Claim Form - UK Car Park Management/Gladstone

Coupon-mad

Wait for the WS to arrive from them first. They have the same deadline as you.

Don't forget to work on a costs schedule and file & serve that as well.

Questions remaining on

4) Beavis Quotes - I have read the CEC16 thread however i am not able to establish exactly which 3 quotes your refering too?
5) CMA guidance - apologies where was this quoted?

Both are in post #14 of the Abuse of Process thread I think...

I don't get how people struggle with this. I clearly quote and name ''paras 98, 193 and 198'' of the Beavis decision and using them simply means using the (short) quotes I already copied into the advice in the Abuse of Process thread, post #14.

But TBH, as long as you quote those 3 Beavis paras in the WS then you don't actually need to append them as well as it's Supreme Court level and the Judge can look them up if he wants to check they are properly quoted and in context (they are).

The CMA Guidance on the CRA is worth quoting as it says that CONSUMER NOTICES are never exempt from the CRA (NEVER - not even if they contain a price term which is normally 'exempt' but only if prominent and transparent, which it never is, in PPC signs).

Pretty sure I link to that Guidance in the Abuse of Process thread already...

richiew2k

Thanks very much I will get all that updated now

You mention about waiting for the claimants witness statement but what if this is only received a day or so before the deadline?

Redx

richiew2k wrote: »

Thanks very much I will get all that updated now

You mention about waiting for the claimants witness statement but what if this is only received a day or so before the deadline?

that is the peril of this game you are in , so you assume that it will happen , or that they will file it late, which happens a lot

each holds back in a game of chicken , so you anticipate that happening and have 90% of your WS done already , like a go bag that just needs some fresh fruit adding, but the snicker bars and change of clothes are already in it

richiew2k

Redx wrote: »

that is the peril of this game you are in , so you assume that it will happen , or that they will file it late, which happens a lot

each holds back in a game of chicken , so you anticipate that happening and have 90% of your WS done already , like a go bag that just needs some fresh fruit adding, but the snicker bars and change of clothes are already in it

Hahaha brilliant, so my date is the 27th february, so maybe if i havent received it by 25th then i send it next day delivery?

Umkomaas

2 x para 19.

Coupon-mad

THIS WILL LINK TO A COPY OF EMAIL CONFIRMATION FROM FINANCE TEAM THAT PARKING WAS UP TO DATE)

Not an electronic link. You are not emailing the court and the evidence needs to be a screenshot of that email on a page as an actual document.

All in a ring binder, all pages numbered. Contents page and Summary Costs Schedule.

nosferatu1001

Echo the above
OP you are not understanding. You will not be linking to a website or ANYTHING on the day. It will all be in paper, in front of you, the claimants rep, and the judge.
No websites, no nothing like that. Paper.

You need to ensure it is served by the deadline. If the deadline is the 27th then it MUST arrive by then, meaning it must be in the post on the 25th FIRST CLASS with FREE proof of posting. You will HAND DELIVER to the court.

Coupon-mad

Just to reassure you, a fairly similar case where an employee who was permitted to park, was won in court today (as expected on her case and in yours!):

https://forums.moneysavingexpert.com/discussion/5804474/parking-charge-notice-in-work-car-park

She forgot to ask for her costs at the end, though!

Make a mental note not to stand up to leave the hearing without asking! Make yourself swig some water when you realise you've won, then clear your throat and ask for your costs as per your costs schedule. And take a wageslip to prove loss of leave/salary.

richiew2k

Hi All, Apologies i have been away for a little while my IP was blocked for some reason on this site

So my witness statement needs to be in for 27th February, my plan is this -
As previous messages have said its good to wait and see if the Gladstone witness statement turns up I am going to get my WS all printed and in a folder and envelopes ready to go.
Wait until Feb 25th see if it arrives, if not then post the WS first class recorded on the 25th and then hand deliver to the court on the 26th.

KeithP

Never ever send anything to a parking company or their solicitors using any service that requires a signature.

All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.

All you have then is proof of non-delivery. Not quite what you want.

Send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Keep that Certificate of Posting as proof in case the Claimant denies receiving your WS and evidence.