GLADSTONES, EPS court claim at WS stage

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82083297#Comment_82083297

All easily findable on google

Coupon-mad

And you don't email the Claimant!

This stage is all explained in post 2 of the NEWBIES thread. It's not just your story. There's a whole recommended list of exhibits in the NEWBIES thread and a search term for how to find recent good WS to copy the style.

You also need the link to HHJ Moloney's judgment. As seen in recent WS.

Show us your draft after you've read the above and studied & plagiarised three or four WS from this year with HHJ Moloney's judgment linked.

bradders1988

IN THE COUNTY COURT AT [REDACTED]

Claim No: [REDACTED]

Between
[Parking Company] (Claimant)
and
[Defendant] (Defendant)

WITNESS STATEMENT OF [DEFENDANT]

1. I, [DEFENDANT], of [ADDRESS REDACTED], am the Defendant. This witness statement supports my Defence already filed.

2. I was the registered keeper and driver of the vehicle on the material date.

3. On the material date I parked in the claimant's car park.

4. I entered the relevant retail premises and made a purchase. Proof of purchase is exhibited at BA6.

5. After leaving the store I also attended nearby premises. I accept my vehicle remained parked longer than the period alleged by the Claimant.

6. My case is not that the vehicle was elsewhere. My case is that the Claimant has failed to prove that the contractual terms, including the alleged maximum stay and parking charge, were prominently displayed and incorporated into any contract.

7. I revisited the site and took photographs showing the layout and signage, exhibited at BA1–BA5.

8. Although signage stated the parking area was for customers, I do not believe the detailed contractual terms relied upon by the Claimant were sufficiently prominent to bind a reasonable motorist.

9. Had the terms and the consequence of a parking charge been clearly brought to my attention, I would have moved my vehicle or parked elsewhere.

10. I rely upon the legal arguments in my Defence, including the authorities exhibited at BA7 (Beavis comparison sign), BA8 (Civil Enforcement Ltd v Chan) and BA9 (CPMS Ltd v Akande).

11. I respectfully invite the Court to dismiss the claim.

Statement of Truth

I believe that the facts stated in this witness statement are true.

Signed: __________________

Dated: ________________

Le_Kirk

You can find the email address of the court using the court finder on Gov.uk: - https://www.find-court-tribunal.service.gov.uk/search-by-name

I have Enquiries@gladstonessolicitors.co.uk stored for gladrags, sometimes info@ works

Le_Kirk

That statement of truth is out of date, search for the new, longer one.

bradders1988

https://forums.moneysavingexpert.com/discussion/comment/82083596#Comment_82083596

can I just take the statement of truth bit out and keep it as it is

Car1980

Your WS needs work. It sounds like the claimant's!

 I accept my vehicle remained parked longer than the period alleged by the Claimant.

Don't admit that!

8. Although signage stated the parking area was for customers,

But you were a customer?

My case is that the Claimant has failed to prove that the contractual terms, including the alleged maximum stay and parking charge, were prominently displayed and incorporated into any contract.

How? You need to explain.

Was there an entrance sign?

Show us your photos.

bradders1988

https://forums.moneysavingexpert.com/discussion/comment/82083614#Comment_82083614

right I’ve removed those three points entirely. I have until today to file this?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82083609#Comment_82083609

No, the full, longer, current, correct statement of truth should be used in any WS

Your exhibits must be numbered as well as listed , such as ABC01, ABC02 where the letters are Your initials

bradders1988

https://forums.moneysavingexpert.com/discussion/comment/82083634#Comment_82083634

they are??? BA1 BA2 etc? I’m lost now what haven’t I done in the witness statement? Where can I see what to do? I think next time I’ll pay what they want lol it’s just too painful