Gladstones / Euro Car Parks / CCJ / Wrong Address

Another update for you guys!

After sending directions Questionaire off I have received a 'Notice of Allocation To the Small Claims Track (Hearing)' Document stating the following:

- Judge has allocated the claim to the small claims track

- Unless the claimant does by Xpm on XX XX XX pay the court the trial fee of £25 or file a properly completed application then the claim will be struck out with effect of XX XX XX without further order and, unless the court orders otherwise you will also be liable for the costs which the defendant has incurred.

Then just general info on hearing date and when to submit particulars of claim etc.

So fingers crossed they don't bother filing a properly completed application and it gets struck out, but I expect the worst and going right to the end of this, a bloody year later!

Time to get my paperwork together.

I've created a new Witness statement, kept it as simple as possible and focused on not receiving any documents from the claimant (Only breifly seeing them in court at set aside). Let me know of any points I should add and I will post tomorrow.

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I am XXXXXX and I am the Defendant in this matter. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.!

1. The facts set out in this Witness Statement are true to the best of my knowledge and belief and are within my own knowledge unless stated to the contrary.

2. I have not received any paperwork or particulars of claim from the Claimant through this entire process thus was never able to properly challenge the Claimant!!!8217;s claim.

3. On 28/02/2018 as advised by the court, I emailed the claimant asking for a copy of the particulars of claim, this has been ignored

4. On 08/05/2018 I emailed the claimant again asking for a copy of the particulars of claim and again this has been ignored.

5. On 03/07/2018 I attempted again to obtain any documents from the claimants via email to which it has been ignored once again.

6. The claimant has failed to serve the defendant with any copies of the particulars of claim to file a full defence.

7. I believe the particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed the particulars of claim are not clear and concise as is required by CPR 16.4 1(a)

8. I further submit that the Claimant!!!8217;s claim is without merit due to substantial issues in law. This is for the following main reasons:

8.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.

8.2. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.

8.3. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Claimant.

9. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

10. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: XXXXXXXXX

Dated XX/XX/XX

Signed: __________________________________