The driver of the vehicle reg xxxxxx incurred the parking charge for breaching the terms of parking on the land at xxxxx The defendant was driving the vehicle and/or is the registered keeper of the vehicle.

But what term?

Even the claim poc doesn't tell you..

It doesn't say??

Is what you've put in post #126 the whole of the POCs verbatim?

HB

It also says,

AND THE CLAIMANT CLAIMS £160 for parking charges/damages and indemnity costs if applicable, together with interest at £`3.69 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at 0.04p per day.

Maybe that's why they waited a whole year to issue the claim!!

You might need to also focus on what it is they're claiming you're in breach of - e.g. didn't pay, over-stayed, no permit, unauthorised, etc.

At this stage, this would usually only be found on the ticket or NTK, but not necessarily either.

If this isn't clear, then you should make that exact point - "what term does the Claimant allege that the Driver breached?".

Admittedly, if they're not relying on POFA, then the cause of action becomes immaterial, as the contract isn't with you.

The NTK/NTD will tell the actual reason.

Unfortunately I don't have a copy of it, the original ticket was from April 2017, I did ask them to send me a copy in the CPR request but they obviously haven't responded..

so they had to file a WS as well and they haven't yet either else you would have it.

so don't sweat too much about being late with it.

might be an idea to ring the court Monday and ask if they've had the claimant witness statement?

Yeah, I think that's a good idea DX, thanks for everyone's help and patience, I'm probably not the easiest to work with

Gladstones were about six weeks late with their WS in my case, and it's not the only time they've been very late. An extra day or two to get your head straight on all the points won't hurt in my view either.

Tailor your WS to your defence and their POC though - that includes lack of alleged cause of action - i.e. what are you supposed to have breached?

Can you tell me what you believe the breach to be? Is it a strictly no parking area?

did yuo ask if the claimant had filed their WS?

Not yet, I will call them Monday morning and see what they say.

If you click on this link it will show you the sign, the one I genuinely didn't notice when I drove in.

https://www.google.co.uk/maps/@51.5721639,0.1784986,3a,63.3y,270.74h,93.56t/data=!3m6!1e1!3m4!1sgTW2VFl3cLHyMBY1KA-0NA!2e0!7i16384!8i8192

do not speak to ther claimant, only the court

Just a quick heads up,

I spoke to the court again today, apparently they have sent in their WS but I still have received nothing. the lady said to call Gladstones and ask where my copy is and/or have it struck out??

What should I do??

Cheers guys,

I know your own WS was late but it is very difficult to write your own WS when you do not know theirs.

Your problems are compounded because you have never had sight of their Notice to Keeper or even if there was an initial window ticket.

How on earth can you defend your corner with such lack of knowledge.

If you contact the Court explaining that UKPCM know you have never received the Notice to Keeper so you have no idea what their claim is all about.

It should have been paramount that you receive the WS in order to be able to put a proper response to their claim.

Further UKPCM and Gladstones have history of bringing unmerited cases to Court -eg UKCPM v Mr C.D4GF9001 Maidstone.

You therefore suggest that it would be fairer to strike out this case.

An additional example of Gladstones filing late is AM Parking v "MA61", 31/06/2017. D4GF8736.

Maidstone where the Judge refused to allow their WS to be used so dismissed the claim.

Point out to the Court that to strike out the case would save the Court time and money as they have not sent you their WS nor the CPR 31.14 you requested either.

tell the court yu havet got it and ask that the WS be struck from the files.

then ask that the claim be dismissed without a hearing to save court time.

Phone, email and write this as you will then reach 3 different people

Thanks for the information, it is greatly appreciated!!

Hi guys,

I spoke to the court again today,

I asked if they could strike out the WS from Gladdys,

but apparently I still have to attend court on Friday??

I emailed them and called,

didn't have time to send a letter but court case is this Friday anyway,

how am I supposed to get my WS statement done without receiving theirs??

All seems like a shambles really

send in your ws from the earlier post now to the court by email

send it to gladdys too.

then read 142

and make notes for Friday in relation to them.

I would guess that gladdy's wont turn up .

if they do, then don't get railroaded and let them lead.

stand your ground, and tell the judge about what in post 142

explain gladdy have a known history of purposefully filing their ws's late.

as for the case to be dismissed or at best adjourned till you get a copy of their ws and have time to digest it.

do not allow a little talk with them before you go it.

don't give your game away.

dx

dx, to clarify, is that don't get railroaded and don't let them lead?

HB

With regard to this claim which I have in the ws :

4. UK CAR PARK MANAGEMENT do not have the necessary planning permissions for their signage and equipment under the Town and Country Planning Act 2007 and as such are committing a criminal offence. UK CAR PARK MANAGEMENT rely on the illegal signage to offer a unilateral contract and as it is not possible to enter into a criminal compact, any claim of a contract between them and the driver is denied.

The word driver at the end seems odd to me in my case, especially as my mum is claiming she wasn't the driver, will this matter?

This will be emailed to them shortly upon approval -

In the County Court at Romford Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED Claimant And

xxxxx Defendant

Witness Statement of xxxxx

1. I am the keeper of the vehicle but was not the driver at the time.

2. As UK CAR PARK MANAGEMENT do not rely on the Protection of Freedoms Act 2012 to create a keeper liability the defendant puts it to strict proof as to who was the driver at the time as there is no contractual liability created between the plaintiff and the defendant as keeper of the vehicle.

3. UK CAR PARK MANAGEMENT have also failed to show any authority from the landlord that assigns them the right to enter into contracts with the public and to make civil claims in their own name. Requests for proof of authority was made by way of a CPR 31.14 request that went unanswered. The defendant believes that UK CAR PARK MANAGEMENT have no locus standi in this matter.

4. UK CAR PARK MANAGEMENT do not have the necessary planning permissions for their signage and equipment under the Town and Country Planning Act 2007 and as such are committing a criminal offence. UK CAR PARK MANAGEMENT rely on the illegal signage to offer a unilateral contract and as it is not possible to enter into a criminal compact, any claim of a contract between them and the driver is denied.

5. There are no signs warning you as you enter the site from Waterloo road into Union Road which is evidenced by the pictures provided.

6. The signs inside the site are too small to be read from the driver’s seat of a vehicle and their position makes them impossible to read and consider without stopping to do so. This makes them unenforceable and unfair, contrary to the Consumer Contracts Regulations of 2014.

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true.

The word driver at the end seems odd to me in my case, especially as my mum is claiming she wasn't the driver, will this matter?

no its not admittance its a stated fact in general..

……..

if they do, then don't get railroaded and let them lead.

…..dx, to clarify, is that don't get railroaded and don't let them lead?

HB

no its if they lead the judge on..dont let them railroad you..

your witness statement is YOUR witness statement and doesnt rely on anything they say but you can make it clear that their particulars of claim dont say what the money is owed for, whether a breach of contract or as a contractual obligation and in either case doesnt specify what the driver supposedly did or didnt do, doesnt make clear why they are suing you(mum) as there is no keeper liability ( I know covered already but wont hurt to rub it in).

Also you need to trash the wording on the signage

start off with wrong ATA details and so para 12 of the POFA not adhered to so no liability is created.

I see they have terms of parking withour permission, well that implies that permission is granted so the terms casnt actually apply.

They must also provide some means of paying the prescribed fee is one applies and they dont so not a proper offer of a contract to the general public

lastly,

challenge the credentials of the person who represents the parking co.

If they are not emplyed by UKCPM or Gladdys they must be a solicitor registered in their own name with the SRA.

Read up on rights of audience in courts so ask for their SRA roll number and then ask the judge to have them rermoved if they arent a solicitor but just a paralegal or whatever.

that menas they cant speak and you can then shred the claim paperwork by saying things like I would like to challenge the truth on (whatever bit such as them climing the magical £60 costs) but there is no-one here to answer so ask that the claimants WS be removed from the evidence bundle as it cannot be cross examined.