Parking Control Management/Gladstones Court Claim

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

CASE NO: xxxxx

Parking Control Management (UK) Limited

(Claimant)
-and-

Ms BLAH BLAH
(Defendant)



WITNESS STATEMENT OF BLAH BLAH



I, BLAH BLAH, OF La La Land WILL SAY AS FOLLOWS: -

1. I am the defendant in this case. The facts and matters set out in this statement are within my own knowledge unless otherwise stated and I believe them to be true.
2. My car was photographed parked in a marked bay in Central Road, Morden (‘the Land’), I however was not the driver of the vehicle, and no admission has been made to identify the driver.

THE AGREEMENT

1. No agreement was entered into nor accepted by the defendant with the Claimant.
2. Upon entering the car park the signage displayed is a Sainsbury Car Parking Sign, this is shown in EXHIBIT 1. This shows the terms of parking in this car park to be free for 45 minutes and managed by Horizon Parking.
3. The bay in which the car was parked in was directly forward from this entry sign and in front of the Sainsbury building, with a Sainsbury Cash Till in front of that, as shown in EXHIBIT 2. Therefore, one is led to believe the agreement is with Sainsbury (Horizon Parking) and for 45 minutes of free parking.
4. The sign displayed by the Claimant is ambiguous, and at no point gives reference to which bays their agreement is enforced, if any, as shown in EXHIBIT 3. There is also only one single sign, which is not at eye level, and has been placed next to the Sainsbury (Horizon Parking) signs. The visible and evident signs are for an offer of 45 minutes of free parking. Therefore, no agreement was accepted with the Claimant.
5. In the Witness Statement of Georgina Philpot, she refers to ‘the Land’ being that of Central Road in Croydon. It is in fact Central Road in Morden, which is not a part of nor does it border Croydon.

THE FACTS

1. On 16^th September 2015 the Defendant’s vehicle was parked in the bay marked in EXHIBIT 2.
2. No Windscreen Ticket was left on the car on this date.
3. A claim was issued against the defendant on 4^th April 2016. Within this claim the Particulars of the Claim failed to list or detail the offence, which fails to comply with CPR 16.4, Practice Direction 16 7.5
4. In order to defend the case the Defendant emailed Gladstone Solicitors, working on behalf of the Claimant, on April 11^th 2016 asking them to replead their case. Evidence seen in EXHIBIT 4.
5. On 21^st April 2016, as no response had been received to the email dated 4^th April 2016 (EXHIBIT 4), the defendant followed up the email with a phone call to Gladstones Solicitors, working on behalf of the claimant, to attempt to resolve the issues in the Particulars of Claim, in order for the defendant to adequately defend this case. The defendant was informed the Particulars of the Claim were complete and could not be elaborated on, therefore the Claimant would not replead their case. An email was sent following up this phonecall to outline the details of this phone conversation to Gladstones Solicitors on 22^nd April 2016, shown in EXHIBIT 5. During this conversation the defendant left an email address and telephone number in order to allow the Particulars of Claim to be discussed easily by the Claimant or their solicitor. They chose not to do so.
6. Upon receiving the Claim the defendant travelled to the site in question in order to gather evidence to defend the case, in light of the inadequate Particulars of Claim. The evidence is presented in ‘The Agreement’ section of this statement.

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Is this okay for now?

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Bear in mind I've not checked any spelling, punctuation or grammar yet

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I'll be back later.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Coolio, thanks for your help in this =)

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Exhibit 1

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EXHIBIT 2

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EXHIBIT 3

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Sorry more questions... Am I serving on Gladstones and filing it with the court or just Gladstones?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

No, i think what you've written is mostly legal argument and stuff you haven't witnessed. (as is pretty common!)


Were you present at the time ?

Did you return to get the photos ?

Did you get a PCN through the post ?


You send to both the court and claimant btw.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Ohhhh poop. Have I screwed this up because of this being late? How do I file it to the court? Shall I delete all the legal argument part?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Phone them on Monday and see if they'll take via email. If not hand deliver or special delivery are best.

No point worrying about being late. Can you answer the questions ?

Also how can we show the court, if needed, the location of the 2 different companies signs ?

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Yep I'll answer the questions you suggested in the document. Using the photos I can make up a little map like they have done to show where the signs are and fhe cars. In fact I might print theirs off and mark the signage on it! Am I better off emailing to Gladstones today? Or is Monday the first day that'll matter now? And shall I ring the actual court or mcol?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

They won't get it until Monday morning anyway so it won't matter.

Good idea on the signs.

Local court.

I wanted answers to try and help you construct the witness statement

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Oh crap I am sorry!! I've totally panicked because til about 3pm I thought I knew what I was doing and now feel lost!

No I wasn't present when the ticket was issued. My husband was the driver. If you can see in those photos it looks like it's a sainsbury 45 min bay. There was no screen ticket, it was a through the post job. I personally visited the place for the first time today to get photos.

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If you look at exhibit 1 and 2 you can see my argument. You can see the sainsbury sign as you pull in, my husband parked in the bay in front of the cash till. You can see the sainsbury parking sign on the wall, and then theirs is on the pole next to the bay he parked in. You automatically see the sainsbury sign and assume you know where you stand. Especially as the building directly in front of the bay is clearly still sainsbury as there is a cash till with sainsbury on and the opening times!

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

1. I am the defendant in this case. The facts and matters set out in this statement are within my own knowledge unless otherwise stated and I believe them to be true.

2. I am the registered keeper of vehicle ..............

3. I received a county court claim form via post on or around xxxxxxxxxxx

4. In order to defend the case I emailed Gladstone Solicitors, working on behalf of the Claimant, on April 11th 2016 asking them to replead their case as it was poorly pleaded and vague at best. Evidence seen in EXHIBIT 4.

5. On 21st April 2016, as no response had been received to the email dated 4th April 2016 (EXHIBIT 4), the defendant followed up the email with a phone call to Gladstones Solicitorsto attempt to resolve the issues in the Particulars of Claim, in order for the defendant to adequately defend this case. The defendant was informed the Particulars of the Claim were complete and could not be elaborated on, therefore the Claimant would not replead their case. An email was sent following up this phonecall to outline the details of this phone conversation to Gladstones Solicitors on 22nd April 2016, shown in EXHIBIT 5. During this conversation the defendant left an email address and telephone number in order to allow the Particulars of Claim to be discussed easily by the Claimant or their solicitor. They chose not to do so.

6. Upon receiving the Claim the defendant travelled to the site in question in order to gather evidence to defend the case, in light of the inadequate Particulars of Claim.

7. Upon entering the car park the signage displayed is a Sainsbury Car Parking Sign, this is shown in EXHIBIT 1. This shows the terms of parking in this car park to be free for 45 minutes and managed by Horizon Parking.


8. The bay in which the car was parked in was directly forward from this entry sign and in front of the Sainsbury building, with a Sainsbury Cash Till in front of that, as shown in EXHIBIT 2. Therefore, one is led to believe the agreement is with Sainsbury (Horizon Parking) and for 45 minutes of free parking.


9. There is also only one single sign, which is not at eye level, and has been placed next to the Sainsbury (Horizon Parking) signs. The visible and evident signs are for an offer of 45 minutes of free parking. Exhibit 3


10. In the Witness Statement of Georgina Philpot, she refers to ‘the Land’ being that of Central Road in Croydon. It is in fact Central Road in Morden, which is not a part of nor does it border Croydon.






I'm leaving the part in about where the car was parked. Hopefully you can tell from the photos otherwise it's not your evidence as you weren't there.

They legal argument which we'll get to doesn't need to be sent now. It's only the evidence that needs sent now.

Also note you can change any of the witness statement. i can only go on what you say and you're knowledge of what has actually happened is more focused and comprehensive than mine. Stuff about contracts Beavis etc, well that's different

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

You are an actual super star. I am heavily pregnant with two other children and you have actually saved me from rolling over to these basket cases. I've turned my computer off for tonight because it is actually hurting my brain (and pride that I got it so wrong on all fronts! Bad times!) but I will load that up tomorrow and add to it. I'll save what I already did and cut and paste from it, in case it's any help in the next few days. Not looking forward to calling the court and admitting I am an actual div but hopefully they'll be cool about it. Thanks again M1, High five to you for preventing a tantrum from myself this afternoon =D

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Don't need to tell them. They should just take it as it's up to a judge to decide really. It's not ideal but it's not fatal.

M1

[emanresu]

Re: Parking Control Management/Gladstones Court Claim

@mystery1. Did you get the before and after pics for this site? If not I'll resend

Edit: Pic not uploading buy try http://tinypic.com/r/2i6o0m8/9

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