Gladstone solicitors ltd parking charge

tallac

tallac said:

I'm putting together the witness statement and using the examples provided in the sticky post. However, I have a few questions regarding this. Using the WS from the user @_blueberry_ as a template (link here).

My questions are:
In paragraph 34 it lists 2 mains issues. The one that is often used in other example witness statements is the one about Hidden Terms and the penalty clause being burried in small print. In this particular situation the parking sign looks like this:


While the charge amount is not burried in the small print, what is the suggestion for me to put in this paragraph where the claimant has fallen foul of those tests. My grounds for complaint are:
1. That a disabled Blue Badge was used and clearly visible.
2. There was no signs at the entrance.
3. The total duration was around 4 minutes, which surely falls well under any grace period to even read the sign.
4. The sign's small print is not legible or readable without a magnifying glass
5. The sign appears to have been amended multiple times with the amendment being stuck over the previous amendments.

What (if anything) can I list under paragraph 34. Because the charge amount is not burried under the small print here but there are other issues like what I've listed above.

KeithP

The first sentence there suggests quite strongly that parking is not allowed.

How can anyone agree to terms and conditions to park there if parking there is forbidden?

Coupon-mad

KeithP said:

The first sentence there suggests quite strongly that parking is not allowed.

How can anyone agree to terms and conditions to park there if parking there is forbidden?

Yes that should be stated, instead of that the parking charge is buried in small print.

The passenger WS can be fairly short, just stating the facts as a witness.

Johnersh

It's certainly not a contract offering parking (the offer) completed if the driver parks (acceptance) for a fee of £100 (consideration).

In fact the sign says 

* No parking either side
* By entering you agree terms
* PCN payable within 28 days

Is that if you do park? Is that if you enter the land? If you stop to read the sign are you automatically liable? Is it a payment or a term for a breach of a contract term?

Le_Kirk

tallac said:

While the charge amount is not burried in the small print, what is the suggestion for me to put in this paragraph where the claimant has fallen foul of those tests. My grounds for complaint are:
2. There was were no signs at the entrance.

Just a gentle nudge on grammar.

tallac

Thank you for all the help. I have put together a draft witness statement with the sensitive details redacted which is available here.

I still need to create a secondary witness statement for the other passenger in the car which I will shortly do as a separate document. And also need to create the Costs Assessment page as well.

Grateful for any feedback to the above witness statement so I can refine it with any changes or amendments. Thank you again.

KeithP

Is that your real name assigned to that Dropbox account?

Coupon-mad

You don't need separate exhibits for 'badly pleaded parking claims'.

This is why I provide the a-f list of suggested exhibits in the 2nd post of the NEWBIES thread in the section all about Witness Statement stage.

Go find the single 'judgments' PDF linked in point 'c' of the a-f list of recommended exhibits.  It includes Chan and a dozen others! One document. One exhibit.

1505grandad

Also make sure that when using c & p that it actually relates to your case  -  i.e. para 36 mentions an entirely different ppc.

tallac

KeithP said:

Is that your real name assigned to that Dropbox account?

Thank you for pointing that out, now corrected.