Horizon/Gladstones claim - court this week

Fruitcake

William Dickinson states in 3 (1) that the contract was from 31/11/18, but Mr Plumb contradicts this by saying the contract was from 13/7/17. They can't both be true so one is incorrect but signed under a statement of truth.

There are two companies with the name Aberdeen Standards Investment in their title. Companies House records show that Simon Plumb was never a director or company secretary of either company, both of which are registered at the same address.

In Truro County Court on the 2rd of July2020, case number F1DP92KF, District Judge Simon Middleton said that "Claire Williams could not have signed the contract because she was not a director of the landowner at the time."
Your case is no different. Mr Plumb could not have signed a contract because he was never a director or company secretary or someone with significant interest in the company.

victorian12

I have included the points about the contract. 

Witness Statement

 

1. I am x, the Defendant in this matter. I will say as follows:

 

2. On 04/01/2019 I parked my vehicle (x) at the Water Gardens Shopping Centre in Harlow, Essex, CM20 1AN. I received a parking voucher from the ASDA store. I attempted to pay for parking at the pay station before leaving but the queue was extremely long and I did not want to wait in the rain with my 9-month old baby. I was surprised that I could only see two pay stations which seemed completely inadequate to serve such a large car park in a busy retail area. I was relieved to notice an option to pay online after parking (see exhibit A). Therefore I legitimately left the car park without paying.

 

3. On returning home I attempted to pay for parking via www.parkonomy.com as instructed on the sign (exhibit A).  I attempted to use the aforementioned parking voucher from ASDA but was unable to input details on the website. I attempted to phone parkonomy for help but there was no telephone number listed. The only contact details provided by parkonomy was their online contact form so I completed this form to request information on how to use the free parking voucher. I did not receive a reply.

 

4. On 10/01/2019 I returned to the car park and again received a parking voucher from ASDA but again was unable to use the voucher on the parkonomy website.

 

5. I was unsure how to proceed at this point so I attempted to pay for both parking sessions without using the voucher but there is no option to pay retrospectively on the parkonomy website. I contacted parkonomy again via their online contact form to request information on how to pay but again received no reply.

 

6. The sign (exhibit A) provides no indication of the terms and conditions for use of the online payment option. Further, there is no information provided on how to use the parking voucher for online payments.

 

7. Therefore, It is denied that the Claimant’s signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

 

7. I did not receive the ‘Letter Before Claim’ from the Claimant since I had moved to a new address in September 2020. I received a further communication from the Claimant in December 2020 stating that they were aware I was living at a new address. I, therefore, expected all communications to be directed to the new address. I was very surprised to receive the Court Claim, by chance, from an ex-neighbour at my old address only days before the response deadline.

 

8. Note that the letter from Claimant stating that they were aware of my new address was not included in either the Subject Access Request documents I requested from the Claimant, or in the Claimant’s Witness Statement provided to the Court. It seems that the Claimant made a deliberate attempt to conceal this communication.

 

9. There is no contract included in the Claimant’s witness statement, let alone signed by two authorised signatories or a director and witness in accordance with Section 44 of the Companies Act 2006. Only a director or company secretary is an authorised signatory. Simon Plumb is not a director of the landowner so cannot sign a contract. Also, his witness statement is not signed under the current statement of truth.

 

10. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at

the hearing, such as are allowable pursuant to CPR 27.14, please see DH/05

 

Statement of Truth

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for

contempt of court may be brought against anyone who makes, or causes to be made, a false

statement in a document verified by a statement of truth without an honest belief in its truth.

 

 

Signature

 

 

 

 

25th August 2020

Fruitcake

We need to see the contract between the landowner, Aberdeen Standard Investments, and the scammers. I did say this half an hour ago.

victorian12

Fruitcake said:

We need to see the contract. I did say this half an hour ago.

I have sent everything I have? Apart from the PCNs and photos.

Fruitcake

Okay, so if they have not included a copy of the contract, then you put that in your WS saying there is no contract and no proof that a contract exists.
They cannot rely on something they have not included in their evidence, and they cannot ambush you with it in court.
Include the comments about Simon Plumb not being authorised to sign a contract. You can copy and paste what I have said.
All you have is hearsay. William D and Simon P say there is a contract but it has not been produced. You will want to question both witnesses at the hearing.

Post the PCNs and photos after you have sent your WS.

victorian12

Literally just received a message from court saying it will be a phone hearing

Fruitcake

A last gasp. Para 7 of the scammer's WS says the signs say the charge is £100 but the photo says £60 with an unspecified discount for early payment.
Contradicted at para 39 by saying the sign quote £60.

Fruitcake

You still need to get your WS off in the next five minutes unless the message from the court says otherwise!

victorian12

It's done. It was submitted before 4pm but still woefully late. All points above included.
I guess I won't know if they will accept it until the hearing?
Just re-reading the letter from court, they have changed the time (can they do that at such late notice?) and given complicated instructions for arranging a teleconference.

Fruitcake

Read the telephone hearings thread once you have had a brew and calmed down a bit.
Make notes about what you want to say and question, a crib sheet if you will.
If your WS is not accepted you will (should) be able to ask questions and state there is no contract. You should specify when you get your turn to speak that you want to question the witnesses who made their witness statements specifically about the discrepancies in signage on Mr D's statement, and about the lack of contract, and the different start dates of the alleged contract.
Don't be surprised if they are not both present, but you should tell the judge you want to challenge the advocate on your points in the absence of the witnesses.

Yes they can change the time. It would be no different at a face to face hearing where the cases are juggled around.

Good luck, keep asking questions if you are unsure of something, and please let us know how you get on.