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  • FIRST POST
    • pokerish
    • By pokerish 16th Jun 18, 3:13 PM
    • 16Posts
    • 0Thanks
    pokerish
    Gladstones Claim Form
    • #1
    • 16th Jun 18, 3:13 PM
    Gladstones Claim Form 16th Jun 18 at 3:13 PM
    Hi,

    I have received a claim form from Gladstones Solicitors regarding a parking incident in October 2017. I have read the NEWBIES thread and will now give the details of the incident, and my current defence letter (I used a sample letter in one of the threads).

    The details:
    - Parked in "own space" in residential block
    - Permit was half hidden by a tissue so was not fully visible
    - The signage and the tenancy agreement states that permit should be visible
    - A letter was sent to my home address with a parking fine
    - I appealed this in October 2017 stating I have a valid permit, but this was rejected
    - I told them I was the driver of the vehicle
    - I have received a Claim form and have just completed the AOS

    My letter:
    DEFENCE

    Background
    1. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark XXZZZ which is the subject of these proceedings. The vehicle is insured with [provider] with [number] of named drivers permitted to use it.

    2. It is admitted that on [date] the Defendant's vehicle was parked at [location]

    3. It is accepted that the Defendant was the driver of the vehicle

    Authority to Park and Primacy of Contract
    4. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder of [address], whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, ownership of vehicle or the user of the vehicle.

    5. The Defendant avers that the operator!!!8217;s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant 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. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.

    6. Accordingly it is denied that:
    6.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant; and
    6.2. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

    Alternative Defence - Failure to set out clearly parking terms
    7. In the alternative, the Defendant relies upon ParkingEye Ltd v Barry Beavis(2015) UKSC 67 insofar as the Court were willing to consider the imposition of a penalty in the context of a site of commercial value and where the signage regarding the penalties imposed for any breach of parking terms were clear - both upon entry to the site and throughout.
    7.1. The Defendant avers that the parking signage in this matter was, without prejudice to his/her primary defence above, inadequate.
    7.1.1. At the time of the material events the signage was deficient in number, distribution, wording and lighting to reasonably convey a contractual obligation;
    7.1.2. The signage did not comply with the requirements of the Code of Practice of the Independent Parking Committee ("IPC") Accredited Operators Scheme, an organisation to which the Claimant was a signatory; and
    7.1.3. The signage contained particularly onerous terms not sufficiently drawn to the attention of the visitor as set out in the leading judgment of Denning MR in J Spurling v Bradshaw [1956] EWCA Civ 3
    7.2. The Defendant avers that the residential site that is the subject of these proceedings is not a site where there is a commercial value to be protected. The Claimant has not suffered loss or pecuniary disadvantage. The penalty charge is, accordingly, unconscionable in this context, with ParkingEyedistinguished.

    8. It is denied that the Claimant has standing to bring any claim in the absence of a contract that expressly permits the Claimant to do so, in addition to merely undertaking parking management. The Claimant has provided no proof of any such entitlement.

    9. It is denied that the Claimant has any entitlement to the sums sought.

    10. It is admitted that interest may be applicable, subject to the discretion of the Court on any sum (if awarded), but it is denied that interest is applicable on the total sums claimed by the Claimant.

    STATEMENT OF TRUTH
    I confirm that the contents of this Defence are true.

    My concerns:
    Will I have to pay the full amount stated on the letter if this appeal fails?
    The amount they are claiming is the following
    166.46 amount claimed
    25 court fee
    50 legal representative.

    Thanks
Page 2
    • nosferatu1001
    • By nosferatu1001 18th Dec 18, 11:00 AM
    • 4,380 Posts
    • 5,313 Thanks
    nosferatu1001
    What does 6) have to do with this case? Were you promised something? If not, then promissory estoppel would not apply

    Why have you not mentioned that the permit WAS in the windscreen? given part of your defence relies upon it!

    You havent reference where in your tenancy your absolute right to park was given. You havent shown us, either, as a lot of people randomly copy and paste stuff like this. You dont just attach the agreement, you refer to a specific clause in the agreement and, if necessary, reproduce it in the WS.

    Why have you left this 2 weeks?

    What does parking eye have to do with this? Are they using Gladstones to file claims now? Who are the PPC, becauwse im betting a tenner it is NOT Parking Eye?
    • pokerish
    • By pokerish 2nd Jan 19, 10:23 AM
    • 16 Posts
    • 0 Thanks
    pokerish
    Hi,

    Please let me know if the below is okay now. I will find out who the PPC is when I get home from work this evening. The below clause is the only clause in my tenancy agreement relating to the parking permit. I do not think it is very helpful but it is the only clause the agreement has.

    In the County Court at XXXXX
    Claim No. XXXXXXXX
    Between
    xxx (Claimant)
    and
    xxx (Defendant)

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

    1. I am xxx, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

    2. I was a resident of XXXXX [Address], and attach evidence of tenancy agreement as Exhibit A.

    3. On [DATE] I parked my vehicle registration no, XXXXX in the car park.

    4. My tenancy agreement granted me a parking permit and my own parking space. Evidence of this is contained in my parking permit in clause 13. Special Conditions:
    “The Tenants must use the parking permit supplied when parking in the allocated parking space which belongs to the property to avoid being issued with a parking ticket. Any parking tickets received by the Tenant as a result of not displaying the permits will be the Tenants responsibility to pay.”
    This is dated XXXXX and a picture of it is attached as Exhibit B.

    5. 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.

    6. My parking ticket was in the windscreen at the time.

    7. 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
    • pokerish
    • By pokerish 13th Jan 19, 6:16 PM
    • 16 Posts
    • 0 Thanks
    pokerish
    Hello

    I have received Gladstones witness statement and it is quite a big bundle which includes photos of my car on that day. I am quite worried about whether my witness statement and defence overall is strong enough, 17 days until the court case.

    Please could someone help me

    thanks
    • KeithP
    • By KeithP 13th Jan 19, 7:16 PM
    • 12,088 Posts
    • 12,807 Thanks
    KeithP
    Have you not filed your Witness Statement yet?

    On 2nd December you told us:
    I must submit it by 1st January.
    Looks like Coupon-mad was right when she said last July:
    You worry me, if you forgot this stage how the heck are you going to keep up at DQ stage, then Witness Statement and evidence stage?

    Back to your WS:
    I would be inclined to leave out that quote from your tenancy agreement. It does you no favours.

    Trouble is, it leaves your WS rather thin.

    No mention of signs?
    .
    • pokerish
    • By pokerish 13th Jan 19, 7:19 PM
    • 16 Posts
    • 0 Thanks
    pokerish
    Hi,

    Sorry I misunderstood. The court case is 30th January so I must submit it by tomorrow essentially.

    I haven't mentioned signs because I'm not sure how it would help me.

    I am not sure what other points I can include.
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 1:01 AM
    • 65,623 Posts
    • 78,172 Thanks
    Coupon-mad
    You MUST mention that the signs are sparse and incapable of forming a contract and enclose evidence with your WS (photos, not close ups).

    I am not clear why your very short WS quotes this which seems to be affirming the PCNs, and you haven't explained why you feel it's important:

    “The Tenants must use the parking permit supplied when parking in the allocated parking space which belongs to the property to avoid being issued with a parking ticket. Any parking tickets received by the Tenant as a result of not displaying the permits will be the Tenants responsibility to pay.”
    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
    • pokerish
    • By pokerish 15th Jan 19, 11:17 AM
    • 16 Posts
    • 0 Thanks
    pokerish
    Hi,

    I submitted this yesterday unfortunately.

    This is what I submitted:

    In the County Court at
    Claim No.
    Between
    Parking and Property Management Limited (Claimant)
    and
    (Defendant)
    -------------------------
    Witness Statement
    -------------------------
    1. I am xxx, 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.
    2. I was a resident of xxx, and attach evidence of my tenancy agreement as Exhibit A.
    3. On 14th October 2017 I parked my vehicle with registration number xxx in the car park.
    4. My tenancy agreement granted me a parking permit and my own parking space. Evidence of this is contained in Clause 13 which states
    “The Tenants must use the parking permit supplied when parking in the allocated parking space which belongs to the property to avoid being issued with a parking ticket.”
    This gives absolutely authority to myself to park in the allocated bay given that I have used the parking permit.
    5. The parking permit is dated August 2017 and a picture of it is attached as Exhibit B.
    6. My parking permit was in the windscreen at the time. It is noted that a tissue had accidentally been placed in the windscreen on top of the parking ticket. However it could still be seen that this was a relevant parking permit. A picture of this is attached as Exhibit C.
    7. 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.
    8. I have the reasonable belief that the Claimant has not incurred the stated additional cost and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described 50 as legal representative’s costs. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.
    9. 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


    I was unable to take photos of the signs as the property is actually in Coventry whereas I am in London. Should I still include this point in my skeleton argument? I am not planning to submit a skeleton argument, but have one for reference on the court date.
    • nosferatu1001
    • By nosferatu1001 15th Jan 19, 1:39 PM
    • 4,380 Posts
    • 5,313 Thanks
    nosferatu1001
    Youve had since June to get photos.
    I am sure someone would have found them.

    You cannot ambush the claimant
    Your skeleton is a summary of the arguments that best support your, probolems with their claim, both the legal arguments and the witness statements, in a couple pages at most.
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 1:47 PM
    • 65,623 Posts
    • 78,172 Thanks
    Coupon-mad
    OK so you will have to just challenge their evidence at the hearing, then.
    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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