judgment the Upper Tribunal were wrong to reverse the decision of the FTT on the question whether VCS had the power to enter Into a contract. Having the power to enter into a contract does not, of course, mean that VCS necessarily did enter into a

    contract with the motorist to permit parklng

     

    Particulars of Claim

    20. The Defendant avers my Company's Particulars of Claim are deficient, however despite

    this my Company notes the Defendant has been able to produce a substantive Defence.

    In this regard, my Company believes the Defendant has not suffered any prejudice.

     

    21.My Company would like to draw to the Court's attention the Irish case of Allied Irish

    Banks Plc v Pierce (2015) as a persuasive authority in that the Court found that a

    deficiency in the Particulars of Claim would not bring the case to an end and the Court

    would consider all of the correspondence exchanged in working out the nature of the

    claim.

     

    22. Notwithstanding the above, the Claim is issued via the County Court Business Centre

    which is a procedure specifically provided for in the Civil Procedure Rules. This only

    allows the Claimant to insert brief details of the Claim. In any event, my Company

    confirms that the Particulars of Claim contained sufficient information for the Defendant to

    be aware of what the claim relates to; namely:-

    The date of the charges;

    The amount outstanding;

    That is relates to parking charges; and

    That it is debt.

     

    23. Further, prior to proceedings being issued the Defendant was sent notices in accordance

    with the Act and a Letter Before Claim. As such. the Defendant would have been aware

    of the charges which are the subject of this claim.

     

    24.Notwithstanding the above, I refer to paragraph 5.2A of Practice Direction 7E which

    states that:

    "the requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached

    to the particulars of contract claims does not apply to claims started using an online claim

    fom"

     

    Sums added to the charqe

     

    25. My Company denies the assertion it is seeking more than EIOO for the parking charge.

     

    26.My Company seeks its legal costs which are recoverable pursuant to CPR 27 and CPR

    45. In this regard, my Company relies upon CPR 27.14 (2)(a)(i) and CPR 27.14 (c).

     

    27.My Company confirms where it seeks recovery of legal costs, it relies on CPR 45.2 (1)

    (a) and (b), as these rules allow for the appropriate fixed costs on commencement of a

    claim for the recovery of money or goods in accordance with Table 1 to be sought. As

    E50 is identified as a recoverable sum within Table I as a recoverable sum and therefore

    does not require substantiation; as it is provided for in the CPR.

    28. My Company's Court fees in respect of this matter are 225 on Issuance of the Claim and

    E25 for the hearing fee. These costs are therefore recoverable pursuant to CPR 27.14

    (c).

     

    29. My Company is further able to seek recovery of interest of the Claim amount at a rate of

    8% pursuant to S.69 of the County Courts Act 1984 or at such a rate as the Court deems

    suitable.

     

    The Current Debt

    30. In view of the Defendant not paying the charge within the 28 days allowed they are in

    breach of the contract. Breach of contract entitles the innocent party to damages as of

    right in addition to the parking charge incurred.

    31.My Company is an Accredited Operator of the International Parking Community (IPC)

    who prescribes a maximum charge of RI 00. The Code of Practice states:

    "Parking charges must not exceed EIOO unless agreed in advance with the IPC. Where

    there is a prospect of additional charges, reference should be made to this where

    appropriate on the signage and/ or other documentation.

    Where a parking charge becomes overdue a reasonable sum may be added. This sum

    must not exceed E60 (inclusive of VAT where applicable) unless Court Proceedings have

    been initiated. "

     

    32. In view of the Defendant not paying the charge within the initial 28 days allowed or the

    further 28 days allowed after the Notice to Keeper has been sent, the parking charge has

    become overdue and a reasonable sum of E60 has been added.

    33. The Sign states the prescribed charge for failing to comply with the terms is EIOO,

    however it also specifies "Non-payment will result in additional charges which will be added to the value of the charge and for which the driver will be liable on an Indemnity

    basis". Further. the Letter Before Claim also made it clear the debt may increase in

    respect of costs and interest if a claim had to be issued. Due to the Defendant not paying

    the charge the matter was passed to my Company's legal representatives, Gladstones

    Solicitors Ltd, who were instructed to commence legal proceedings. The potential

    additional costs mentioned above are now sought.

     

    34. The debt has, as a result of this referral risen as my Company's staff have spent time and

    material in facilitating the recovery of this debt. This time could have been better spent on

    other elements of my Company's business. My Company believes the costs associated

    with such time spent were incurred naturally as a direct result of the Defendant's breach

    and as such asks that this element of the claim be awarded as a damage. The costs

    claimed are a pre-determined and nominal contribution to the actual losses. Altematively,

    my Company does have a right to costs pursuant to the sign (i.e. the contract).

  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But it's the same as all the other Jack Chapman and Gladstones WS on every Gladstones thread.

    You will know that, if you did the search and copied the SRA complaint that we are desperate for you to email.  The threads showing how to word the SRA complaint, all show their 'Jack Chapman' WS already, or quote from it.  We don't need to see it again.

    Why are you reading it like it's for the first time and thinking they've countered your points?  We're telling you to read Jack Chapman signature threads from before Xmas, so that you would have seen that WS before.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 3 March 2020 at 8:25PM
    Apologies Maybe I am just getting a little nervous moving towards the case date. I know I have read other examples and everyone wins but I think as its myself its getting more daunting. 

    I am going to get the SRA email off tomorrow
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