3 - nil Twice in court & one ticket cancelled by issuer. Mind you, with my kids probably won't be the last.

I won, case dismissed! I've just sat through 15 minutes of the judge attacking Gladys for wasting the courts time putting forward a 'dogs dinner' of a claim that was unwinnable. Hardly had to say a word, first he called them out for being out of time for POFA then failure to follow their own code of conduct. There was a half hearted attempt to suggest a presumption that the keeper was also the driver that was also thrown out. The poor legal who got paid to represent them apologised & basically said he'd told them this but was told to get on with it! Was then awarded costs, happy days. Thanks as ever for all your help.

Just received by email the attached 'skeleton argument' from Gladstones which has been sent to the court. I've made a few notes in red. Can they do this? Seems like they are trying to determine the case before we go before the judge Skeleton argument Gladstones.doc

Just had an email from Gladstones saying they are now going to have a representative in court. Their Claimants Witness statement which included a notice of Non-attendance was 'sent in error with no disrespect intended to the court'.

Hi Lookinforinfo, Nothing to do with deliveries, have you crossed from another thread?

Thanks chaps, i'll take that along to court with me later this month

So my Witness Statements went off at the last possible moment. Yesterday I had an email from Gladys ref my 2 cpr requests: In relation to your email dated 24th September 2022, whilst the email was allocated to the file upon receipt, it appears it was overlooked for which we apologise. Notwithstanding the above, the documents requested have now been provided to you as exhibits within the witness statement filed on behalf of our client, a further copy of which is provided in compliance with your request. The only document not provided is the planning permission for the signage; this is on the basis that the signs fall within the category of Class 2A and the Claimant submits consent has already been granted pursuant to its compliance with Part 1, Schedule 3 of the Regulations. Further, the Claimant is required to display signs pursuant to the Protection of Freedoms Act 2012 and submits advertising consent would not be necessary on the basis of its compliance with regulatory obligations. As a result, the requested planning permission does not exist. So no planning permission sought or granted, anyone know if this Class 2A excuse is correct? Apologies for not converting to pdf - i just don't know how to.

Thanks. I've done a final draft adding in all my details & exhibits which has to be sent by 4pm on 22nd Dec to the courts & the Claimants. Do I have to send the Claimants copy to PCM or Gladstones? PCM are listed as the claimants

I've tweeked my WS a bit, what do you guys think? WS1 Parking Control Management.pdf

Thanks all, hoping to get a 2nd draft done tomorrow night

Here's a very rough first draft of my witness statement, I will get the numbering & text aligned for the final draft. My Locus Standi section particularly needs some substance. Do i need to counter 36 & 37 of their ws where they are saying i have filed my defence & not denied being the driver etc? WS1 Parking Control Management.pdf

Thanks for all this help. There was copies of the PCN & the follow up letters attached but I didn’t have time or enough Tippex to redact all my details. I’m not very techy! Would I be better to put the ‘no keeper liability’ section immediately after the introduction as the failure to send me the PCN in time for POFA to apply was the reason for ignoring all their further demands, and also my strongest argument. In my previous court appearance it was clear to me that the judge had only scan read my WS and didn’t read all of it

Coincidentally just received (by email!) the following, i've redacted my details from their witness statement. They have included their contract which was only one of the items i requested in my cpr request We act for the claimant in the above matter. Please find attached, by way of service, the Claimant's Witness Statement. In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing. We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted. We confirm the statement has been filed at the Court Gladstones witness statement.pdf

Thanks everyone. I'm at work currently but could have sworn there was mention of 2 hours somewhere, i will check later. Day off tomorrow so will get a first draft WS using FTMDave's sections & post it up for comment on Thursday. I get the point about email, i just didn't want them to deny receiving the cpr request so I have at least got a email receipt to say they have had my request. I will prepare the WS on the assumption that I wont get a reply.

I have had no response to my CPR request sent months ago so I have re-emailed Gladstones last week & still no reply. Unable to ascertain the contract between the landowner & PCM. I can find no application for planning permission for signs so presume they are illegal. This morning I was in the vicinity so popped over to photo the signage & guess what? My CN for overstaying in a 2 hour free car park is wrong as it is 3 hours! Does this invalidate the CN as the 'offence' of staying beyond 2 hours is incorrect? Pic of sign attached anchorwood bank signage.pdf

Hello, i'm back! Finally received a court date for this one & I am required to get my witness statement in by 4pm on the 22nd December. To recap - a vehicle that I am the registered keeper of (but categorically not the driver) picked up an invoice for overstaying at a retail park car park. The 'offence' took place on the 28th Feb '22, the NTK was posted on the 14th March & date notice given as 16th March (these dates were printed on the NTK) I sent off a CPR request to Gladstones their solicitors but received nothing, not even an acknowledgment. My main defence would seem to be that the Notice was out of time & therefore POFA does not apply & they cant transfer the charge from driver to keeper: (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. Should i keep it simple & just go with this and ask for the claim to be dismissed?

I won - Case Dismissed ! Evening everyone. My court date was rearranged a few weeks back. I duly attended & was a little surprised to be met outside the court by a legal representative of VCS. Once underway I outlined my arguments whilst the oppo tried to rubbish them. The judge took a dim view of a test case they quoted that they had won because a motorist had stopped for 4 seconds when his engine management light came on. The judge didn’t really tell me whether he agreed with my main point on no keeper liability, Pofa, relevant land etc It was fairly obvious he had only had a cursory read of the witness statements. He did however dismiss the claim “owing to a finding of fact that the defendant’s car stopped in a prohibited area owing to a fault of the landowner (Bristol Airport) in not providing adequate signing to their prepaid car parking areas. Finding made that the defendant needed to stop to find out where he should go to, and therefore that stopping for a short period (circa 50 seconds) did not contravene prohibitions that were in place’ (please redact if I shouldn’t have quoted all that) The judge also immediately refused an appeal. The legal rep for VCS then said they would appeal through some other process, I asked the judge & he said they had 21 days to do so - a month has passed & so I’m hoping my win sticks! Ive donated the original fine to this great site that has already helped me overturn 2 parking charges with one more still set for court. it was never about the money, it’s the principle. Ironically I flew into Bristol Airport late last night after a week in the sun. Thank you to all have helped me & I will be asking for further help on hopefully my final case Overstay at Anchorwood Bank Retail Park

Right, i've sent off my CPR request. Apologies for being a bit thick, having filed my defence on line (early), what's the order of events going forward?

Great suggestion FTMDave, I emailed let’s go superbowl, they asked me to email a copy of the NTK & within an hour emailed to say the charge had been cancelled. Result!

Sorry Dx, just to clarify - killing them by email is saying no to mediation or pointing out that their NTK was out of time?

Right, home again now I will get a CPR request off today Just had an email from Gladstones offering Mediation - I assume no. Would it be an opportunity to point out that the NTK was out of time & that I was not the driver?

I’m away for the next week & with 3 active cases on the go I didn’t want to forget it. I’ll hang out the WS until the last minute.

Okay, i've filed the defence as before.

So just reviewed all the thread from my first CN from VCS. I've re-logged into the MCOL with this claim ready to start a defence. Should i modify my defence to merely state that i was the keeper but not the driver & that the CN was out of date for POFA transferring of liability? Or should I put in the same defence as before which was: The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. The amount they are claiming is £176.01 + £35 court fee + £50 Legal representation, original Charge Notice was £100 -

Would the grace period still apply if the driver had failed to input the car registration in the terminal? I have not been to this place but from the NTK it appears that the first hour is free but you are supposed to put your details in?