UKCPM Free Parking Overstay - Another one bites the dust ! 26/10/23

1505grandad

A heads-up  -  you will see that in the above mentioned WS examples some refer to the BPA CoP because they are BPA AoS members  -  your claimant is an IPC AoS member so you should be using/quoting the relevant version of the IPC CoP.

jag_run

I have finally finished the witness statement, which has taken an unbelievable amount of hours!

Points 1-13 are my own, and I'm fairly happy with these. Main thrusts being...

- Landowner authority appears out of date (contract from 2016 stating 2hrs free parking, but the site is actually 3hrs free parking)
- The template sign in the claimant bundle is is not the one that is actually there.
- The signs are not in the locations they say they are.
- The signs are too small, and in an insufficient number to form a contract.

Points 14-29 are mainly lifted from @aphex007 example as I was pointed towards. If I'm completely honest, I'm struggling to understand all the points, but I've used and edited as best I can to fit my case and to reword a little.

Case is 22nd June, so I need to get this off by the 8th I think, but will send tomorrow (7th). Any feedback very gratefully received.

https://www.dropbox.com/s/35rb5v5ltjfydwy/Witness%20Statement%20-%20REDACTED.docx?dl=0


THANK YOU!

Castle

On your exhibit "JG-1" the phone number on the "stock" image of the sign starts 0845 whilst the on site sign starts 0345; (0845 numbers were banned in June 2014).

1505grandad

Your para 18 refers to "para 27" but the contents of that para (27) are not relevant.

And the SoT is not the latest version.

Coupon-mad

The statement of truth must be as stated in the Newbies thread section about Witness Statements.

jag_run

Coupon-mad said:

The statement of truth must be as stated in the Newbies thread section about Witness Statements.

Wonder if it’s changed again? My documents (sent from court Oct 22) say…

Coupon-mad

Yes we know; the courts haven't changed their standard template instructions despite the SoT changing in April 2020!

B789

jag_run said:

Coupon-mad said:

The statement of truth must be as stated in the Newbies thread section about Witness Statements.

Wonder if it’s changed again? My documents (sent from court Oct 22) say…

It's easy enough to find if you're friends with Google:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part22/pd_part22

Coupon-mad

jag_run said:

I have finally finished the witness statement, which has taken an unbelievable amount of hours!

Points 1-13 are my own, and I'm fairly happy with these. Main thrusts being...

- Landowner authority appears out of date (contract from 2016 stating 2hrs free parking, but the site is actually 3hrs free parking)
- The template sign in the claimant bundle is is not the one that is actually there.
- The signs are not in the locations they say they are.
- The signs are too small, and in an insufficient number to form a contract.

Points 14-29 are mainly lifted from @aphex007 example as I was pointed towards. If I'm completely honest, I'm struggling to understand all the points, but I've used and edited as best I can to fit my case and to reword a little.

Case is 22nd June, 

How did your hearing go?

jag_run

Coupon-mad said:

How did your hearing go?

Hearing got delayed until today... ANOTHER ONE BITES THE DUST!

Court was a little intimidating, I wasn't expecting airport style scanners and a load of security, they were much more interested in going through my stuff than any flight I'd been on. Also turned out the hearing room was a mini court room with the judge sat up high etc!

Gladstones were a no show as they said they would be, and judge seemed to be very on side. Complimented the witness statements etc.

From about the first word I knew it was going to go my way, as the judge said if he was to go through every point it would need to be a much longer hearing and the case hinged on if the signage was sufficient to form a contract. They agreed that my evidence showed the signs UKCPM / Gladstones said were there simply were not. The judge did about 95% of the talking going spelling out (I presume for the record) what Gladstone had said about the signs and where they were, and that my evidence had shown that not to be the case.

They agreed to costs, although as I said it was just a half day off work they gave half the £95 max which was a little disappointing. But, all told I went in there "owing" £300, and came out with UKCPM owing me £45... so I should not complain.

Massive thank you to everybody on the board for the help along the way, and pleased to see my success in getting compensation for the "lost" defence is helping others in their cases too.