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Gladstones - Technical defence against PCM

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  • Kas22
    Kas22 Posts: 97 Forumite
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    A family member received a County Claim Form on the same matter I'm dealing with, so am acting on their behalf. In total I will have three court hearings (two which are mine, and one which I will be representing a family member)
  • Kas22
    Kas22 Posts: 97 Forumite
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    Right, my first draft of the witness statement is below:


    [FONT=&quot]In the County Court at XXXXXXXX[/FONT]
    [FONT=&quot]Claim No. XXXXXXX[/FONT]
    [FONT=&quot]Between[/FONT]
    [FONT=&quot]Parking Contril Management (UK) Limited (Claimant)[/FONT]
    [FONT=&quot]And[/FONT]
    [FONT=&quot]Mr Kass22 (Defendant)[/FONT]
    [FONT=&quot]Witness Statement[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]I am the defendant in this matter, [FULL NAME] of [ADDRESS]. Attached to this statement are photographic documents in appendix one: marked as ‘ref: p(no./letter)’ to which I will refer. I will say as follows:[/FONT]

    [FONT=&quot]1.[/FONT][FONT=&quot]On[DATE], I parked my vehicle in a space that was outside of the designated parking area (ref: p1), which was formerly used as a community bike shed (ref: p2a, p2b).[/FONT]
    [FONT=&quot]2.[/FONT][FONT=&quot] I did not breach the terms and conditions of parking as where the vehicle was parked did not form part of the car park. [/FONT]
    [FONT=&quot]3.[/FONT][FONT=&quot] Numerous vehicles have been using this space to park for a number of years (ref: p3a-d) without any disruption to residents or the car parking.[/FONT]
    [FONT=&quot]4.[/FONT][FONT=&quot] The Claimants signage only stipulated terms and conditions for parking “wholly within the confines of a marked bay appropriate for the permit on display”,[/FONT][FONT=&quot] (ref: p4). As the area was not part of the designated parking it had no bay markings, and therefore no breach had occurred.[/FONT]
    [FONT=&quot]5.[/FONT][FONT=&quot] Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.[/FONT]
    [FONT=&quot]6.[/FONT][FONT=&quot] 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.[/FONT]
    [FONT=&quot]7.[/FONT][FONT=&quot] 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.[/FONT]
    [FONT=&quot]
    Statement of Truth

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

    Signature[/FONT]

    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Appendix One:[/FONT]

    [FONT=&quot]Ref: p1 - [/FONT][FONT=&quot][FONT=&quot]My vehicle parked at the dissembled bike shed spot[/FONT][/FONT]
    [FONT=&quot][FONT=&quot]Ref: p2a-b - Photographs of the community bike storage before it was taken down[/FONT][/FONT]
    [FONT=&quot][FONT=&quot]Ref: p3a-d - Photos of other vehicles(four) parking in the same spot[/FONT][/FONT]
    [FONT=&quot][FONT=&quot]Ref: p4 - Claimants sign[/FONT][/FONT]
    [FONT=&quot][FONT=&quot]
    [/FONT][/FONT]

    [FONT=&quot][FONT=&quot]I haven't added that the sign was out of sight and not displayed upon entrance to the car park (nor lit), as I didn't enter it. Worth putting it down?
    [/FONT][/FONT]
  • Kas22
    Kas22 Posts: 97 Forumite
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    Any thoughts on the above WS?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Numerous vehicles have been using this space to park for a number of years (ref: p3a-d) without any disruption to residents or the car parking.

    I would mention here that parking in this space is understood by residents to be an easement due to established use. I don't suppose anyone has been there 20 years and can vouch for that fact, making it an easement by prescription?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kas22
    Kas22 Posts: 97 Forumite
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    Coupon-mad wrote: »
    I would mention here that parking in this space is understood by residents to be an easement due to established use. I don't suppose anyone has been there 20 years and can vouch for that fact, making it an easement by prescription?

    I know a few residents (including myself) who have been there since the beginning, but the development was only built 17 years ago, therefore a prescriptive easement wouldn't apply?

    Easement due to established use would be more appropriate, but am unsure if an easement was created by the land owners, which would be a grey area?

    Just to cover it off, I'll add a point for 'easement due to established use' in the WS.

    Is it also worth providing more evidence of vehicles parking on the same place, or should I limit it to four pictures?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    I think more evidence of use is a good idea in this case.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kas22
    Kas22 Posts: 97 Forumite
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    Upon sending the witness statement to the court, is it also worth including the defence that was sent to NCCBC, or will they already have that?
  • KeithP
    KeithP Posts: 37,650 Forumite
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    Kas22 wrote: »
    Upon sending the witness statement to the court, is it also worth including the defence that was sent to NCCBC, or will they already have that?
    They will already have your Defence at your local court - sent them by the CCBC.
  • Kas22
    Kas22 Posts: 97 Forumite
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    Great, thanks! Is it worth adding a skeleton argument?
  • KeithP
    KeithP Posts: 37,650 Forumite
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    Kas22 wrote: »
    Great, thanks! Is it worth adding a skeleton argument?
    It's entirely up to you.

    Not needed until a few days before the hearing.

    Have you read Loadsofchildren123's thoughts about that in the NEWBIES thread?
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