Euro Parking COURT DATE despite following advice. HELP!!

beaniemans

Hi I want to make this brief initially not to waste time or identify myself but basically I have followed all of the advice (including Newbie stuff) on the thread but I now have a court date with Euro Parking,

I parked on a petrol station forecourt and Euro Parking claim I went off the premises, thus breaking the contract I entered when I saw their signs which claim parking is for " CUSTOMERS/VISITORS OF XXX SERVICE STATION ONLY WHILST YOU REMAIN ON THE PREMISES"

I used all the templates and defended my case using the precedent cases (Bevis etc). My main defence is that I was using the petrol station services. There are pics of me on the forecourt and near the boundaries. 

Please can someone contact me or advise on how I should proceed. I'd rather not head to court blind with no legal know how.

Any help much appreciated!
Thanks

Gr1pr

So exactly which company and lawyers are on the claim form   ?

EURO Parking Services and possibly Gladstones,  or ECP and DCB Legal   ?

beaniemans

It's Gladstones

They have sent me their claimant witness statement which includes pictures of "the driver" at the garage and the original tickets. Their claim is there was a contravention as "the driver" went off the garage premises. The pictures show "the driver" was there for three minutes total. 

Thanks for your replys

beaniemans

Just to clarify there is no proof of anyone leaving the premises. Just the car arriving and leaving after three minutes.There are pictures of the driver near the boundary of the forecourt

Car1980

Can you show us their witness statement?

beaniemans

Hi Carl1980 

I can but slightly reluctant without considering implications. What info should I omit before posting? Or can I send it privately? Don't want names, pics of the driver etc up on the public forum obviously.

I appreciate your help 

Thanks 

Coupon-mad

And have you sent your WS? You probably had the same deadline in the Hearing Order, as Gladstones did.

beaniemans

I haven't sent my witness statement to Gladstones yet. Has to be with the by early October, I'm just researching how to go about it.

Thanks 

Gr1pr

Whatever you post, it should not reveal personal or private details or photos of people,  no reference numbers, no data,  but can include dates etc

beaniemans

Hi apologies for the delay in my response. I'm not great with technology so working out best way to upload witness statement without my details on it has taken me a while. Here are pics of the statement. Thanks 

Car1980

Ok, that's the usual template from them. The hypocrisy of accusing you of using a template in their own template seems to be lost on them.

Your are vague on leaving the premises.

You either didn't - in which case your witness statement would be very short and you'd be saying you didn't, no contractual breach took place and their photos do not show you leaving; because you didn't.

If you were on your phone or something and were wandering around over and back over some sort of boundary you'd be arguing no boundary demarcation and de minimis.

If you left the premises you'd be arguing against signage and lack of boundary demarcation. Being charged £100 for leaving is an onorous term (see Denning's red hand) ie. if there an exit path you can't just rely on a sign a few metres away. The onus is on the Claimat to make restrictions clear. They need to have something like a red line on the tarmac and a clear sign at that point saying you agree to pay if you leave. The clearer they make things the less people go off premises and they make less money. So when the say "clear signage" etc, you have to argue that is not actually true because if it was so, nobody would receive a ticket etc. Especially true if you are receiving repeat charges.

Search the forum for other WS examples.