Defence for Court claim (Gladstones representing) parking fine

amiemurphy_2

Pictures submitted for evidence of site signage is dated earlier than the PCN contravention date. 

Only one picture of a sign dated the same day as contravention date and is not shown in context or situ. As to where this sign was positioned. Only a close up pic of the sign. 

Should I mention any of this in my WS? 

Eg. Many of the evidence pics are dated the year before the contravention date. Could it be argued that those signs weren’t there the following year when the contravention occurred? 

amiemurphy_2

Should I go and take pictures of the site tomorrow (as it is nearby) as I know the site has changed since the pictures submitted in claimants evidence of 

amiemurphy_2

The witness stamens from the claimant claims that the defence I have submitted is taken from the internet and I know nothing about the details I have described in my defence. Do I need to address this in my WS? 

amiemurphy_2

Coupon-mad said:

amiemurphy_2 said:

National Parking Management Ltd.

@Coupon-mad thank you for your advice. I have received the claimants evidence and they have included many of photos of my partner getting in and out of the vehicle. Should I mention this in my WS as not being me. 

Yes.

Show us both sides if the NTK that is in Gladstones evidence. Is it POFA compliant?

And tell us who signed their WS please, a paralegal?

What is pofa ?

patient_dream

amiemurphy_2 said:

Coupon-mad said:

amiemurphy_2 said:

National Parking Management Ltd.

@Coupon-mad thank you for your advice. I have received the claimants evidence and they have included many of photos of my partner getting in and out of the vehicle. Should I mention this in my WS as not being me. 

Yes.

Show us both sides if the NTK that is in Gladstones evidence. Is it POFA compliant?

And tell us who signed their WS please, a paralegal?

What is pofa ?

Protection of Freedoms Act 2012,

amiemurphy_2

patient_dream said:

amiemurphy_2 said:

Coupon-mad said:

amiemurphy_2 said:

National Parking Management Ltd.

@Coupon-mad thank you for your advice. I have received the claimants evidence and they have included many of photos of my partner getting in and out of the vehicle. Should I mention this in my WS as not being me. 

Yes.

Show us both sides if the NTK that is in Gladstones evidence. Is it POFA compliant?

And tell us who signed their WS please, a paralegal?

What is pofa ?

Protection of Freedoms Act 2012,

Is it in breach here? Do I need to cite this in my evidence/WS? Thanks so much 

amiemurphy_2

Could somebody please advise what I should include in my witness statement. As I really need to email it today. I’m unsure why to include - as if it’s clear I’m not the driver , is it even relevant to be talking about the visibility/clarity if the signs? 

amiemurphy_2

Below is what I have drafted for my witness statement . I am unsure whether the points on POFA or the consumer rights act are relevant to my case. I would really appreciate some advice. Really need to submit today  

I make this statement in support of my Defence dated 30/01/2025. I believe that the facts stated in this Witness Statement are true.

1. Introduction

1.1 I am the Defendant in this claim and the registered keeper of the vehicle NA18 YTG on the date of the alleged incident.

1.2 This statement sets out the events and circumstances relevant to the parking charge notice (PCN) issued by National Parking Management (the Claimant) concerning an alleged parking contravention at Woodgrange Road on 08/03/2024.

2. Circumstances of the Alleged Incident

2.1 Upon receiving the PCN I had no recollection of the site or parking on the site. 

2.2 As a conscientious driver, I would not have  intentionally parked in a restricted area.

3. Examination of Claimant's Evidence 

3.1 Regarding Exhibit GS2 - The claimant has submitted two computer graphic images of signage I presume is supposed to be relevant to the alleged contravention. It is not clear to me if these images match the signs displayed at the site of the alleged contravention. 

3.2 Regarding Exhibit GS3 - The Claimant has submitted a number of photographs dated 13/01/2023 of the alleged site where my vehicle was parked and the corresponding signage relevant to the claim. I contend that it cannot be presumed that these photographs are relevant to the contravention date which is more than a year later after these photographs were taken. 

3.3 Regarding  Exhibit GS4 - the claimant has submitted a number of photographs revealing that I was not the driver of the vehicle at the time of the contravention. This would explain why I could not remember parking at this site. 

4. Evidence I have submitted - 

4.1 I visited the site listed on the PCN to confirm the reliability of the Claimants evidence (namely photographs Exhibit Gs3 and Gs4). I found the site appearance and signage to be changed from the photos submitted under exhibits GS3 and GS4 dated 23/01/2024. 

4.2 I have submitted my own recent photographs namely exhibits AM1, AM2 and AM3 dated 27th august 2025 to demonstrate the current site and signage.

It is unknown when the changes to the site and the signage occurred. It’s possible that these change’s occurred before or after the contravention date. This would put into question the reliability of the Claimants exhibits GS3 and GS4.

4.2 I believe the signage depicted in my exhibits AM1, AM2 and AM3 to be insufficient as to the purpose of forming a legal contract with an unsuspecting motorist. The small print is unintelligible from any distance more than 1 metre away. I found only a sign erected on the left side of the entrance to this road but nothing on the right side that would be visible to a driver making a right hand turn into the entrance of this site. See Exhibit AM3. 

4.3 The sign displayed at the entrance to the site (on the left side) is a different sign than that submitted in the Claimants evidence exhibit GS3. It is now a smaller sign that only directs you to find information at another location. As shown in my evidence exhibit AM2.

There is only one sign on the right hand wall of the site that would be apparent to a motorist once on the site. See exhibit AM3. 

5. Reiteration of Defence Points

5.1 I reiterate my core defence points already submitted to the Court:

* No Contract Formed: I was not the driver of the vehicle as revealed in the Claimants evidence Exhibit GS4 and therefore the Claimant has provided no evidence that could have formed a legally binding contract for a charge of £170. Without such proof, no contract was agreed.

* Disproportionate Charge and Penalty: The charge of £170, is an unconscionable penalty and does not represent a genuine pre-estimate of any loss incurred by the Claimant or landowner.

* Lack of POFA 2012 Compliance: The Claimant is put to strict proof of full compliance with Schedule 4 of the Protection of Freedoms Act 2012. Namely, My Defence details specific areas of non-compliance.

* Lack of Authority: I deny the Claimant has the necessary authority from the landowner to form contracts or pursue claims in their own name.

* Consumer Rights Act 2015 Breaches: The Claimant's terms and notices, if any existed prominently, would likely breach the fairness and clarity requirements of the CRA 2015.

6. Conclusion

6.1 For the reasons outlined in my Defence and further elaborated in this Witness Statement, particularly given the demonstrably unreliable and unidentifiable nature of the Claimant's own evidence, I respectfully submit that the Claimant's claim has no merit and should be dismissed in its entirety.

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Coupon-mad

No idea because we haven't seen the NTK that I asked to see?

amiemurphy_2

I’m so sorry I thought I had posted it !