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  • FIRST POST
    • Matt1111
    • By Matt1111 13th Oct 18, 11:30 AM
    • 20Posts
    • 4Thanks
    Matt1111
    Northampton County Court parking fine headache
    • #1
    • 13th Oct 18, 11:30 AM
    Northampton County Court parking fine headache 13th Oct 18 at 11:30 AM
    Hello guys,

    I'm new here so I need a lot of help. Got this Northampton County Court form because of Parking fines. It says Claimant is Parking Control Management and address for documents and payments is Gladstones Solicitors.
    It's giving me a headache as people have been telling me they could give me a CCJ meaning I won't be able to buy a house. I'm 22 and I'm a student at Hertfordshire University. The parking fine was in Salisbury Village so behind De-havilland Campus.
    Do I have to defend or acknowledge? How do I do it? Could anyone give me a defence letter template so I could add my details in and send it off. Who do I send the defence letter off to?
    I can't pay that amount i'm a student so money wise it's tough.
    I'm stressed out because of this, I can't focus at uni it's worrying me and parents keep having a go at me too so any help would be appreciated.
    Seen on the forum that most cases can be won so that gave me some sort of relief but still worried.

    Thank you guys Help me out please.


    IMG_2402.JPG
    Last edited by Matt1111; 13-10-2018 at 11:33 AM.
Page 3
    • Umkomaas
    • By Umkomaas 15th Apr 19, 6:57 AM
    • 23,076 Posts
    • 36,662 Thanks
    Umkomaas
    What does this mean?
    It means the same as in most of their other cases - their client (the parking company) won’t be going anywhere near the court to be cross-examined and expose their rear end to a Judge. But that doesn’t mean they won’t be fielding a ‘gun for hire’ advocate to argue their case.
    Do I still have to go visit them at the court?
    Yes. In three cases last week, against forum advice, the motorists decided not to attend and leave it to the Judge to make his mind up based just on their paper submissions.

    All three lost - and copped for costs that would almost certainly have not been awarded had they made an appearance.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 11:34 AM
    • 70,392 Posts
    • 82,979 Thanks
    Coupon-mad
    Same as all the other Gladstones cases. You don't seem to have read enough other threads about Gladstones hearings if you were not expecting that.

    OF COURSE you turn up, so the Judge hears your side in person!
    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
    • KeithP
    • By KeithP 15th Apr 19, 12:55 PM
    • 14,335 Posts
    • 16,319 Thanks
    KeithP
    Matt1111, have you filed and served your Witness Statement yet?

    When is it due?
    .
    • Matt1111
    • By Matt1111 15th Apr 19, 8:28 PM
    • 20 Posts
    • 4 Thanks
    Matt1111
    Hi,

    I haven't filed anything yet. What do I include in a witness statement If anyone could link me with the details. I haven't got a date or anything for when the Witness statement to be given in. All i know is the court date is on the 30th.

    Thank you guys
    • KeithP
    • By KeithP 15th Apr 19, 8:33 PM
    • 14,335 Posts
    • 16,319 Thanks
    KeithP
    You need to re-read that letter from the court that advised you of the hearling date.

    Did it not say something like:
    Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].
    ?

    As you might've guessed, post #2 of the NEWBIES thread offers comprehensive guidance on creating a Witness Statement and gathering and presenting evidence.
    Last edited by KeithP; 15-04-2019 at 8:42 PM.
    .
    • Coupon-mad
    • By Coupon-mad 18th Apr 19, 11:22 PM
    • 70,392 Posts
    • 82,979 Thanks
    Coupon-mad
    Hi,

    I haven't filed anything yet. What do I include in a witness statement If anyone could link me with the details. I haven't got a date or anything for when the Witness statement to be given in. All i know is the court date is on the 30th.

    Thank you guys
    Originally posted by Matt1111
    You are now late filing & serving your WS and evidence (and we now have a 4 day weekend when the court will be closed) so show us your draft so it at least is ready for the next working day to take to your local court in person, on Tuesday.

    This is vital to get done and VERY EASY.

    Everything is covered in the NEWBIES thread, with examples & tips for evidence. Please read that and show us your simple draft and list of the evidence you want to provide.

    You CANNOT just rock up at the hearing having fielded NOTHING except a defence.
    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
    • Matt1111
    • By Matt1111 19th Apr 19, 12:45 AM
    • 20 Posts
    • 4 Thanks
    Matt1111
    Hi,

    I'm going to hand these on Monday at the court instead of posting it to them as I've left it a little late and completely forgot due to exams and assignments at uni:

    1. A copy of my defence

    2. A copy of the Beavis case sign as a comparison to show how awful the small print sign was in my case

    3. photos proving the scarce and illegible small print signs

    4. A copy of Schedule 4 of the POFA

    5. A copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.

    This all I'm going to hand in an envelope all stapled together.
    Is there anything else to add or is there any needed to be removed?
    Please tell me and also could someone post up a link for number 4 and 5 I can't find them anywhere.

    Thank you
    • Le_Kirk
    • By Le_Kirk 19th Apr 19, 9:06 AM
    • 4,621 Posts
    • 3,998 Thanks
    Le_Kirk
    Hi,

    I'm going to hand these on Monday at the court instead of posting it to them as I've left it a little late and completely forgot due to exams and assignments at uni:

    1. A copy of my defence

    2. A copy of the Beavis case sign as a comparison to show how awful the small print sign was in my case

    3. photos proving the scarce and illegible small print signs

    4. A copy of Schedule 4 of the POFA

    5. A copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.

    This all I'm going to hand in an envelope all stapled together.
    Is there anything else to add or is there any needed to be removed?
    Please tell me and also could someone post up a link for number 4 and 5 I can't find them anywhere.

    Thank you
    Originally posted by Matt1111
    I think you will find the court is closed due to it being a bank holiday!
    For 4 and 5 ask Auntie Google. Anything else to add? Yes, your witness statement unless you had planned to include it but just missed it off your list.
    • Coupon-mad
    • By Coupon-mad 19th Apr 19, 10:38 AM
    • 70,392 Posts
    • 82,979 Thanks
    Coupon-mad
    4. A copy of Schedule 4 of the POFA
    It's linked in the NEWBIES thread. Also easy to Google for in seconds.

    5. A copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.
    Again, that annual report is right there by Googling.

    You need to show us your WITNESS STATEMENT. The NEWBIES thread explains this is not the same as a defence, and I give linked examples there.

    You DO NOT need to include a copy of your defence. The court has that via MCOL.
    Last edited by Coupon-mad; Yesterday at 11:41 AM.
    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
    • Matt1111
    • By Matt1111 23rd Apr 19, 12:21 PM
    • 20 Posts
    • 4 Thanks
    Matt1111
    In the County Court at Willesden
    Claim No. XXXXXX
    Between
    Parking Control Management (UK) Limited
    And
    XXXXXX (Defendant)



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



    1. I am XXXXX, of (Address), (postcode), the Defendant in this matter. I will say as follows :
    2. I am a student at the University of Hertfordshire and visited a friend nearby on (04/10/2017) and then attending a University lecture at the De-Havilland campus on the same day.
    3. The spot in the vehicle was parked at had no signages nor road marks. Evidence is supplied along with this statement.
    4. The location having no signages nor indications of the road being a private road will automatically tell a driver that parking has no restrictions at all.
    5. Most of Salisbury Village's layout is like this which is unfair on drivers as there are no red lines nor yellow lines on any roads where the vehicle was parked.
    6. Therefore it is an unfair parking ticket given by Parking Control Management (UK) Limited.
    7. I invite the Court to dismiss this claim in its entirety.



    Statement of Truth



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






    Signature
    Date



    This is my Witness Statement. Could you guys tell me if I should add anything? Does it look alright or should I reword anything? Any help will be appreciated.

    Thank you
    • Coupon-mad
    • By Coupon-mad 24th Apr 19, 11:52 AM
    • 70,392 Posts
    • 82,979 Thanks
    Coupon-mad
    Where is your evidence? This is your chance to put forward evidence photos pf the signs, plus cases that support your defence - for example PCM v Bull* would be good.

    Why have you not mentioned how small the font on the sparse signs is, and included pics that show signs hidden by foliage, or behind a bin, etc. and pics of Salisbury Village showing it looks like public road and unmarked and with no signs in sight?

    You don't get another chance to add evidence so make it strongly worded and state that you did not enter into any contract. Refer to your attachments by evidence number:


    - A copy of the Beavis case sign as a comparison to show how awful the small print sign was in my case

    - photos proving the scarce and illegible small print signs

    - A copy of Schedule 4 of the POFA

    - A copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'
    .
    The last two are now pointless because you are admitting being the driver, surely you can see why stuff about 'keeper liability' are redundant? REMOVE THEM.

    Here's PCM v Bull explained:

    http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

    You need to print out that blog, and the transcript (3rd link from the end):

    http://www.parking-prankster.com/case-law.html

    also grab the one above it, UKPC v Masterson. Print that out too!

    also grab PACE v Lengyel from here:

    http://www.parking-prankster.com/more-case-law.html

    and read all three and have it clear in your head for your hearing, why they apply and why your case is similar - no contractual licence was offered. The signs were prohibitive, forbidding in wording and this cannot be a matter of contractual agreement on your part, especially as the sign were so sparse they were not seen anyway.
    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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