JD Gym/Jardines Parking - Milton Keynes

Burnt_Roti116

Thank you very much! I have made the changes and will now submit. Fingers crossed! I really am hoping case gets dismissed before hearing date iA.

Burnt_Roti116

doesnt look like the case will be thrown out nor did Gladstones respond to my request about accepting a date change for the hearing due to my knee operation. Going to be a tough day travelling crippled. Anyhow, what should I prepare for the hearing with the judge?

Coupon-mad

Burnt_Roti116 said:

doesnt look like the case will be thrown out nor did Gladstones respond to my request about accepting a date change for the hearing due to my knee operation. Going to be a tough day travelling crippled. Anyhow, what should I prepare for the hearing with the judge?

Have a look in the NEWBIES thread first. And other completed hearings Gladstones threads.

Burnt_Roti116

thanks, I've called up the court in the mean time and have been told the court fees have been paid by gladstones. I would've thought I would have received some letter/email or notice that its been paid and hearing would proceed.
Currently trawling through the forum for example hearing crib sheets.

Coupon-mad

No you don't get told the hearing will proceed because you already have the hearing order, so nothing has changed.

I replied on a Gladstones thread this afternoon that's at your stage.

Burnt_Roti116

Please see my skeleton argument crib sheet below:

Introduction

1. This skeleton argument is presented in support of the Defendant, Syed Sebtain Abbas, against the claim brought by Euro Parking Services Limited.

Facts and Sequence of Events

2. The Defendant is a member of JD Gyms at Winterhill.

3. The Defendant consistently parked in the same parking spots near the entrance/exit of the gym.

4. Bollards were installed in February 2024 but were never raised; no notice was given regarding changes to parking regulations or ownership.

5. On the night of 16th February 2024, the Defendant parked in the usual spot and later discovered new signage requiring registration at a kiosk.

6. The Defendant was unable to comply as the Jardines office, responsible for the kiosk, was closed.

Key Issues

7. **Lack of Notice**: There was no communication from JD Gyms or Jardines about the new parking regulations.

8. **Inadequate Signage**: The new signs were not visible in the poorly lit parking area, especially at night.

9. **No Windscreen PCN**: The Defendant denies receiving a windscreen notice, breaching POFA requirements.

10. **Delayed PCN Issuance**: The PCN was issued 20 days after the alleged offence, breaching POFA guidelines.

11. **Unenforceable Additional Costs**: Additional costs of £70 per PCN are vague and not transparent, violating the Consumer Rights Act 2015.

12. **Penalty Charge**: The £70 charge appears to be a penalty rather than a genuine pre-estimate of loss.

Legal Arguments

13. **CPR 16.4 Non-Compliance**: The Claimant's Particulars of Claim fails to comply with CPR 16.4 by not providing sufficient detail.

14. **Consumer Rights Act 2015**: The additional costs are not clearly defined or justified, making them unenforceable.

Relevant Case Law

15. **Civil Enforcement Limited v Chan (Ref. E7GM9W44)**: Demonstrates the importance of detailed Particulars of Claim.

16. **Car Park Management Service Ltd v Akande (Ref. K0DP5J30)**: Supports the argument against vague and undefined additional costs.

17. **ParkingEye Ltd v Beavis [2015] UKSC67**: Highlights the requirement for charges to be a genuine pre-estimate of loss or commercially justified.

Conclusion

18. The Claimant has failed to meet the burden of proof and comply with legal procedures.

19. The court should dismiss the Claimant’s claim in its entirety.

20. The Defendant seeks costs for attendance at court, loss of earnings, travel expenses, and compensation for post-surgery travel difficulties.

Statement of Truth

21. I believe that the facts stated in this skeleton argument are true to the best of my knowledge and belief.

Coupon-mad

That is a five years out of date Statement of truth.

You also need the usual exhibits listed in the WS section of the NEWBIES thread.

Burnt_Roti116

I think I've made a blunder with my costs. I misunderstood the newbie thread and took away that you take your costs to court, but I think I was supposed to attach it to the WS which I already emailed to the courts?

Car1980

You can, or you can just hand it to the judge at the end of the hearing if you win.

But what did you send for your witness statement and what is the skeleton argument you've just posted above?

Burnt_Roti116

Burnt_Roti116 said:

Thank you very much! I have made the changes and will now submit. Fingers crossed! I really am hoping case gets dismissed before hearing date iA.

this refers to the WS (found on second half of page 6). This was emailed to them.
The skeleton argument posted on this page was going to be the crib sheet to read off during the hearing (got this from https://forums.moneysavingexpert.com/discussion/6607211/court-date-with-gladstone/p1