Parking Control Management (UK) Limited (Gladstones) - Defence Witness Statement

Kpmp54

All - I have a court date middle of October for a parking ticket. We originally received the claim form in c. 2022 but have only recently received a court date in mid Oct 2025 - I think it was lost in the system and somehow now reappeared.  I cannot find the claim form given passage of time, so have requested it from Gladstone's - but I am assuming non-compliance of POC.

They have sent their WS and this has been referenced in my WS. They have also confirmed they will not be attending - we will be attending though.

Here is my completed WS:
https://www.dropbox.com/scl/fi/52i61qp819o0yem0cxxaq/Claim-XXXX-Defendant-Witness-Statement-vSend_Redacted.pdf?rlkey=pxv29sjg6cgxbniqnhsb1mm3c&st=q41avncm&dl=0

My case is based on (1) Non-PoFA 2012 compliance NTK sent 59 days (instead of 56 days) (2) Non-compliance on POC (albeit haven't received it yet but assuming it will be non-compliant) (3) Poor signage (4) Lack of landowner authority and the normal wording in relation to double recovery. 

Any thoughts / suggested tweaks would be welcome. Thanks in advance!

1505grandad

Can you post verbatim a redacted copy of the Defence you filed?

Kpmp54

1505grandad said:

Can you post verbatim a redacted copy of the Defence you filed?

Redacted Defence filed can be found here: 

https://www.dropbox.com/scl/fi/fltpwv48pqest2kcrfz5c/Claim-XXXX-Defendant-Defence-vSend_Redacted.pdf?rlkey=ffi03cfvtm2tdq3tjq7smtwud&st=a1rfe5mc&dl=0

Thank you

Coupon-mad

Kpmp54 said:

1505grandad said:

Can you post verbatim a redacted copy of the Defence you filed?

Redacted Defence filed can be found here: 

https://www.dropbox.com/scl/fi/fltpwv48pqest2kcrfz5c/Claim-XXXX-Defendant-Defence-vSend_Redacted.pdf?rlkey=ffi03cfvtm2tdq3tjq7smtwud&st=a1rfe5mc&dl=0

Thank you

...rest of (DLUHC-age) template defence followed.

Coupon-mad

That WS is a great example of one that includes Smith & Edward as well as Chan and Akande, but I'd remove paras 37 & 38 (not needed). I see you have stated you were not driving, so you can't be held liable.

Also a Costs Assessment isn't an exhibit. Attach it separately as a signed & dated sheet.

The only thing is, your court may well not accept over 50 pages so you might have to:

- reduce it to <50 pages (try merging PDFs for Smith and Edward, then compressing the result. Same with Chan and Akande). That should make the PDFs smaller but I am not sure how that affects page count! Try it, or

- print TWO full copies & hand deliver one to the court... in which case hold back the costs assessment and email that separately with a receipt for the printing, and increase the total accordingly. Then take the other full printed copy with you to the hearing in case the judge needs it, if the court loses it.

1505grandad

 "Car Park Management Services v Akande (10 May 2024, HHJ Evans, Ref. K0DP5J30)"

Pedantic observation  -  no "s" on "Services"  -  check the doc. you are exhibiting.

Castle

1505grandad said:

 "Car Park Management Services v Akande (10 May 2024, HHJ Evans, Ref. K0DP5J30)"

Pedantic observation  -  no "s" on "Services"  -  check the doc. you are exhibiting.

Pedantic observation - even though the Appeal transcript states "Car Park Management Service Ltd" there is no such company registered at Companies House or as an AOS member.

It should have been "Car Park Management Services (CPMS) Ltd." (An IPC AOS member).

1505grandad

@Castle - yes I mentioned this the first time the forum was aware of this case (FWIW)

Kpmp54

Thanks all. Here is POC

Particulars of Claim

The driver of the vehicle with registration XX (the ‘Vehicle’) parked in breach of the terms of parking stipulated on the signage (the ‘Contract’) at XX - SE10, on XX/07/2021 thus incurring the parking charge (the ‘PCN’). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £6.79 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

I assume this falls into the non-compliant POC? So can leave draft as is (except for amendments for comments above)?

Many thanks

Coupon-mad

Yes that is correct.