Help with witness statement against UKCPM/Gladstones please!

Boat_to_Bolivia

You can email them, then follow up with a phone call to check it's been received and acted upon.

Coupon-mad

Just email them like the Solicitor did.

ANTIUKCPM

Thanks I have emailed them. Now I am unsure of the date that my witness statement needs to be sent. Is it 14 days before the new hearing date (which I cannot make), which means I have more time. Or is it before the initial hearing date? 

Upon reading their witness statement which I have attached. I am feeling really lost as to what I can write in mine. 

1) They have rightly so commented that I did not appeal the PCNs. No PCN was affixed to my window, and I received it in the post and admittedly did ignore them. 

2) There are two claims. 
One claim is for parking outside Sainsburys, and one for loading outside my friends flat. 
They state that I was not offloading as no activity was documented in their photgraphs from the pcn (i.e no boot open or people around the car). 

So what can I write in my witness statement to counteract this? Or explain why I had stopped my car there? 
I was stopped only for a short time - less than 5 mins and by this point I must have been issued the PCN. 

I can only think to argue that their signeage was inadequate. 

With regards to extortionate costs, they have argued that I did not appeal. 

feeling very lost. and cannot find WS relating to similar issues. 
Please someone kindly help me. 

Coupon-mad

Initial hearing date.

You MUST go by the dates in the Orders.  They don't change just because a hearing gets moved.  Judges can get quite angry about this, so do what your Order told you to do.

Your case is exactly like others on page one right now.  One poster is dealing with 2 PCNs and says he/she was unloading.  Same as you - he/she just posted on this very board, this afternoon, about locking their car when unloading.

I just read it (no idea which thread, the point is just skim read them and you'll learn from others today).

In addition, this is how to argue the point about the extortionate fees and interest, in your WS (thanks to @Johnersh for these words):


As well as denying that the Claimant is entitled to parking charges, I deny that the Claimant has incurred any ‘damages’ or ‘debt recovery fees’. Then there is the extortionate attempt to harvest several years’ interest, which must surely be dismissed by the court. Interest is discretionary, not an absolute entitlement and it has been falsely calculated from day one on the whole amount.

I take the point that enhancing their claim to interest on either impermissible sums or on an incorrect basis, is reason enough to disallow the claim.

Further, this Claimant has sat on their hands and unreasonably delayed commencing proceedings for years, setting themselves up to profit from a hugely exaggerated 'reward' by default, had I not defended the claim. As such, I also take the point that – in the unlikely event that this claim is successful – interest should be disallowed or significantly reduced (per Claymore Services Ltd v Nautilus Properties Ltd[2007] BLR 452). 

ANTIUKCPM

Thanks a lot @Coupon-mad, you're amazing. 
Does Jopson vs Homeguard stand in my case even though I was not a tenant at that flat?

ANTIUKCPM

I might add, I requested an SAR months ago and they said my proof of identity did not contain my full name (it did, it was their mistake) and by then they said they had deleted my request from their records. So I re-requested with evidence a few weeks ago, with no reply. 

KeithP

ANTIUKCPM said:

I might add, I requested an SAR months ago and they said my proof of identity did not contain my full name (it did, it was their mistake) and by then they said they had deleted my request from their records. So I re-requested with evidence a few weeks ago, with no reply. 

Then complain to the Information Commissioner.

Coupon-mad

ANTIUKCPM said:

Thanks a lot @Coupon-mad, you're amazing. 
Does Jopson vs Homeguard stand in my case even though I was not a tenant at that flat?

Yes it does apply, if you had business to be there and were unloading.

ANTIUKCPM

Coupon-mad said:

ANTIUKCPM said:

Thanks a lot @Coupon-mad, you're amazing. 
Does Jopson vs Homeguard stand in my case even though I was not a tenant at that flat?

Yes it does apply, if you had business to be there and were unloading.

Yes for one of the claims I did.

So do I need 2 witness statements or do I write points for both claims in one statement?

Coupon-mad

Write it as one statement.  Like this person whose case you saw already but they've made a start now:
https://forums.moneysavingexpert.com/discussion/6404680/claim-form-defence/p5

Don't say where you were (edit your reply above, NOW!).  This is their claim to prove and this is an open forum.  Don't post stuff like that.