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Mark 2019

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Everything posted by Mark 2019

  1. Letter from court is asking that I submit to the court and the other party no later than 14 days ahead of the hearing a "witness statement?" I assume this will give more detail than the original defence I filed? It states I must: Start with name of the case and claim number Full name and adress of witness Set out witness evidence clearly in numbered paragraphs on numbered pages End with this paragraph "I beleive that the facts stated in this witness statement are true." be signed by the witness and dated
  2. I now have a court date. xx March 2020. I have already written my defence which I am 95% happy with. Its based on a successful court victory for a defendant in Janury 2018 on the same site and the circumstances were 99% similar. The additional points of evidence I have makes mine a stronger case as I see it. Im going to enjoy Christmas and then look to polish it off in the New year so hopefully you will be able to offer me some valued critique. Just a couple of thoughts: I have lots of photographic evidence from multiple site visits since the incide
  3. Its a N180 Directions Questionnaire from the court. So essentially just saying where I wish the hearing to take place and any dates of unavailability. There is just a question at beginning asking if I agree to the case being referred to the small claims mediation service. Obviously I dont want to come across as unreasonable but obviously I'm not prepared to accept any other outcome than a withdrawl of their claim.
  4. Ok looks like we are going to court. Ive recieved a "Directions Questionnaire" (Small Claims Track). Obviously self explanatory to fill out but I assume I dont agree to mediation? Will this be frowned upon? Obviously I have no intention of giving them a penny so unless mediation results in them witdrawing their claim I presume I tick no here?
  5. I now have a reply to my CPR Request. Ultimately they have not provided any of the information I requested i.e proof of contract between HX Car Park and the Landowner or the planning permission for signage. They have only sent the various notice to keeper letters and a A4 copy of their sign. Interestingly they state "Anything not included was not referenced in our particulars or is not relevant to the matter at hand" They then go on to make me a very generous offer of settling for £150 on a without prejudice basis..........obviously I guess I just ignore the
  6. I feel i should be saying more on the signage but is that more for any court appearance? In some threads its referenced in others not but does point 3 essentially cover that? Thanks
  7. Still struggling to come up with anything 2 or 3 lines and havent found a thread with anything that brief. Seen plenty where people have like me given too much....... So how about this - the site team seemed to be happy with something similar on another thread I will keep looking in the interim though for something more succinct 1. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. It is denied that any 'parking char
  8. Okay - having read dozens and dozens of threads this is what I have so far and just trying to keep the response to the Particulars of Claim so nothing about the circumstances or issues such as Gladstone/IPC relationship, potential GDPR breach by Camera operative etc which I presume will more crucial when I get to court? I am the defendant in this matter and deny liability for the entirety of the claim. The particulars of the Claim disclose no cause of action against the Defendant on the following grounds: 1. The claimant HX Car Park Management Limited (HX) is not the land
  9. I think I have a huge dossier of evidence its just a case of knowing what to do when and I have already a draft of a full defence based on another claim I found on here that was defeated in the Bradford Court last year. I received my initial letter in March from Gladstones which I responded to via their website as requested and hit them with a Subject Access request. They responded and then I heard nothing from March until I returned from holiday early August (2 weeks ago) at which and the claim arrived 2 days after I went on holiday in July. I though they had given up.
  10. I have a lot of photos of the site, including cages blocking signage both today and 6 months ago. Also entrance where no sign. Hatched areas stating no parking and also double yellow lines - areas which I did not park on as seen in their own evidence. NTK Page 1 & 2 Signage on site. docs1 (1).pdf
  11. okay will sort of full PDF file and post this evening once I have the close up of the signage. Thanks
  12. It does. Ive attached original NTK and photos I took of the signage from a drivers perspective which is impossible to read unless you get out walk up and read it which immediately puts you in breach. I will go down today and get a close up photo of the sign. Ive also posted photo of the view I would have when bringing car to a halt "parked" at which point I am tending to my son.
  13. OK this is what happened i.e. my defence...... On the date in question I was travelling to Haliax with my two children. My youngest was sat in the back seat. As we were approaching Salterhebble my youngest son suffered a heavy nose bleed. At the time there were very major roadworks taking place. When my son started to panic I realised there was no safe place to pull over on the carriageway due to the roadworks without adding to an already chaotic traffic problem. I noticed the shell garage forecourt which shared an enterance to the McDonalds and sa
  14. Name of the Claimant HX Car Park Management LTD claimants Solicitors: Gladstones Solicitors LTD Date of issue – 23rd July 2019 What is the claim for?– The Driver of the vehicle with Registration xxxxxxx (the 'vehicle') parked in breach of the terms of parking stipulated on the signage (the 'contract') at site 1085 Salterhebble Halifax HX3 0QE on 11/11/2018 thus incurring the parking charge (the 'PCN'). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keep
  15. Ok after nearly 5 months of silence from them I have just come back from holiday to a County Court Claim Form: I only had 1 day to respond in the 14 day period so Ive acknowledged for now to get me an extra 2 weeks. The particulars of claim are essentially very brief basically saying I breached terms of parking stipulated on signage thus incurring the parking charge and that I agreed to pay the PCN within 28 days of issue but failed to do so. Given their claim is brief is my defence at this stage equally brief or am I expected to submit a whole bundle of evidence and lengthy statem
  16. The letter I have is now from Gladstones. I technically didnt appeal and in my note to them I just said "the driver" in expaining the circumstances and why I did not recognise this "invoice". I completed it on their website so I dont have a copy of what I said. I have however just done an SAR so should get everything I completed back.
  17. Redacted bundle attached Answer to qeustions: (Sorry cant remove strikethrough) 1 Date of the infringement 11th November 2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14th November 3 Date received unsure 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] no 5 Is there any photographic evidence of the event? yes 6 Have you appealed? [Y/N?] post up your appeal] Not to the Parking Company but logged an appeal on Gladtones website along with mitigation
  18. Hi All Have stumbled across this site by accident and having had a trawl through you all do an amazing job. So good and so much resource on here that I can see the wood for the trees. Partially because I am part way through the case so not sure what to respond to first. Anyway I have just recieved the following email: From: Date: 04/03/2019 4:16 pm (GMT+00:00) To: mark Subject: HX Car Park Management Limited -v- D / Dear Mr Thank you for your correspondence. We attach our Client's evidence they wish to rely on at this stage, in line with the re
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