PCM/Gladstones Court Claim

DrAculaGonzo

Hi All,

Court papers arrived. Case to be heard in mid Sep. I've got till mid Aug to submit everything. 
Gladstones already confirmed they won't be attending.

I have lots of notes and points to go through from my research back when I got the claim so will come back here next weekend with something more tangible, but appreciate any early guidance on what to do and what not to do as my next steps or any other useful links.

Thanks.

Some key notes & links I have so far - I am yet to go through it properly.

(b) Witness Statement & evidence and costs assessment stage.
LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!
When you get a hearing date, THAT SAME LETTER gives you on page two, the deadline by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours - YOU are the witness).

At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should include:

(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (see Google images - it's yellow and black)
(b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc.
(c) maybe a video of how it looks from a car? Get a passenger to hold a camera or phone and record the lack of signs in similar light conditions.
(d) if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA - there is a link in post #1 above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.
(e) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
(f) case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted the right to park or unload, you need Jopson v Home Guard (appeal) and PACE v Mr N, etc.
(g) the IPC or BPA Code of practice, where it supports your case (e.g. grace periods) but be sure to use the RIGHT version for the date of parking.
(h) Pay & Display ticket, if the driver paid. DON'T argue 'no loss'!
(i) the Approved Judgment from Southampton, plus paras 98, 193 and 198 from Parking Eye v Beavis copied & pasted onto a single sheet.

WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE

A current good example of a Witness Statement:

https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685

This is a simple stage. Adapt that WS. Copy the style of index and how the photos are presented, and a lot of the wording, just putting your own narrative in your own words as the first few points. There is also a Costs Assessment shown there (and his defence, if you are at that earlier stage but reading ahead).

 

https://forums.moneysavingexpert.com/discussion/6040741/cel-witness-statment#latest

https://forums.moneysavingexpert.com/discussion/5559809/uk-cpm-pcn-received/p4

Witness statement is different to a skeleton argument.
You need to submit your witness statement and evidence bundle by the date given in your court document.
You don't need to produce a skeleton argument. It is your choice if you produce one. If you do produce one it is sent a day or two before your court date.

Differences between them and why submit a skeleton argument (skeleton)
A witness statement is what you saw/did on the day and refers to your evidence bundle.
It doesn't include legal arguments.
These should be left to your skeleton or stated previously in your defence.
A skeleton, I think of as, a summary of your case.
It is what you would say on the day but written down.
You start with your main defence argument and work downwards.
It refers to all your other documents and any legal arguments.
It also refutes their evidence and witness statement.

Hope this helps.

The NEWBIEs sticky post #2 explains the differences as well.

 

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.

 http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html?m=1

Coupon-mad

Good - just don't use the RobertCox example linked there.  It's been superseded by more recent ones such is the one by @aphex007

But don't do your WS in July, because WS advice is expected to change (made stronger we hope) by the imminent DLUHC draft Impact Assessment any week now.

Leave it, read their WS if it arrives in July - sit down with it and pick out the rubbish and holes in their evidence - then come back here at the end if this month to see what we are discussing about the Government's analysis of the level of parking charges and the evidence used in banning (hopefully re-banning) the fake fees.

DrAculaGonzo

Coupon-mad said:

Good - just don't use the RobertCox example linked there.  It's been superseded by more recent ones such is the one by @aphex007

But don't do your WS in July, because WS advice is expected to change (made stronger we hope) by the imminent DLUHC draft Impact Assessment any week now.

Leave it, read their WS if it arrives in July - sit down with it and pick out the rubbish and holes in their evidence - then come back here at the end if this month to see what we are discussing about the Government's analysis of the level of parking charges and the evidence used in banning (hopefully re-banning) the fake fees.

Thanks. I saw your post here - https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-with-added-admin-dra-costs-edited-31st-july-2023/p24

Would you say I can discard all my previous notes and just use your template or do I still have to use the brain cells and adapt? Sorry, but feeling a bit lazy about this one. Got gazillions of things going on at the same time. All I needed is for this court case to come to life now... 

Coupon-mad

Yes PLEEEASE use it!  

I want to see how posters adapt it to suit, replacing the example (about an Airport no stopping case, within that WS) with suitable similar stuff to support your case.

I encourage everyone to use it and to use the DLUHC 2022 temporarily withdrawn but now 'live' again Code of Practice, which I'm afraid you must read in order to find the definitions & clauses where they say useful things that support your case.

I helped create that statutory Code and there are silver bullets throughout that can be quoted by defendants to show that a reasonable PPC would have cancelled the PCN, or not raised one at all.

DrAculaGonzo

ok, starting to look at it now, but one more question - does having Gladstone's WS already give me any advantage or do you expect standard BS there and it's not worth posting it here for comments?

DrAculaGonzo

also, somewhere I got the note that I should look at following doc, but I can't find it anywhere. Any clue where to find it and/or whether I should worry about it at all?

ex342 – coming to a court hearing some things you should know

DrAculaGonzo

continuing to look at Gladstones WS: some bits that concerns me pasted below:

THE DEFENCE

24. The Defendant states that they were loading and unloading at the Site.

25. They aver that a PCN / NTK was not affixed to the Vehicle at the time of contravention.

26. They claim that they were not afforded a grace period.

27. The Defendant cites a right to park in their tenancy agreement.

THE CLAIMANT’S RESPONSE

28. Whilst the Defendant states that they were loading and unloading at the Site, the images do not

show any evidence of this and their position is denied. They have failed to provide any evidence

to substantiate their position.

29. Paragraphs 19 through 22 is repeated with respect to a PCN not being affixed to the Vehicle.

30. Whilst they claim that they were not afforded a grace period, the breach had already occurred as

they had parked in the hatched area. The permit was not valid as they were not parked in a bay

corresponding to the permit, and they were not parked within a bay at all. Given that the breach

had already taken place, a grace period was not applicable.
31. The Defendant cites their tenancy agreement states that there is no requirement to pay parking

charges, however they have failed to provide a copy of the tenancy agreement to substantiate their

position. Notwithstanding this, they are in possession of a permit and therefore are aware of the

scheme put in place by the Claimant, they chose to park otherwise in accordance with the terms.

32. My Company would like the Court to note that the Defendant is using a generic defence which

can be found on the internet and it is highly doubtful that the Defendant would understand the

complexities of all the references to the Civil Procedure Rules, the requirements in the Protection

and Freedoms Act (POFA) and in established case law, which is often the case when a Defendant

is questioned about such references at Court. Therefore, everything that the Defendant has

outlined is not accepted and denied by my Company.
It is therefore submitted to the Honourable Court that notwithstanding the defence that has been filed,

the Claimant has satisfied the burden of proof in this case and is entitled to judgement.

anything I should be worried about?

Coupon-mad

Nothing at all. In fact, they've helped you by pointing out what evidence they expect to see from you!

DrAculaGonzo

This link from the proposed witness statement doesn't work - any clue what the correct one is? https://assets.publishing.service.gov.uk/government/uploads/system/uploads/a ttachment_data/file/1171438/Draft_IA_- _Private_Parking_Code_of_Practice_.pdf

DrAculaGonzo

DrAculaGonzo said:

This link from the proposed witness statement doesn't work - any clue what the correct one is? https://assets.publishing.service.gov.uk/government/uploads/system/uploads/a ttachment_data/file/1171438/Draft_IA_- _Private_Parking_Code_of_Practice_.pdf

Found it: looks same, but this one works - and it wasn't just the gap in between the 'a' and a t'...
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1171438/Draft_IA_-_Private_Parking_Code_of_Practice_.pdf