Gladstone/ AM parking services LTD CLAIM FORM

laurenjo12

i appreciate everyone is busy and therefore not had opportunity to comment on my situation. my deadline is 4pm so i will just submit what i have.
From what i can see : i email it to the local court (not Northampton)/ i add a copy of my defence as an attachment/ add page numbers/ fill in the name and hearing date etc/ and end with a statement of truth.
I do not understand the final part about court costs despite hours of reading:(
i also need to check what font and line spacing it needs to be.

i will add what ive done.

laurenjo12

Claim number xxxx Miss xxxxx (Defendant) Hearing date: xx/xx/xxxx

 

In the County Court at xxxxx

 

Claim Number: xxxxxx

 

AM Parking Services LTD(Claimant)

 

V

 

xxxxxxxxxxxxxxx (Defendant)

 

 

WITNESS STATEMENT OF DEFENDANT

 

FOR TELEPHONE HEARING ON xx/xx/xxxx

 

1.       I am Miss xxxxxxxxxxx, and I am the defendant against whom this claim is made.

 

 I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

This inexperience puts me at an immediate disadvantage because parking charge cases are those where the Claimants have the advantage of legal representation. Alongside this, the impact on my already impaired mental health has been significant resulting in deterioration.

 

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise

 

The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

 

2. In my statement I shall refer to my defence and I will

 

say as follows:

 

3.The defendant requested a Subject access Request in November 2021 and the claimant responded in December 2021 with not a single photograph of any of the signs, the car, any breach, any terms or even a copy of a supposed PCN.

Nothing at all relating to the parking charge mentioned in the particulars was supplied, except for some aggressive debt recovery letters. Nothing by way of evidence.

 

4. The defendant is prejudice and non the wiser about the reason for the alleged parking charge. The charge relates to a supposed PCN issued in 2017.  The only information the defendant has is the road where the PCN was issued and recognises this from an address she lived at many years ago when at university. The defendant has no possible way to defend themselves if they  have not been provided information or unable to see any visual evidence.

 

5. The defendant feels this cannot be right and the claimant is in breach of not only the GDPR rules about a SAR but the Civil Procedure rules and pre-action protocol too.

 

6. The defendant asks the court to use its case management powers to strike out the claim for want of full particulars, or to order full disclosure to her as initially requested in the SAR request.

 

7.   The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced in excess of any sum hidden in small print on the signage that the Claimant may be relying upon.  Claiming ‘costs/damages’ on an indemnity basis is stated to be unfair in the Unfair Contract Terms Guidance, CMA37, para 5.14.3.  That is the official Government guidance on the Consumer Rights Act 2015 ('CRA 2015') legislation which must be considered, given the duty in s71.  The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2.  NB: this is different from the UTCCRs considered by the Supreme Court, in that there is now a requirement for contract terms and notices to be fair.

 

 

 

8.. This situation can be fully distinguished from ParkingEye Ltd v Beavis [2015] UKSC67, where the

 

Supreme Court found that whilst the £85 was not (and was not pleaded as) a sum in the nature

 

of damages or loss, ParkingEye had a 'legitimate interest' in enforcing the charge where

 

motorists overstay, in order to deter motorists from occupying spaces beyond the time paid for

 

and thus ensure further income for the landowner, by allowing other motorists to occupy the

 

space. The Court concluded that the £85.00 charge was not out of proportion to the legitimate

 

interest (in that case, based upon the facts and clear signs) and therefore the clause was not a

 

penalty clause.

 

 

 

 

 

I ask for my fixed witness costs. I am advised that costs on the Small

 

Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly

 

unreasonable conduct' is made against the Claimant) the Court may not order a party to pay

 

another party’s costs, except fixed costs such as witness expenses which a party has reasonably

 

incurred in travelling to and from the hearing (including fares and/or parking fees) plus the

 

court may award a set amount allowable for loss of earnings or loss of leave.

 

 

 

??????????????? UNSURE ABOUT THIS as I don’t understand it???

 

 The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs

 

at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss

 

of earnings)... are: (1) for the loss of earnings or loss of leave of each party or witness due to

 

attending a hearing ... a sum not exceeding £95 per day for each person.''

 

 

 

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

 

……………………..

 

xxxxxxxxxxxxx

 

DATE xx/xx/xxxx

Coupon-mad

I can offer no photos etc and i cant see where i got the pcn.

Is it not visible on Google Streetview when (on a laptop) you drag the little yellow man in?  You can change the date to older images and use those.

Most Defendants just use GSV images from the right year.

Not sure why you haven't included the usual exhibits of Excel v Wilkinson (transcript) and a picture of the yellow & black sign in the Beavis case (appended as Exhibit xx1) both standard exhibits.

You can just copy from the second half of the WS by @aphex007 (which covers a lot more ground than yours...you ard missing quite a bit) and you can find the ParkingEye v Beavis case sign by a quick Google image search.

Then you just add some words near the start of your WS referring to your Beavis case exhibit and say that you have no recollection of any signage at the location that was anything like the clear sign in the Supreme Court case that set the high bar for prominent parking terms (appended as Exhibit xx1).

Each exhibit is numbered by your initials then 1, 2, 3, etc.

Add that you have no recollection of any breach of parking terms, which seems unlikely due to the lack of evidence in the SAR reply and is therefore denied.  The Claimant is put to strict proof of a conspicuous contract, a breach and all of its assertions.

laurenjo12

ok. i will do this right now

Coupon-mad

Then renumber all paragraphs so they all have a number.

laurenjo12

had no idea you could do that on google street view. i have found 3 photos of the area and the sign. now onto the next bit

laurenjo12

Im really struggling to be able to copy and paste anything from @aphex007 WS.
any tips?

Coupon-mad

Does it not work when you just highlight some words then right click, copy & paste?

laurenjo12

it will only let me get some text. 
Im still trying-probably just in panic mode! Not far off a draft now

Coupon-mad

Ok that's good.

No time - and no need - to show us if your deadline is today.  You've improved it as best you can!  Just attach the Beavis sign compared to your screengrabs from GSView, and Excel v Wilkinson to protest about the false added 'fee'.  All referred to by Exhibit number.

Sign & date under the WS statement of truth.  Save all (ideally as a single 'merged' PDF) with page numbers added.

Obviously nothing gets emailed to the CCBC at Northampton!  It gets filed & served (local court and the Claimant's solicitor).