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  • FIRST POST
    • one_cruzer
    • By one_cruzer 29th Oct 18, 9:08 AM
    • 32Posts
    • 3Thanks
    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 2
    • one_cruzer
    • By one_cruzer 4th Nov 18, 10:13 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    Coupon Mad could you please PM me?
    • Coupon-mad
    • By Coupon-mad 5th Nov 18, 12:07 AM
    • 64,101 Posts
    • 76,688 Thanks
    Coupon-mad
    Sorry I do not do pm's.
    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
    • IamEmanresu
    • By IamEmanresu 5th Nov 18, 5:51 AM
    • 3,769 Posts
    • 6,189 Thanks
    IamEmanresu
    If you can put up their WS so we can all see it, then we all might be able to help. Take identifying information off it.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • one_cruzer
    • By one_cruzer 5th Nov 18, 9:51 AM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    I'm uploading it now to IMG Shack so I can share it with you all for your help and guidance
    • one_cruzer
    • By one_cruzer 5th Nov 18, 9:58 AM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    Please see Gladstones/EPS WS below:


    https://imageshack.com/a/img923/5562/tK8zPf.jpg
    https://imageshack.com/a/img923/7410/iJxv6u.jpg
    https://imageshack.com/a/img921/3752/q8AJ1O.jpg
    https://imageshack.com/a/img921/4480/ecRwEl.jpg
    https://imageshack.com/a/img921/3474/NABVIR.jpg
    https://imageshack.com/a/img921/7182/VTqQRc.jpg
    https://imageshack.com/a/img921/3641/ZBWVKK.jpg
    https://imageshack.com/a/img921/7346/jINr8V.jpg
    https://imageshack.com/a/img921/6359/XAHY8e.jpg
    https://imageshack.com/a/img921/5352/DGlYiU.jpg
    https://imageshack.com/a/img924/5648/KpI1Yd.jpg
    https://imageshack.com/a/img922/7555/cKKLCY.jpg
    https://imageshack.com/a/img922/6828/VeoiKd.jpg
    https://imageshack.com/a/img921/7072/CwPZG5.jpg
    https://imageshack.com/a/img921/9198/uTP4lL.jpg
    https://imageshack.com/a/img921/4215/5NcWW5.jpg
    https://imageshack.com/a/img924/5766/IsRPe2.jpg
    https://imageshack.com/a/img921/269/FkuxCU.jpg
    https://imageshack.com/a/img921/3526/RBaVrg.jpg
    https://imageshack.com/a/img922/1581/Dm3peX.jpg
    • one_cruzer
    • By one_cruzer 5th Nov 18, 10:01 AM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    Sorry I do not do pm's.
    Originally posted by Coupon-mad

    Ok no problems, please could you see the claimants WS and help me put a WS together
    • Quentin
    • By Quentin 5th Nov 18, 10:05 AM
    • 37,946 Posts
    • 22,059 Thanks
    Quentin
    See the newbies FAQ #2 for advice on how to draft a WS and links to others to see what to do.

    Not hard!
    • one_cruzer
    • By one_cruzer 5th Nov 18, 10:09 AM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    See the newbies FAQ #2 for advice on how to draft a WS and links to others to see what to do.

    Not hard!
    Originally posted by Quentin

    I've already done this and I'm getting confused. The claimant has sent a 25 page WS so I need to make sure my WS has the relevant facts and which I need help in drafting. I've now uploaded the claimants WS so any help would be appreciated especially in drafting the WS
    • IamEmanresu
    • By IamEmanresu 5th Nov 18, 10:25 AM
    • 3,769 Posts
    • 6,189 Thanks
    IamEmanresu
    This is far simpler that you might imagine. Have a look at the Google Street View pic of the area. It is the usual poor signage. In the pic below the one EPS sign is hidden by a van. So include the pic in your WS to show that the "controlled space" is not clear. In addition, the penalty amount is buried in the small print.



    If parking companies made their signs clear, and the restricted areas clear, they'd be out of business. So that have hidden signs, dense text, and hidden terms. Use the pics you have to illustrate the point.

    The WS is your take on what happened that day and what the driver is likely to have seen / not seen. The pics that EPS have provided do not have a high evidential value. In addition, challenge the issue that although they say at #2 it is within their knowledge, it clearly isn't unless the person writing the WS actually issued the ticket too.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • one_cruzer
    • By one_cruzer 5th Nov 18, 1:35 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    This is far simpler that you might imagine. Have a look at the Google Street View pic of the area. It is the usual poor signage. In the pic below the one EPS sign is hidden by a van. So include the pic in your WS to show that the "controlled space" is not clear. In addition, the penalty amount is buried in the small print.



    If parking companies made their signs clear, and the restricted areas clear, they'd be out of business. So that have hidden signs, dense text, and hidden terms. Use the pics you have to illustrate the point.

    The WS is your take on what happened that day and what the driver is likely to have seen / not seen. The pics that EPS have provided do not have a high evidential value. In addition, challenge the issue that although they say at #2 it is within their knowledge, it clearly isn't unless the person writing the WS actually issued the ticket too.
    Originally posted by IamEmanresu

    I've done this exactly. How do I send the WS to the court, can I send them in manually by hand or do I have to do it by post?
    • one_cruzer
    • By one_cruzer 5th Nov 18, 1:36 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    I have sent my WS to both Gladstone Solicitors and Euro Parking Services by e-mail
    • one_cruzer
    • By one_cruzer 5th Nov 18, 1:47 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    Do I need a skeleton argument?
    • KeithP
    • By KeithP 5th Nov 18, 1:49 PM
    • 10,728 Posts
    • 11,152 Thanks
    KeithP
    How do I send the WS to the court, can I send them in manually by hand or do I have to do it by post?
    Originally posted by one_cruzer
    Do I need a skeleton argument?
    Originally posted by one_cruzer
    Are you no longer following the guidance offered in the NEWBIES FAQ sticky thread?
    .
    • one_cruzer
    • By one_cruzer 5th Nov 18, 5:31 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    I've been trying to follow it, but then it is confusing. I've sent my WS to the court via 1st class mail so it should get there tomorrow. Proof of postage has been obtained as well. I did visit the site today and get some additional pictures which proves the above, could I use this anywhere?
    • Coupon-mad
    • By Coupon-mad 5th Nov 18, 5:45 PM
    • 64,101 Posts
    • 76,688 Thanks
    Coupon-mad
    Yes if you quickly - in the morning - send them to the court and the Claimant as evidence to join your WS. I would be concerned that all this stuff being mailed to the local court might get lost though, can no-one take this stuff in person to the court?

    Was the WS clearly marked with the Claim Number, hearing date and time of hearing, to stop some clerk filing it? We never tell people to post their WS and evidence normally, because a court is a massive building with tons of admin and paperwork for all sorts of stuff - an admin black hole, IMHO.

    I've worked in such places (not a court, but finance related Head Offices) and no way would I have told someone to post important paperwork without it being marked with the name (or in a claim case, the date/time of hearing & court claim number).

    I would take those photos in person and ask if they can put them with the WS posted the other day, and stand there and make sure the clerk digs the file out and matches it all up in front of you (if they will do that) and/or confirms that all of this will be put before the Judge for the hearing on xx/xx/18 and not filed away.
    Last edited by Coupon-mad; 05-11-2018 at 5:47 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
    • Redx
    • By Redx 5th Nov 18, 6:09 PM
    • 19,963 Posts
    • 25,278 Thanks
    Redx
    I've been trying to follow it, but then it is confusing.
    Originally posted by one_cruzer

    there is nothing "confusing" in the BARGEPOLE timeline post that he made on here 2 years ago

    your evidence and WS must go to the claimant and court by the date listed on the papers the court sent you

    so any evidence like pictures could and should have gone with the WS, or can now go separately, which means that all of your "stuff" has to be collated into one by the claimant and the court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • one_cruzer
    • By one_cruzer 5th Nov 18, 6:19 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    Yes if you quickly - in the morning - send them to the court and the Claimant as evidence to join your WS. I would be concerned that all this stuff being mailed to the local court might get lost though, can no-one take this stuff in person to the court?

    Was the WS clearly marked with the Claim Number, hearing date and time of hearing, to stop some clerk filing it? We never tell people to post their WS and evidence normally, because a court is a massive building with tons of admin and paperwork for all sorts of stuff - an admin black hole, IMHO.

    I've worked in such places (not a court, but finance related Head Offices) and no way would I have told someone to post important paperwork without it being marked with the name (or in a claim case, the date/time of hearing & court claim number).

    I would take those photos in person and ask if they can put them with the WS posted the other day, and stand there and make sure the clerk digs the file out and matches it all up in front of you (if they will do that) and/or confirms that all of this will be put before the Judge for the hearing on xx/xx/18 and not filed away.
    Originally posted by Coupon-mad

    The WS is clear and includes the Claim Number, Hearing Date and Time and also reference to the claimant and defendant.


    With the WS I didn't include the Beavis Case. I'm thinking just to add the picture of the notice in that case and mark it as evidence with the addition to the WS so I can use it at the hearing on the day. What do you think?
    • one_cruzer
    • By one_cruzer 5th Nov 18, 6:20 PM
    • 32 Posts
    • 3 Thanks
    one_cruzer
    I'm trying to find Sassi's schedule of costs as it was quite detailed. Anyone able to find the link for me as I've tried searching but couldn't find it?
    • Redx
    • By Redx 5th Nov 18, 6:29 PM
    • 19,963 Posts
    • 25,278 Thanks
    Redx
    its not Sassi, its Sassii

    here is one of their threads

    https://forums.moneysavingexpert.com/showthread.php?t=5662425

    I would be looking at the LOC123 costs example etc listed in post #2 of the NEWBIES FAQ sticky thread myself
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 5th Nov 18, 6:29 PM
    • 64,101 Posts
    • 76,688 Thanks
    Coupon-mad
    What, when you searched members and found sassii, you didn't click on her posts? Or you could not find her as a member?

    With the WS I didn't include the Beavis Case.
    That's OK, no need with that Supreme Court decision!

    I'm thinking just to add the picture of the notice in that case and mark it as evidence with the addition to the WS so I can use it at the hearing on the day. What do you think?
    Yes. As per the typical evidence I suggest in the NEWBIES thread, include 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
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