PPM/Gladstones claimform - 2*PCN Hounslow Travelodge TW3 1JG ** CASE DISMISSED **

[pips1504]

If you have a court date

You must have completed an n180 and received your own directions questionnaire where it required you to file a witness statement

 

Yes i completed and returned the n180 form.

[dx100uk]

what about the dq and ws?

dx

[dx100uk]

we need to see their WS

covert it to a multipage PDF AFTER redacting each page.

follow the upload

[pips1504]

thanks for responding so quickly.

 

 

I've just gone through my papers.

I've returned the dq but not the ws.

 

 

I was under the impression that as i wasn't using any other witnesses that this would be ok.

 

 

Having just re-read the letter from the court with the Notice to Allocation it looks like i should have filed this last week.

The court date is the 13th.

I have very little understanding off all the court procedures and i apologize to you for that,

but does that mean that i wont be able to refer to past cases.

 

Many thanks in anticipation for your help

Pip

[ericsbrother]

Having little understanding is a poor excuse,

you came her in Jan,

you could have come back ad asked for advice any time since then,

Also it doesnt affect your ability to read the paperwork sent from the court properly.

 

You had a cast iron defence but now you may well have thrown away any chance of presenting it.

 

You need to get all of the details regarding your defence written up and grab copies of images of the sigange and also copies of all of the cases written about on the parking pranksters blogspot that mention keeper liability and the rubbish claims of Ellitot v Loake and the CPS v AJH Films to show that the assumption of any driver being your servant is nonsense.

 

Get a copy of everything sent to the court and also to Gladstones.

they will object but as you had your skeleton you can still talk about these matters but if the judge is particularly nasty they may well say that you filed to present them so less weighting will be given to them.

 

 

That wont change the law but your arguments become less compelling as some judges are sticklers for procedure and some give a lot of leeway to both sides in small claims as it is generally less formal.

 

I have met both sorts and can say that the relaxed ones outnumber the hard nosed ones but you cant bank on it.

Edited July 6, 2017 by dx100uk

[pips1504]

Redacted Witness Statement from Gladdys

260617 witness statement (1)_Redacted.pdf

[ericsbrother]

Beavis not necessarily relevant as they are misquoting,

 

They are also wrong about the CPR, at the time there had been no allocation of track so it should have been complied to. The WS fails to produce a copy of the contract assigning the necessary rights from the landlord and without such an assignment PPM have no locus standi.

 

If you havent sent in your WS yet add these points to it as rebuttal of their evidence. You have copies of the signage at the site?

Edited July 7, 2017 by honeybee13
Paras

[pips1504]

Just an update on this.

 

Went to court last Thursday and the judge dismissed the case.

Said that she was sick of telling Gladstones the same things.

 

 

Their witness statement was not good enough.

Proof of signage was no good.

The fact they they had not made it clear whether it was the driver or the keeper they were claiming from.

 

Also said they had no right to claim for additional monies other than the £100 per ticket that they had originally specified.

 

 

She insinuated that their business model seemed to to scare people into paying up before the case went to court and claiming additional money that they knew they would not have any right to in a court.

 

My witness statement was never even mentioned and i never had to open my mouth in court other than to say "thank you maam".

Edited July 17, 2017 by honeybee13
Paras.

[honeybee13]

Brilliant, pips and the people who advised you. I'm really pleased for you, well done.

 

I'll amend your thread title.

 

HB

[honeybee13]

Also to say, what a shame Gladdys lost another one.

 

HB

[ericsbrother]

let the parking prankster know the details of your claim number etc via his web page (not blog) so othwers may use this as the bit about Gladdys been told they are useless is quite important.

Just an update on this.

 

Went to court last Thursday and the judge dismissed the case.

Said that she was sick of telling Gladstones the same things.

 

 

Their witness statement was not good enough.

Proof of signage was no good.

The fact they they had not made it clear whether it was the driver or the keeper they were claiming from.

 

Also said they had no right to claim for additional monies other than the £100 per ticket that they had originally specified.

 

 

She insinuated that their business model seemed to to scare people into paying up before the case went to court and claiming additional money that they knew they would not have any right to in a court.

 

My witness statement was never even mentioned and i never had to open my mouth in court other than to say "thank you maam".