court hearing with UK CPM (Gladstones) please help with witness statement

Coupon-mad

I think it's not forbidding.  In fact, it is silent about what non-staff must do except to park within a bay.

Have a look at the WS by @wobs2k and adapt that to slot your facts in. State that you were the driver (if you were) and what your business was there.

You are not hospital staff, are you, so state that clearly near the start and spell it out that there was no 'relevant obligation' nor contract applicable for a non-staff member to perform:

Term #1 only applies to staff.

Term #2 applies to all drivers and was complied with, so there was no breach.

Attach your signage photo as an Exhibit.

Then say, in the alternative, if the court believes the vague sign implies that all drivers (not just staff) must display a permit here then (...use Johnersh's words about impossibility of terms and refer to Pace v Lengyel as an Exhibit.  It's found in the Parking Prankster's case law pages).

Then continue with stuff about the DLUHC and using Excel v Wilkinson as an exhibit.  See the recent WS example by wobs2k for that.

mhagle

I am not staff, i was visiting. Thank you very much coupon-mad

mhagle

i have received the witness statement but they have used a different signage to the one i have and the one that is on the signs at the entrance.

in the witness statement they are using this as there main argument.
point one and that if unsure please seek further assistance. 

do i use this and say that they are using a signage that is not on the entrance and that it is wrong for them to issue parking tickets for signages that are contradicting.  
 

Castle

mhagle said:

i have received the witness statement but they have used a different signage to the one i have and the one that is on the signs at the entrance.

in the witness statement they are using this as there main argument.
point one and that if unsure please seek further assistance. 

 

That sign photo apparently dated May 2019 refers to a 0845 phone number which were banned in 2014 and a £1.50 charge for using Card payments, something which was banned in January 2018.

mhagle

shall i put that in my witness statement mentioning that they are using an old signage to penalise me. As the one the solicitors are using says

“ A VALID GREEN WEST LONDON MENTAL HEALTH TRUST PERMIT MUST BE CLEARLY DISPLAYED IN THE FRONT WINDSCREEN AT ALL TIMES”

however in the new sign it states:

“STAFF MUST DISPLAY A VALID GREEN WEST LONDON NHS TRUST PERMIT IN THE FRONT WINDSCREEN AT ALL TIMES.”

Le_Kirk

Your point being that the first sign does not make it clear that it is for staff members, then use it as they clearly thought the sign was confusing and changed it.

mhagle

thank you, i have mentionee that in my statement and have two pictures of the signs. One from last year and one today to show that they have not looked at the signs. 

Also can they use the small print where they stay that

“If unsure please seek further advice from PM or refrain from paring”

can they use this as an arguement and say i should not have parked there? 
as i dont know how to answer this part

Coupon-mad

Please show us - on this thread - your draft WS as it sounds like you want help with it? We need to have something to work with.

mhagle

1.    I am xxxx of xxxxx, and I am the defendant against whom this claim is made against. 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 exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

Sequence of events and signage

3.      Firstly, I have appended the actual signage, photographed myself on August 11th 2021, and will refer to it.

4.      I went to West London Mental health on 2 January 2020 to visit my brother that was admitted into the hospital for having suicidal thoughts and depression. I have attached the hospital admission for my brother who was in the hospital on that day.

5.      I parked my xxxx in a bay and went out and looked at the signs. As it was around 17:50 and quite dark I read the signage for the hospitals parking. The terms and conditions are:

·         Staff must display a valid Green West London NHS Trust Permit in the front window screen at all times

·         You must park wholly within a marked bay. No parking on roadways/yellow lines/ paved / hatched or landscapes areas

6.      There is also a purple sign under the signage at the front where it asks about payment, however there are no pay stations in the car park. I checked all around the car park to find a pay station and found nothing. It states o the purple sign:

·         Have you paid for your parking?

7.      This signage is obscure and ambiguous. This sign is misleading as the sign does not mention who can or cannot park there. For example most signs who only permit a certain people to park they would have ‘staff only’, ‘Residents Park only’.

8.      The signage is obscure and ambiguous. The sign is misleading as the sign does not mention who cannot park there. For example most signs who only permit a certain people to park they would have ‘staff only’, ‘Residents Park only’.

9.      It is therefore denied that the signs used by the claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding me to as the claimant failed to comply with the international parking company code of practice ‘PART E Schedule 1- Signage’.

10.  The sign creates no contract with me as it is impossible to perform

11.   I am not a staff member at West London Mental Health. I was a visitor. There is no relevant obligation nor contract applicable for a non-staff member to park as it is impossible to perform:

1.      I had no permit

2.      UKPCM would have refused to give me a permit

3.      I was not entitled to one

12.  The contract could never be performed as it was unfair as I did not have a permit so therefore once I entered the car park it created a breach of contract and therefore sort payment immediately.

13.  The terms and conditions on the signage states that:

·         You must park wholly within a marked bay. No parking on roadways/yellow lines/ paved / hatched or landscapes areas

14.   This applies to all drivers and was complied with, so therefore there was no breach of the signage or contract.

15.  The claimant on their witness statement is relying on a signage that is not at the hospital (Exhibit 2). The picture was taken on 22/05/2019. My picture was taken recently. Also the claimant has a 0845 number which was banned in 2014 and the picture of the sign is from 2019.

16.  The claimant is using an old sign from 2019(Exhibit 3), the sign has on the small print a charge of £1.50 for using card payments and this was also banned by the government in January 2018.

17.  The claimant has also not looked at the new signs and is using as an argument the old signs which state:

·         A valid green West London Mental Health trust permit must be clearly displayed in the front windscreen at all times

·         You must park wholly within a marked bay. No parking on roadways / red lines / paved / hatched or landscaped areas

18.  This is unfair as the claimant is trying to penalise me due to a sign that is not at the car park.

19.  I have two pictures one from August 11th 2021 and another from May 16th 2022 that show the signs that are at the car park are not the same to the claimant’s one. The claimant’s is from 2019 and not a recently updated sign.

20.  The claimant clearly knows that the signs are confusing and therefore is using an old sign and not the new signs in the car park. This is unfair to anybody that parks in this carpark who is penalised due to old signage’s.

mhagle

this is what i have written so far and thank you for the help and i really appreciate your input.

Thank you.