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  • FIRST POST
    • one_cruzer
    • By one_cruzer 29th Oct 18, 9:08 AM
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    one_cruzer
    URGENT Small Claims Court - Gladstone Solictors acting for EPS (Euro Parking Services Ltd)
    • #1
    • 29th Oct 18, 9:08 AM
    URGENT Small Claims Court - Gladstone Solictors acting for EPS (Euro Parking Services Ltd) 29th Oct 18 at 9:08 AM
    Case Summary - Parking without a permit - Gladstone are acting on behalf of EPS and have pursued this case onto the small claims track county court. The hearing is in about 10 days.

    Received witness statement from Euro Parking Services Ltd from Gladstone Solicitors. I filed in a defence statement to the claim form a while back and Gladstone have now sent a witness statement with evidence instead of replying back to my defence statement. The witness statement is about 20 pages long and I don't know where to start. They have also mentioned that they are under the assumption that there client is not attending however on occasions the client may wish to attend.


    Any help to win this case will be much appreciated
Page 1
    • one_cruzer
    • By one_cruzer 29th Oct 18, 9:40 AM
    • 32 Posts
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    one_cruzer
    • #2
    • 29th Oct 18, 9:40 AM
    • #2
    • 29th Oct 18, 9:40 AM
    My defence statement is as follows:


    1) It is admitted that the defendant, ******, residing at
    ******** is the registered keeper of the vehicle.
    2) It is denied that any indemnity costs are owed and any debt is
    denied in its entirety.
    3) No evidence has been supplied by this claimant as to who parked
    the vehicle. Under the Protection of Freedoms Act 2012 there is no
    presumption in law as to who parked a vehicle on private land nor
    does there exist any obligation for a keeper to name a driver. I
    choose to defend this claim as the registered keeper, as is my
    right.
    4) This is a completely unsubstantiated and inflated three-figure
    sum, vaguely and incoherently adduced by the claimant's solicitors
    in their claim. The Particulars are not clear and concise, so I
    have had to cover all eventualities in defending a 'cut & paste'
    claim. This has caused significant distress and has denied me a
    fair chance to defend this claim in an informed way.
    5) As an unrepresented litigant-in-person I respectfully ask that
    I be permitted to amend and or supplement this interim defence as
    may be required following a fuller disclosure of the Claimant's
    case.
    6) This claim merely states: “parking charges and indemnity costs”
    which does not give any indication of on what basis the claim is
    brought. For example whether this charge is founded upon an
    allegation of trespass or 'breach of contract' or contractual
    'unpaid fees'. Nor are any or coherent grounds for any lawful
    claim particularised, nor were any details provided to evidence
    any contract created nor any copy of this contract, nor
    explanation for the vague description 'parking charges' and
    'indemnity costs'.
    7) The Claimant’s solicitors are known to be a serial issuer of
    generic claims similar to this one, with no due diligence, no
    scrutiny of details nor even checking for a true cause of action.
    HMCS have identified over 1000 similar poorly produced claims and
    the solicitor's conduct in many of these cases is believed to be
    currently the subject of an active investigation by the SRA.
    8) I believe the term for such conduct is ‘robo-claims’ which is
    against the public interest, demonstrates a disregard for the
    dignity of the court and is unfair on unrepresented consumers. I
    have reason to believe that this is a claim that will proceed
    without any facts or evidence supplied until the last possible
    minute, to my significant detriment as an unrepresented Defendant.
    9) I suggest that parking companies using the small claims track
    as a form of aggressive, automated debt collection is not
    something the courts should be seen to support.
    10) It is denied that the Claimant has authority to bring this
    claim. The proper Claimant (if any debt exists, which is denied)
    would be the landowner.
    11) The alleged debt as described in the claim are unenforceable
    penalties, being just the sort of unconscionable charges exposed
    as offending against the penalty rule, in ParkingEye Ltd v Beavis.

    14) It is submitted that (apart from properly incurred court fees)
    any added legal fees/costs are simply numbers made up out of thin
    air, and are an attempt at double recovery by the Claimant, which
    would not be recoverable in the small claims court. The lack of
    diligence in this claim demonstrates admirably that at best a
    ‘copy and paste' is the closest a human, legally trained or not,
    came to the information transmitted from claimant to the Money
    Claims Online system. There are no and POFA prevents claims
    exceeding the sum on the original parking notice.
    15) It is denied that there was any 'relevant obligation' or
    'relevant contract' relating to any single parking event.
    16) In the pre court stage, there has been no Notice of Owner
    received and Letter before claim. The Claimant’s solicitor has not
    provided this or the claimant in order to defend myself against
    the alleged debt.
    17) The defendant denies the claim in its entirety voiding any
    liability to the claimant for all amounts claimed due to the
    aforementioned reasons. It is submitted that the conduct of the
    Claimant is wholly unreasonable and vexatious. As such, I am
    keeping a note of my wasted time/costs in dealing with this
    matter.
    18) I request the court strike out this claim for the reasons
    stated above, and for similar reasons cited by District Judge
    Cross of St Albans County Court on 20/09/16 where a similar claim
    was struck out without a hearing, due to Gladstones' template
    particulars for a private parking firm being 'incoherent', failing
    to comply with CPR16.4, and ''providing no facts that could give
    rise to any apparent claim in law''.

    Points 12 and 13 not included due to technical error on the system
    on Money Claim Online
    • bargepole
    • By bargepole 29th Oct 18, 9:48 AM
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    bargepole
    • #3
    • 29th Oct 18, 9:48 AM
    • #3
    • 29th Oct 18, 9:48 AM
    I filed in a defence statement to the claim form a while back and Gladstone have now sent a witness statement with evidence instead of replying back to my defence statement. The witness statement is about 20 pages long and I don't know where to start.
    Originally posted by one_cruzer
    Gladstones were not required to 'reply to your defence statement'.

    It is likely that they read the Directions given in the Notice of Allocation, which you have clearly failed to do, which will have stated that Witness Statements and evidence must be filed and served not later than 14 days before the hearing.

    As you are already past that deadline, I suggest that you get this done asap, preferably today, and hope that you don't get a hanging Judge.

    However, since your Defence contains no facts, a load of irrelevant ranting, and an open invitation for the Judge to conclude, on balance of probabilities, that you were the driver, I wouldn't rate your chances of winning very highly.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 34, lost 10), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • one_cruzer
    • By one_cruzer 29th Oct 18, 9:50 AM
    • 32 Posts
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    one_cruzer
    • #4
    • 29th Oct 18, 9:50 AM
    • #4
    • 29th Oct 18, 9:50 AM
    Thanks for your reply. What could I put in my witness statement?
    • bargepole
    • By bargepole 29th Oct 18, 9:58 AM
    • 2,455 Posts
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    bargepole
    • #5
    • 29th Oct 18, 9:58 AM
    • #5
    • 29th Oct 18, 9:58 AM
    Thanks for your reply. What could I put in my witness statement?
    Originally posted by one_cruzer
    The facts of what actually happened on the day that the PCN was issued.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 34, lost 10), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • one_cruzer
    • By one_cruzer 29th Oct 18, 10:14 AM
    • 32 Posts
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    one_cruzer
    • #6
    • 29th Oct 18, 10:14 AM
    • #6
    • 29th Oct 18, 10:14 AM
    Is there any guidance at all or templates to suit my case?
    • Coupon-mad
    • By Coupon-mad 29th Oct 18, 10:16 AM
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    Coupon-mad
    • #7
    • 29th Oct 18, 10:16 AM
    • #7
    • 29th Oct 18, 10:16 AM
    Yes - in the NEWBIES thread post #2, where it tells you about WS and evidence stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • one_cruzer
    • By one_cruzer 4th Nov 18, 4:53 PM
    • 32 Posts
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    one_cruzer
    • #8
    • 4th Nov 18, 4:53 PM
    • #8
    • 4th Nov 18, 4:53 PM
    I've just checked the Judge's direction and it states that by the 1st September 2018 the Claimant and the Defendant must send to the Court and to each other copies of the witness statements of all the witnesses they intend to rely upon at the final hearing. Gladstone's have sent their witness statement from Euro Parking Services Limited dated 23rd October 2018. I must admit I haven't submitted my WS. Gladstones or Euro Parking Services haven't provided any evidence including pictures of up until now in regards to the parking charge which I consider last minute in the WS they have provided. Is it possible to ask the judge to strike the claim out as the deadline was passed? Is it still worth writing out the WS and submitted it as the deadline has been missed?


    Gladstones Solicitors have also sent in a letter that 'The assumption is that our client is not attending the hearing and therefore we kindly request this notice to be treated as a notice pursuant to CPR 27.9. How ever on some occasions our Client may wish to attend and will do so'. I consider this to be ambiguous and that this doesn't really follow the CPR 27.9.


    I've had a look at their witness statement which includes evidence from the director as the witness. I believe the Director of the Company cannot be the witness as he was not there when the alleged breach for parking was not there. The employee of the company who took the pictures of the alleged debt has not been included in the witness statement which seems strange. Should the WS of been from the employee of the company?
    • KeithP
    • By KeithP 4th Nov 18, 5:05 PM
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    KeithP
    • #9
    • 4th Nov 18, 5:05 PM
    • #9
    • 4th Nov 18, 5:05 PM
    The guidance you were offered a week ago was along the lines of "get your witness statement in today".

    Did you do that?

    I cannot see that you asking a judge to dismiss the claim because the Claimant was late with their WS, when you haven't submitted one at all, is a good idea.

    Again, your best bet is to get you Witness Statement and evidence to the court first thing tomorrow morning.
    .
    • one_cruzer
    • By one_cruzer 4th Nov 18, 6:30 PM
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    one_cruzer
    The points that I have posted have not been answered? I can submit the WS without a problem, is it ok to go to the court and hand them in person?
    • Coupon-mad
    • By Coupon-mad 4th Nov 18, 6:39 PM
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    Coupon-mad
    Gladstones Solicitors have also sent in a letter that 'The assumption is that our client is not attending the hearing and therefore we kindly request this notice to be treated as a notice pursuant to CPR 27.9. How ever on some occasions our Client may wish to attend and will do so'. I consider this to be ambiguous and that this doesn't really follow the CPR 27.9.
    That's normal for Gladstones, standard blurb.
    is it ok to go to the court and hand them in person?
    Your WS and evidence? Yes, in person is best as you want to supply something that's ordered/numbered and easy for the Judge to read when you turn up at the hearing.

    Hand in a ring binder in advance, with all numbered pages and a contents page, including a draft Costs Schedule as well as all your evidence and WS.

    The front of the ring binder should state the date/time of the hearing and DEFENDANT'S WITNESS STATEMENT AND EVIDENCE.

    I've just checked the Judge's direction and it states that by the 1st September 2018 the Claimant and the Defendant must...
    SEPTEMBER? Surely you are not over 2 months late?

    I must admit I haven't submitted my WS.
    You are more at fault than the Claimant so sort that out MONDAY MORNING!
    Last edited by Coupon-mad; 04-11-2018 at 6:42 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • one_cruzer
    • By one_cruzer 4th Nov 18, 6:49 PM
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    one_cruzer
    That blurb is ambiguous and I don't think it's compliant with the CPR 27.9, as it states they need to give written notice if they are not attending. The blurb they have provided is saying they might or might not attend the hearing.
    Last edited by one_cruzer; 04-11-2018 at 6:53 PM.
    • Coupon-mad
    • By Coupon-mad 4th Nov 18, 6:51 PM
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    Coupon-mad
    We know - but a Judge in a case this week said ''Gladstones always state that'' and was quite content when they didn't turn up (and the Defending person won, as usual!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • one_cruzer
    • By one_cruzer 4th Nov 18, 6:53 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    I've seen their WS, can I make any reference to this in my WS or would this be in my SA?
    • KeithP
    • By KeithP 4th Nov 18, 6:59 PM
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    KeithP
    The points that I have posted have not been answered?
    Originally posted by one_cruzer
    And neither has the question I asked.

    Good luck.
    .
    • Coupon-mad
    • By Coupon-mad 4th Nov 18, 7:02 PM
    • 63,887 Posts
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    Coupon-mad
    I've seen their WS, can I make any reference to this in my WS or would this be in my SA?
    Originally posted by one_cruzer
    Yes you can, and you will know this when you read the examples of WS that are linked for everyone in the NEWBIES thread 2nd post.

    There is also a brief list of some suggested EVIDENCE to include, with links (e.g. the Beavis case sign as a comparison with their small print one).

    Everything you are asking is already in the NEWBIES thread, as was the fact you were not meant to sit and wait and go past your deadline, expecting the scammers to blink first...

    Now they have beaten you to the deadline and your delay is worse.

    But don't mention that or apologise for the delay in your WS - just GET ON WITH IT!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • one_cruzer
    • By one_cruzer 4th Nov 18, 7:14 PM
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    • 3 Thanks
    one_cruzer
    This is my draft, please let me know what you think? Some bits are copy and pasted or does it need to be in my own words?

    Please see below
    In the County Court at XXXX
    Claim No: XXXXXX
    Between
    Euro Parking Services Ltd (Claimant)
    and
    One Cruzer (Defendant)

    -------------------------
    Witness Statement
    -------------------------

    1. I am One Cruzer, of XXXX, the Defendant in this matter. I will say as follows:

    2) It is denied that any indemnity costs are owed and any debt is denied in its entirety.

    3) No evidence has been supplied by this claimant as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land nor does there exist any obligation for a keeper to name a driver. I choose to defend this claim as the registered keeper, as is my right.

    4) This is a completely unsubstantiated and inflated three-figure sum, vaguely and incoherently adduced by the claimant's solicitors in their claim. The Particulars are not clear and concise, so I have had to cover all eventualities in defending a 'cut & paste' claim. This has caused significant distress and has denied me a fair chance to defend this claim in an informed way.

    5) As an unrepresented litigant-in-person I respectfully ask that I be permitted to amend and or supplement this interim defence as may be required following a fuller disclosure of the Claimant's case which was only provided at the last minute.


    6) This claim merely states: “parking charges and indemnity costs” which does not give any indication of on what basis the claim is brought. For example whether this charge is founded upon an allegation of trespass or 'breach of contract' or contractual 'unpaid fees'. Nor are any or coherent grounds for any lawful claim particularised, nor were any details provided to evidence any contract created nor any copy of this contract, nor explanation for the vague description 'parking charges' and 'indemnity costs'.

    7) The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.

    8) I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.


    9) I suggest that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support.


    10) It is denied that the Claimant has authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.

    11) The alleged debt as described in the claim are unenforceable penalties, being just the sort of unconscionable charges exposed as offending against the penalty rule, in ParkingEye Ltd v Beavis.

    12) The claimant may try to rely upon ParkingEye Ltd v Beavis [2015] UKSC 67, ('the Beavis case') yet ParkingEye would not have been able to recover any sum at all without 'agreement on the charge'. In the Beavis case, the £85 charge was held to be allowable to act as a disincentive in that case only, based upon very specific and unique facts in a 'complex' case involving the existence of a specific legitimate interest from the landowners regarding turnover of parking spaces and very clear, brief and prominent signs. In fact, the Supreme Court Judges observed that it would be unfair if drivers were to be penalised for parking slightly out of bay lines when causing no obstruction (this was specifically mentioned at the hearing and was clearly not something they would have allowed). Further, it was held at the Court of Appeal that a parking charge sum of £135 would fail the penalty rule. The authority for this is 'Parkingeye Ltd v Somerfield Stores Ltd [2012] EWCA Civ 1338 (17 October 2012)'.
    In summary this case differs to 'the Beavis case' as:
    i) The Private Parking Charge has not followed an "effectively binding" code of practice.
    ii) The Claimant has no commercial justification
    iii) The Claimant did not follow the IPC or BPA Code of Practice
    iv) The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question
    v) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable.

    13) Notwithstanding that the Claimant claims no right to pursue the Defendant as the registered keeper under The Protection of Freedoms Act 2012, the Claimant has failed to meet the conditions of the Act and has never acquired any right to pursue the Defendant in this capacity if it cannot identify the driver. This distinguishes the case from Elliott vs Loake (1982) in which there was irrefutable evidence of the drivers identity. The Protection of Freedom Act 2012 Schedule 4 has not being complied with and the claimant may not quote reasonable assumption. PATAS and POPLA Lead Adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, "There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and operators should never suggest anything of the sort"(2015).


    14) It is submitted that (apart from properly incurred court fees) any added legal fees/costs are simply numbers made up out of thin air, and are an attempt at double recovery by the Claimant, which would not be recoverable in the small claims court. The lack of diligence in this claim demonstrates admirably that at best a ‘copy and paste' is the closest a human, legally trained or not, came to the information transmitted from claimant to the Money Claims Online system. There are no real costs and POFA prevents claims exceeding the sum on the original parking notice.


    15) It is denied that there was any 'relevant obligation' or 'relevant contract' relating to any single parking event.


    16) In the pre court stage, there has been no Notice of Owner received and Letter before claim. The Claimant’s solicitor has not provided this or the claimant in order to defend myself against the alleged debt. There has been no evidence from the claimant in terms of any proof of postage being obtained if this is the case.

    17) I request the court strike out this claim for the reasons stated above, and for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstones' template particulars for a private parking firm being 'incoherent', failing to comply with CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''.

    18) The signs are not prominent, clear or legible and there is insufficient notice of the sum of the parking charge itself
    19) I note that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given 'adequate notice' of the charge. POFA 2012 defines 'adequate notice' as follows:

    ''(3) For the purposes of sub-paragraph (2) 'adequate notice' means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land''.

    20) Even in circumstances where POFA 2012 does not apply, I believe this to be a reasonable standard to use when making my own assessment, as appellant, of the signage in place at the location. Having considered the signage in place at this particular site against the requirements of Section 18 of the BPA Code of Practice and POFA 2012, I am of the view that the signage at the site - given the minuscule font size of the £100, which is illegible in most photographs and does not appear at all at the entrance - is NOT sufficient to bring the parking charge (i.e. the sum itself) to the attention of the motorist.

    21) There was no contract or agreement on the 'parking charge' at all. It is submitted that the driver did not have a fair opportunity to read about any terms involving this huge charge, which is out of all proportion and not saved by the dissimilar 'ParkingEye Ltd v Beavis' case.

    22) In the Beavis case, which turned on specific facts relating only to the signs at that site and the unique interests and intentions of the landowners, the signs were unusually clear and not a typical example for this notorious industry. The Supreme Court were keen to point out the decision related to that car park and those facts only:

    Please see Evidence 1.1 – Supreme Court

    23) In the Beavis case, the £85 charge itself was in the largest font size with a contrasting colour background and the terms were legible, fairly concise and unambiguous. There were 'large lettering' signs at the entrance and all around the car park, according to the Judges. I refer the 'Beavis case' sign as a comparison to the signs under dispute in this case:


    Please see Evidence 1.2 – showing picture of the sign in relation to the Beavis Case


    24) This case, by comparison, does not demonstrate an example of the 'large lettering' and 'prominent signage' that impressed the Supreme Court Judges and swayed them into deciding that in the specific car park in the Beavis case alone, a contract and 'agreement on the charge' existed. Here, the signs are sporadically placed, indeed obscured and hidden in some areas. They are unremarkable, not immediately obvious as parking terms and the wording is mostly illegible, being crowded and cluttered with a lack of white space as a background. It is indisputable that placing letters too close together in order to fit more information into a smaller space can drastically reduce the legibility of a sign, especially one which must be read BEFORE the action of parking and leaving the car.

    25) It is vital to observe, since 'adequate notice of the parking charge' is mandatory under the POFA Schedule 4 and the BPA Code of Practice, these signs do not clearly mention the parking charge which is hidden in small print (and does not feature at all on some of the signs). Areas of this site are unsigned and there are no full terms displayed - i.e. with the sum of the parking charge itself in large lettering - at the entrance either, so it cannot be assumed that a driver drove past and could read a legible sign, nor parked near one.

    26) This case is more similar to the signage in POPLA decision 5960956830 on 2.6.16, where the Assessor Rochelle Merritt found as fact that signs in a similar size font in a busy car park where other unrelated signs were far larger, was inadequate:

    ''the signage is not of a good enough size to afford motorists the chance to read and understand the terms and conditions before deciding to remain in the car park. [...] In addition the operators signs would not be clearly visible from a parking space [...] The appellant has raised other grounds for appeal but I have not dealt with these as I have allowed the appeal.''

    27) From the evidence I have seen so far, the terms appear to be displayed inadequately, in letters no normal person could see as the lettering is small in context to text size. I put the operator to strict proof as to the size of the wording on their signs and the size of lettering for the most onerous term, the parking charge itself.

    The letters seem to be no larger than .40 font size going by this guide:

    **LINK**
    As further evidence that this is inadequate notice, Letter Height Visibility is discussed here:

    **LINK**

    ''When designing your sign, consider how you will be using it, as well as how far away the readers you want to impact will be. For example, if you are placing a sales advertisement inside your retail store, your text only needs to be visible to the people in the store. 1-2' letters (or smaller) would work just fine. However, if you are hanging banners and want drivers on a nearby highway to be able to see them, design your letters at 3' or even larger.''


    ...and the same chart is reproduced here:

    **LINK**

    ''When designing an outdoor sign for your business keep in mind the readability of the letters. Letters always look smaller when mounted high onto an outdoor wall''.

    ''...a guideline for selecting sign letters. Multiply the letter height by 10 and that is the best viewing distance in feet. Multiply the best viewing distance by 4 and that is the max viewing distance.''

    So, a letter height of just half an inch, showing the terms and the 'charge' and placed high on a wall or pole or buried in far too crowded small print, is woefully inadequate in an outdoor car park. Given that letters look smaller when high up on a wall or pole, as the angle renders the words less readable due to the perspective and height, you would have to stand right in front of it and still need a stepladder (and perhaps a torch and/or magnifying glass) to be able to read the terms.

    Under Lord Denning's Red Hand Rule, the charge (being 'out of all proportion' with expectations of drivers in this car park and which is the most onerous of terms) should have been effectively: 'in red letters with a red hand pointing to it' - i.e. VERY clear and prominent with the terms in large lettering, as was found to be the case in the car park in 'Beavis'. A reasonable interpretation of the 'red hand rule' and the 'signage visibility distance' tables above and the BPA Code of Practice, taking all information into account, would require a parking charge and the terms to be displayed far more transparently, on a lower sign and in far larger lettering, with fewer words and more 'white space' as background contrast. Indeed in the Consumer Rights Act 2015 there is a 'Requirement for transparency':

    (1) A trader must ensure that a written term of a consumer contract, or a consumer notice in writing, is transparent.
    (2) A consumer notice is transparent for the purposes of subsection (1) if it is expressed in plain and intelligible language and it is legible.

    The Beavis case signs not being similar to the signs in this appeal at all, I submit that the persuasive case law is in fact 'Vine v London Borough of Waltham Forest [2000] EWCA Civ 106' about a driver not seeing the terms and consequently, she was NOT deemed bound by them.

    This judgment is binding case law from the Court of Appeal and supports my argument, not the operator's case:

    **LINK TO CASE**

    This was a victory for the motorist and found that, where terms on a sign are not seen and the area is not clearly marked/signed with prominent terms, the driver has not consented to - and cannot have 'breached' - an unknown contract because there is no contract capable of being established. The driver in that case (who had not seen any signs/lines) had NOT entered into a contract. The recorder made a clear finding of fact that the plaintiff, Miss Vine, did not see a sign because the area was not clearly marked as 'private land' and the signs were obscured/not adjacent to the car and could not have been seen and read from a driver's seat before parking.

    So, for this appeal, I put this operator to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective. Equally, I require this operator to show how the entrance signs appear from a driver's seat, not stock examples of 'the sign' in isolation/close-up. I submit that full terms simply cannot be read from a car before parking and mere 'stock examples' of close-ups of the (alleged) signage terms will not be sufficient to disprove this.


    28) It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

    29) I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.


    Statement of Truth

    I believe that the facts stated in this Witness Statement are true.

    Signature
    Date
    • one_cruzer
    • By one_cruzer 4th Nov 18, 7:21 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    I've also included the original reply to their particulars of claim that I submitted as a defence in my draft WS
    Last edited by one_cruzer; 04-11-2018 at 7:24 PM.
    • Coupon-mad
    • By Coupon-mad 4th Nov 18, 7:39 PM
    • 63,887 Posts
    • 76,542 Thanks
    Coupon-mad
    Reads like a mixture of a defence and a POPLA appeal. Back to the drawing board I'm afraid.

    A WS is meant to be your simple account of the facts as you know them. If you were not driving, say so, or if the claim was received months after the event and you cannot say for sure who was driving, say so and attach evidence that the car had more than one insured driver, etc. Or if defending as driver, say what happened!

    Start again - please read the NEWBIES examples of witness statements and typical evidence.

    Not POPLA appeals and not defences.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • one_cruzer
    • By one_cruzer 4th Nov 18, 10:08 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    This seems very confusing. As Euro Park Services have related to the law and cases in their WS. They have also rebutted my defence statment
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