County Court form received

umbroshinpad

I'm the registered keeper rather than the driver. I've also got photos of the signs and they are insufficient. 

I've got the Skipton and Warwick judgements and the Southampton 6 pages. I've got a photo of the sign at the car park and the car park itself, with a comparison of the Beavis sign. I've got the Facebook post mentioned. I've got the IPC CoC and the accounts of ES Parking. I've also got the POFA guidance.

I've also got the Beavis Judgement, which is a lot of pages. Should I use that or the press summary? I'd like to avoid printing out 120 pages if I can.

It is at WS, I have not seen the new truth statement.

Coupon-mad

Then Google to find the new statement of truth in the CPRs, in less than a second.

You also need the POFA in evidence and Henry Greenslade's words about UNDERSTANDING KEEPER LIABLITY as I seem to recall ES Parking are not POFA compliant?

Umkomaas

Only copy the pages that relate to the specific points you are arguing from the Beavis case, but even if it's just generalised statement, no need to copy the entire judgment, the Judge will (should) be aware of it and should be able to access it from his/her computer if he/she needs it. 

umbroshinpad

Ok, I have added the new truth statement and a bit about Henry Greenslade and added that to my appendices. I think I am ready. Thanks for your help everyone, hopefully I'll be back to share positive news, although I am not sure when given we still don't have a court date and I can't imagine we are getting one any time soon!

Le_Kirk

umbroshinpad said:

Ok, I have added the new truth statement and a bit about Henry Greenslade and added that to my appendices. I think I am ready. Thanks for your help everyone, hopefully I'll be back to share positive news, although I am not sure when given we still don't have a court date and I can't imagine we are getting one any time soon!

They are exhibits and should be referenced as such INITIALS*_001 etc
*INITIALS should be replaced by your real initials of course 

umbroshinpad

Hi everyone. Hope you're all keeping safe at this time. 

As I stated previously, when writing my witness statement I had not received a copy of the evidence Gladstone's would be relying upon. I have since checked another email address and the evidence appears to have gone into the "junk" folder. I'm not sure why this email address was used, as I have not contacted them using it previously. This has provided evidence they are relying on for keeper liability, which I did not previously have. Am I able to address this in a skeleton argument or should I pay the additional charges to enter a further witness statement? 
They have also provided a photograph of the sign they used, which (bizarrely) is not the sign in the car park, which they have also included further into the evidence. 
Sorry if this is something I could have researched and I haven't looked it up, I don't mean to be spamming up the page, but I'm freaking out at the minute that I might have messed this up.

nosferatu1001

Ask them why they used that address, for a start. If youve never communicated on it you should not be expectged to be served tthat way, and the CPRs still say you must give permissoin, C19 hasnt altered that. 
Noneed to pay a charge to enter another WS - its only to amend a DEFENCE That you neeed to pay. 
Its obviously important to point out that theyve used two different signs, and attested that both are "the" sign. |At best this measn their evidnece is unreliable!

umbroshinpad

Thanks Nosferatu, you've relaxed my nerves a bit. They've also included a "final warning" letter which I am certain we never received. However, this letter is charging us £125 rather than £100 and this is before solicitors get involved. It is just further evidence of breaching Beavis.

Coupon-mad

Am I able to address this in a skeleton argument or should I pay the additional charges to enter a further witness statement? 
They have also provided a photograph of the sign they used, which (bizarrely) is not the sign in the car park, which they have also included further into the evidence. 

Just cover all of the above at any hearing, or preferably, in a supplementary WS you will now be emailing to your local court, along with your entire evidence bundle and defence and WS and summary costs assessment (all as a compressed PDF) plus a word document DRAFT ORDER...

You need to read the Telephone Hearings thread from start to finish, including looking that the list of courts posted yesterday on that thread, by bargepole.  You are at the same stage as this person, same advice, even though we KNOW you have not heard anything to suggest a telephone hearing:

https://forums.moneysavingexpert.com/discussion/comment/77080770#Comment_77080770

Yes we know you have already posted your WS & evidence, so have loads of people.  You are still at that stage, loads of people are at or past WS & evidence stage and we are telling you all the same, to read the Telephone Hearings thread and the other threads at the same stage as you, and copy what they did, try to get a STRIKE OUT instead of a remote hearing.

mattp87

First off, this is brilliant how much time and effort you have all put into helping parking claims etc. It's brilliant to read. This thread seems to be the closest to the situation that I am currently in. I want to adhere to the conduct rules of the forum and thread given that I am a newbie! I am at the end of my tether with the situation, reading through a lot of this thread, I bet you all are as well. Did you receive an N1SDT Claim form from the Court? District Enforcement gave me a parking ticket on my own private land (I owe a leasehold flat in a freehold block which is run by a management company and we have now changed the car park management company because of how awful District was) - my car parking pass has never left my car, not in 11 years! The one weekend I am away, you guessed it. The pass fell down. You can see the blue taper of the circle pass (all cars that have blue passes, are obvious) - but on this occasion, you couldn't see the whole pass. Not only did I come back to find my cat had been run over, but I tried to reason with this company and they just turned their noses up demanding I pay to park at my own flat and that I didn't show my pass correctly. I argued that I am one of the reasons they manage the car park as we chose them to do so and stop people parking wrongfully at the flats on private land. Needless to say, that was well over a year ago now and Gladstone Brookes sent me a couple of letters threatening CCJ action etc. Given that I already felt that I shouldn't have to pay a penny, I've now got an N1SDT form from the Northampton County Court Business centre. Who I know from experience issue CCJ's. To say I'm annoyed is an understatement and I don't feel I owe them a penny! If anything, they should be apologising for making numerous mistakes over the last 2/3 years on not managing the car park properly and not taking note of which people live in the block!!
I already contacted the court who said I should defend the claim and then request mediation. 
Please could I get your thoughts on what to do next as I only have a week or so to respond - I'm absolutely fuming with them, how dare they! 
Apologies if this broke any rules, I couldn't find the exact scenario in the newbie thread posts and this seemed the closest......