Defence for Claim from Gladstone Solicitors for UKCPM

Coupon-mad

As above, use the new defence and find Appendix C linked in post #1 of that thread.

petsmart

Thanks to everyone for your advice. I did write to my MP about this when it was at the Debt letter stage and one of his assistants did write back to me to tell me about the legislation they were planning to put through parliament. My MP is a rather high profile cabinet figure and I imagine he is fairly preoccupied with other matters at the moment! I will write back to his assistant nevertheless to update him.
I will include the above suggestions in my defence statements. Thanks

petsmart

Hi Everyone
Please find attached my amended Defence Statement based on Coupon, mad's latest template (with focus on additional costs).
I have appended Brown Trout's merged 'court judgement' document.
Does it look ok?

Coupon-mad

You have not added any facts that I can see?  How about this as #16:

The Particulars of Claim only mention 'a breach of terms of parking' whereas the original PCN referred to the vehicle being 'parked outside of a marked bay'.  This is denied; the parking space/bay in question is (poorly) marked for only two cars but it very much looks like it is meant for three cars and the vehicle was stopped 'within' it, not 'outside'.   The marking are highly misleading and according to the Tesco Express Manager whose store is on the site, many of his customers are inadvertently parking there and being unfairly penalised.  The Tesco Manager himself fell foul of this too, and when the staff attempted to place a sign at the back of the parking bay to highlight to customers that the bay is only for two cars as opposed to three, the annoyed UKCPM parking attendant took it down and told the Tesco staff that drivers should automatically know that the bay is meant for two cars only.  Apparently the UKCPM attendant is often seen by the Tesco staff circling the car park waiting for a driver to park in between the two parking spaces, before taking a photo of the 'offending' vehicle.   This is a clear form of entrapment, and the Defendant has an ongoing complaint about it with his MP.  Moreover, the signs and lines are at best ambiguous, and the doctrine of contra proferentem means that the interpretation of the bay lines must be applied by the court, which most favours the consumer.

petsmart

Thanks Coupon-mad. I have made the amendment to #16 as suggested. Is it good to go?
Also is the appended document OK too?

petsmart

Hi Everyone,
I received only yesterday a General Form of Judgement or Order, requesting that all parties deliver to the court and to each other by the 18 September, Witness Statements and any documents which they intend to rely on at the hearing. I have not yet been given a date for the hearing. 
I was looking for some advice as to whether the thrust of my argument should just be based on the one regarding 'entrapment' and 'ambiguous signs/bays' made in my defence statement or whether I should include the 'additional costs' argument too?
I did not indicate in my defence statement who was driving the vehicle at the time (almost 2 years ago now). Will this be required in the witness statement?
If I can get a witness statement from the Tesco manager, will he be expected to attend the hearing?
What other documents should I send, along with my witness statement?
Thank you in advance.

Fruitcake

Just a minor point, but you keep referring to a defence statement when it is simply a defence.

Throw everything into your WS and make sure you use the new statement of truth that came into force in April. Hold off sending it for as long as possible, but don't miss the filing deadline. This is in the hope that you get to see the scammer's WS first and can then comment upon it. When you get it, please post it here in its entirety, only redacting your personal data.

A WS is written in the first person and is in support of evidence already provided. If the scammers have included fake add on charges then you must include this abuse of process, and include the Southampton court judgement. (Britannia vs Crosby I think).
Include photos of the site and signage, especially the entrapment nature of the two vs three spaces.
Did you challenge landowner authority in your defence? If so you need to identify the landowner and then compare it with the names on the contract when you get it from the scammers. Often these scammers have a contract with an agent, not the landowner themselves. If that is the case you want to see the contract between the landowner and agent authorising the agent to employ the scammers.

Also compare the signs on site with those from the scammers in case they are not there, or not where the scammers say they are. If signs cannot be read, then say so. The same applies if their images of signs cannot be read. If they provide clear stock images of signs, point that out and say that they are not images of the signs that are actually on the site.

Get a statement from the store manager signed under the new statement of truth. Ideally you will want him to appear in court (or via telephone hearing) if it is not a face to face hearing.
Do not under any circumstances agree to a hearing on papers, unless you want to lose.

Coupon-mad

Obviously if you were the driver, say so!  That's clearly how you need to come across, as the person who saw it and is a witness and driver.

Here is an example WS to adapt, BUT THIS ONE DENIES BEING THE DRIVER SO DO NOT COPY ANY SENTENCE THAT SAYS THAT!

https://forums.moneysavingexpert.com/discussion/comment/77508012#Comment_77508012

1505grandad

"................General Form of Judgement or Order............."

Also, if you are going to quote from a Court doc. make sure you quote/spell it correctly.

After all, if it comes down to "Balance of Probabilities" the Judge may decide if you cannot be bothered to look at the document in front of you with due diligence, he/she may wonder what other aspects of the parking event you have not bothered with. This could well tip the BoP by the small % needed in favour of the claimant.

petsmart

Thanks for all your advice. I will post my witness statement once completed. The Tesco store manager is providing a statement too.