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  • FIRST POST
    • madmidwife
    • By madmidwife 11th Feb 18, 2:45 PM
    • 40Posts
    • 8Thanks
    madmidwife
    Small Claims date received
    • #1
    • 11th Feb 18, 2:45 PM
    Small Claims date received 11th Feb 18 at 2:45 PM
    Hello
    I have been given a date to attend small claims court in Winchester due to Link parking issuing an invoice and Gladstones pursuing it.
    I didnt read the help on here before I responded with my defence
    Date has been set for 26th March.
    Hoping someone can help with my witness statement which I have copied from the examples posted on here.
    Thanks
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
Page 2
    • Coupon-mad
    • By Coupon-mad 28th Feb 18, 12:48 AM
    • 57,473 Posts
    • 71,066 Thanks
    Coupon-mad
    Also as I am not the registered keeper of either car (one is lease hire other one was from a hire company for the day) and as far as I'm aware they didn't name me as driver, how can I use this to my advantage?
    Have you filed that WS and your evidence yet? Did you include Schedule 4 as evidence?

    If the WS you drafted has already been filed by you (with your file of evidence of course) now prepare a skeleton argument (SA).

    This is not *required* (unlike the WS and evidence, which is necessary) but can be useful to summarise your legal points of defence (bullet points of the legal stuff about liability, and case law). You would then file it to the Court and Gladstones, with a printed copy of the POFA Sch4 with para 13/14 highlighted, about ''hirer liability'' and any other case law/legal evidence/copy of Henry Greenslade's words from the POPLA Annual Report 2015, etc.

    Point out in your SA, the omission of the statutory requirement for certain documents that MUST accompany a Notice to Hirer, when posted to you (which the PPC will not have done). The omission means you cannot be held liable unless they can convince the Judge, on the balance of probabilities, that you were the driver.

    Now if this car is only used by you, they might be able to convince the Court; depends on the Judge and your evidence as well. But you do not have to assist the claimant to fill in gaps in their evidence, do not have to name the driver. If you can show evidence that the car is/was allowed to be used by more than one person, then that will help tip the balance away from any presumption of driver.

    If you have not sent that WS yet, tell us what evidence you intend to submit with it?
    Last edited by Coupon-mad; 28-02-2018 at 12:51 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • madmidwife
    • By madmidwife 28th Feb 18, 9:07 AM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Just looked at what Gladstones have sent me by email and not all images were very clear
    1. Copy of rejection of my appeal to Link Parking
    2. Copy of my appeal to Link Parking
    3. Copy of an 'agreement' between Link Parking and Hazelvine Ltd to manage the area (very poor quality photo not easy to read what it says)
    4. Picture of their signage
    5. Picture of the area marked with where the signs are situated
    6. Copies of the PCN for both cars
    7. Copy of letter saying my payment is now overdue
    8. Photos of the vehicles dated/timed
    9.Copy of the letter before claim

    Thats it, no WS? no computer generated letter?
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • nosferatu1001
    • By nosferatu1001 28th Feb 18, 9:20 AM
    • 2,491 Posts
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    nosferatu1001
    So they!!!8217;ve not sent you a witness statement? Be VERY sure on that!
    If not then let the court know you don!!!8217;t have a ws, asking if THEY have one

    Have you filed YOUR ws yet? C-mad asked you questions. Answer them!
    • bargepole
    • By bargepole 28th Feb 18, 10:35 AM
    • 2,267 Posts
    • 6,590 Thanks
    bargepole
    Have you filed that WS and your evidence yet? Did you include Schedule 4 as evidence?
    Originally posted by Coupon-mad
    That's not correct. Statute Law is not 'evidence', and should not be filed with a WS, the extra pages in the bundle will not do anything to endear the Defendant to the Judge.

    Most Judges are quite capable of looking up the statute in the books or on the HMCTS computer terminal that all courtrooms are supplied with.

    For those who are too lazy to do that, and ask "do you have a copy?", the Defendant should have a printed copy with them, which they can then hand up if requested.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 33. Lost 10.
    • madmidwife
    • By madmidwife 28th Feb 18, 10:54 AM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Writing my final witness statement and evidence to include today, as hoping to print and send later today, WS and evidence needs to be in by 5th March.

    I got an email from Gladstones that went into junk luckily I checked it last night (not sure how they got my email address??)
    Dear Ms Lawrence

    We act for the claimant in the above matter.

    Please find attached, by way of service, the Claimant's Witness Statement.

    We confirm the statement has been filed at the Court


    Yours sincerely,

    But deffo no WS only what I listed in previous post. It was all attached to email and I eventually managed to open it with Adobe.
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • madmidwife
    • By madmidwife 28th Feb 18, 10:58 AM
    • 40 Posts
    • 8 Thanks
    madmidwife
    The exhibits which the defendant intends to rely upon are as follows:

    1. Protection of Freedoms Act, 2014, schedule 4
    2. Extract from Henry Greenslade Popla Annual Report 2015
    3. Copies of Parking Charge Notice
    4. Copy of Tenancy Agreement
    5. Extract of Jopson v Homeguard, K-Sultana Saeed v Plustrade Ltd, Pace v Mr N and Link Parking V Ms P
    6. Extract from Transcript of Parking Code of Practice Bill
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • bargepole
    • By bargepole 28th Feb 18, 11:01 AM
    • 2,267 Posts
    • 6,590 Thanks
    bargepole
    The exhibits which the defendant intends to rely upon are as follows:

    1. Protection of Freedoms Act, 2014, schedule 4
    Originally posted by madmidwife
    No! Statute Law should not be exhibited. See two posts above this one.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 33. Lost 10.
    • madmidwife
    • By madmidwife 28th Feb 18, 11:09 AM
    • 40 Posts
    • 8 Thanks
    madmidwife
    WS

    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.
    In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.


    1. I am not the Registered Keeper of the vehicles concerned, there is no evidence from Link Parking of the driver and as this event involved two vehicles, it is impossible to say who might have been driving each vehicle. If the Claimant is claiming against the Defendant as the keeper of the Vehicle under the provisions of the Protection of Freedoms Act 2014 it is denied that the Claimant is entitled to do so and it is denied that the claimant company fully complied with their obligations within the terms of Schedule 4 of the Protection of Freedoms Act 2014.

    2. The Defendant neither admits or denies being the driver at the time of the supposed event, and therefore puts Link Parking to strict proof that any contract can exist between the Claimant and themselves as Barrister Henry Greenslade stated in Popla Annual Report 2015 (Exhibit 1)



    3. As neither vehicle stated in the claim are owned by the Defendant, I have no obligation to name the driver to a private parking firm. It remains the burden of the Claimant to prove their case.

    4. No adverse inference can be drawn from my lawful decision to ignore the yellow Parking Charge Notice, impersonating a parking ticket yet with no basis in law.

    5. Link Parking claim you can view photographs taken on their website. I have been unable to find any photographs as these can only be viewed prior to an internet payment being made, as shown on the parking charge notice (Exhibit 2)

    6. The agreement for parking at the property lies with the landlords and not Link Parking or Hazelvine Ltd as the Landlords ‘own’ the parking space as part of the leasehold for the property. There is no mention of the need for a permit in the Tenancy agreement (Exhibit 3).
    The Defendant understands that the Claimant is not the occupier of the location. The Defendant has no knowledge of the contractual arrangement, if any, between the occupier and the Claimant and would require the Claimant to prove that they are duly authorised to manage parking at the location and pursue litigation relating to the same.



    7. I will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011.Also in Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park furthermore In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park. (Exhibit 4)

    8. 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.

    9. A publically televised debate held in the House of Commons (Parking Code of Practice Bill– in the House of Commons at 12:43 pm on 2nd February 2018.) discussed the unreasonable circumstances of repeated issuing of fines to individuals parking in their own parking space outside their property with the Claimant’s solicitors Gladstones being involved in many such cases. (Exhibit 5)

    I believe that the facts stated in this Witness Statement are true.
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • madmidwife
    • By madmidwife 28th Feb 18, 5:11 PM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Ok, I have just posted my WS and evidence to the Court and Gladstones.
    Hope I got it right
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • madmidwife
    • By madmidwife 6th Mar 18, 12:20 PM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Dear All
    Whilst trying to put together a skeleton defence I looked at the 'evidence' that GS had sent, this included a very poor image of a contract they have with Hazelvine ltd, these are a property management company and i'm guessing are also not the landowners. How can I word this to use in my skeleton?
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • nosferatu1001
    • By nosferatu1001 6th Mar 18, 12:58 PM
    • 2,491 Posts
    • 3,038 Thanks
    nosferatu1001
    Skeleton ARGUMENT - your defence is already in


    You state that the C has failed to prove they have the rquired authority under their own trade associations Code of Practice, as the contract is not with the landowner. there is no proof that a mere management company has the necessary rights granted to them by the actual landowner

    Or similar.

    Is that all thats wrong with it? Is it signed properly? Dated? Still in date?
    • madmidwife
    • By madmidwife 6th Mar 18, 1:52 PM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Having looked again at what I've been sent by email from GS and reading posts on this site I believe they have sent me evidence (as listed a few posts down #22) to comply with Pre-Action Conduct and Protocols, and this is why there is no WS.
    However the email clearly stated it was a WS:
    Dear Ms Lawrence

    We act for the claimant in the above matter.

    Please find attached, by way of service, the Claimant's Witness Statement.
    We confirm the statement has been filed at the Court
    Yours sincerely,

    Phoebe
    Litigation Assistant
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • nosferatu1001
    • By nosferatu1001 6th Mar 18, 2:51 PM
    • 2,491 Posts
    • 3,038 Thanks
    nosferatu1001
    Then you tell the court that the C has not filed a WS with you, and you are wondering if the court has been sent one?

    If neither of you have one, then you will ask that the claim is struck at the hearing, as they will have adduced no evidence to prove their case.
    • Coupon-mad
    • By Coupon-mad 6th Mar 18, 2:53 PM
    • 57,473 Posts
    • 71,066 Thanks
    Coupon-mad
    I believe they have sent me evidence (as listed a few posts down #22) to comply with Pre-Action Conduct and Protocols, and this is why there is no WS.
    Are you saying there's a pile of photos & stuff but no statement signed by anyone?

    You are not saying the email had no attachments at all?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • madmidwife
    • By madmidwife 6th Mar 18, 2:56 PM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Yes, a pile of stuff but nothing signed by anyone. If someone could give me a crash course in attaching a folder or sending it to you Coupon-mad??
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • KeithP
    • By KeithP 6th Mar 18, 3:14 PM
    • 7,210 Posts
    • 6,714 Thanks
    KeithP
    If someone could give me a crash course in attaching a folder...
    Originally posted by madmidwife
    Crash course coming up:

    1) upload the stuff to Dropbox or somewhere similar.
    2) post the link to the Dropbox folder here.
    .
    • madmidwife
    • By madmidwife 6th Mar 18, 3:43 PM
    • 40 Posts
    • 8 Thanks
    madmidwife
    Crash course coming up:

    1) upload the stuff to Dropbox or somewhere similar.
    2) post the link to the Dropbox folder here.
    Originally posted by KeithP
    Bit worried to post a link as the documents show my personal details, name, address etc
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • KeithP
    • By KeithP 6th Mar 18, 3:48 PM
    • 7,210 Posts
    • 6,714 Thanks
    KeithP
    Bit worried to post a link as the documents show my personal details, name, address etc
    Originally posted by madmidwife
    Well of course you would be unwise to publish that information anywhere.

    Perhaps point 1) of my crash course should be:
    Redact all sensitive information from the document images before uploading them to a Dropbox folder or somewhere similar.

    Didn't really think I needed to say that.
    .
    • madmidwife
    • By madmidwife 6th Mar 18, 4:18 PM
    • 40 Posts
    • 8 Thanks
    madmidwife
    I'm totally clueless when it comes to IT stuff sorry.
    Hopefully this link works
    https://www.dropbox.com/preview/Bundle%20the%20approved%20anon.pdf?role=personal
    Total debt: £27,000
    3 credit cards, 2 loans, 2 large overdrafts,1 catalogue,
    • Coupon-mad
    • By Coupon-mad 6th Mar 18, 9:28 PM
    • 57,473 Posts
    • 71,066 Thanks
    Coupon-mad
    Nope, there is another step because we get this message:
    The folder '/Bundle the approved anon.pdf' doesn't exist.
    You need to hit the button top right on Dropbox, to get a link to the file to 'SHARE'.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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