SIP/Gladstones claimform - overstay PCN. Walmer Street Car Park Manchester

[ericsbrother]

no ticket slapped on car at the time? then they are timed out to create a keeper liability and unless you ahve told them that you were driving at the time then they dont know who was the driver and this is the only person they can sue and solely in that capacity.

 

Yes the claim must refer to a specific palce so wrong address and you can say that you were never there so no brwch of conditions that can lead to a claim.

 

The contract they have snet you is out of date so they have no authority according to their own paperwork.

Gladstons solicitors are the IPC in another frock and will ahve written a rubbish particulars of claim that dont address these points.

 

Your problem is that you have failed to come here soon enough to enable us to give you the help your really need as your Witness Statement should have been sent 2 days ago.

 

Now, you get down to the 2 named places and take pictures. if one of the addresses doesnt have a car park then you still tyake pictures as you will impress upon the judge that no such palce/signage etc exists so the claim is faulty ( you dont say fraudulent becasue the courts always believe that no-one tells lies, they are just mistaken)

 

Go and get the pictures by the end of the day and we canm then write you something to go with them otherwise all we can do is pick holes in their claim and without any evidnce of your own they may well be grudgingly accepted as having a claim.

 

i will write somehting up early tomorrow morning for you but pictures first if possible.

Edited February 15, 2018 by honeybee13
Paras

[ericsbrother]

rolling contracts arent worth a light unless the parkig co can prove they have been carried over. i wish I could put my fingers on relevant case but parking co need to prove it has been carried over.

 

As already said it looks like SIP had a deal with LL once and have sold that on when they donthave any right to and have also signed both sets of paperwork. An agreement with a third party needs to show a clear chain of authority back to the landowner.

 

Get your stuff posted up asap as your paper evidence is important. You can still turn up on the day and give oral evidence but that will stop you from introducing your own evidence, just allow you to rubbish theirs.

 

WE have a few other things in mind so you will need to do some reading between now and the hearing date, particularly on right of audience and planning law for advertising signs.The parking pranksters blog is a good place to start, there is a long article on planning that is linked to it written by someone who really knows about it so you would be wise to print it off and refer to it and make copies ofr the court hearing.

Edited February 16, 2018 by honeybee13
Paras

[ericsbrother]

they are wrong about damages,

that is the entire point of the Beavis decision,

they get a flat fee and dont have to prove what it cost for them to issue the ticket.

 

Also if they are claiming that you have keeper liability

s9(2) of the POFA limits the amount claimed to the amount specified in the NTK and that wasnt £160 so where does the rest come from?

Answer Gladdys make it up and keep the extra £60 for doing the claiming on the parking co's behalf. (see champerty and maintenance)

 

As it is the weekend get those pictures of both palces,

entrance to both car parks,

signs there and anything else,

esp the ticket machine if they have codes on them

 

They are claiming they slapped a ticket on your car 20 mins after the expiry time and you have never seen this ticket.

If the NTK was genuinesly 28 days after the date of the event they are a day too early to issue the NTK and that means they cant claim a bean from you as the keeper.

 

More on this later

[ericsbrother]

wrote a great wodge fo stuff but lost is when time out. I have sent you a message

[ericsbrother]

in the process of doing so

 

you need to go to the parking pranksters blogspot july 2017 and look at an atricle headed new transcript, keeper not liable and then about 2 lines in there is a link to a transcript of this case. print it off and attach t to your evidence bundle as I have referred to it

It is VCS v Quayle transcript

[ericsbrother]

Print off the research article linked at the bottom of the parking pranksters blog of the 16th DEC 2017 and add that to your bundle. Print off the transcript otherwise no point mentioning it. Copies to court and to Gladdys.

 

You might find they are suddenly unavailable on your court day.

 

i would also be looking for a full costs recovery order under CPR 27.14.2(g) for their unreasonable behaviour as they disclosed no reasonable grounds for bringing this case. write a letter to this effect and add it to your bundle.

 

You throw everything you can into this. Also look up the rules on rights of audience in courts and when you get into court you need to ask whoever is representing SIP whether they are a solicitor and what their SRA roll number is. If they are not a solicitor then they must work for either SIP or Gladstones, no-one esle has a right to speak but they will try it on and claim because they work for someone who has had the instructions from gladstones at the last minute that counts.

 

No it doesn't. On the same track you will be wanting to cross examine their witness so if they arent present you ask that their witness statement be discounted because you state there are serious errors that can only be addressed by the person who wrote it.

 

They are lazy and not averse to telling incomplete or erroneous statement so try and get their evidence chucked out or at least diminished in importance without going as far as saying it is a pack of lies

Edited February 19, 2018 by Andyorch
Paras and spacing

[ericsbrother]

you stated that was the offer made on that saturday, it doesnt matter that you dont have a picture of that sign,

it was an individually negotiated contract as far as the world is concerned and a verbal contract is still a contract so no need to prove they said that.

 

As they failed to follow the necessary protocols then it will be a matter of whose evidence is preferred and you have enough to kill any claim as long as you can persuade the judge that the relevant parts of the POFA mean that there is no reason to chase you. that is why you are taking a copy of the legislation with you as you have referred to it in your defence.

 

Your pictures of the permanent signs are going to be used to rubbish them.

Again, there is nothing on their signs that are specific to overstays,

they say that you must have a bought a ticket and you did just that.

 

If the signage stated that you were not allowed to remain in the car park after its expiry unless you paid them an extra £100 that would be a different matter.

pay attention to the details

 

As for late submission, the courts tend to give a lot of leeway to an individual who doesnt know the system. Gladstones routinely put tings in emails to defendants the night before a hearing so they have no casue to complain. Anyway, you can still speak even if your paperwork is rejected and they probably wont have that luxury because their rep wont have the right to so again pay attention to who turns up on the day and challenge them politely overtheir rights of audience. If the judge is particularly grumpy he might not let you refer to your paperwork but that wont change the law and you can still challenge their version of events

Edited February 19, 2018 by dx100uk
paras

[ericsbrother]

as said,

glassys are gulity of worse than that so again you can dig out examples of their claims that were chucked out for taking the mickey out of the legal system.

 

This claim does just that so they will be surprised to receive anything and may well decide to try and drop the matter quietly.

They may even offer to let you pay just their (unlawful) fees and leave the parking co in the lurch.

As long as they make money they dont care who pays them and SIP will foot the bill if you dont pay up

[ericsbrother]

well, unless you have edited it it isnt signed so you should object to its inclusion in their evidence.

 

Dont forget to take a copy of the rights of audience legislation and challenge whoever turns to to show they are either a solicitor OR employed by SIP.

 

Now SIP are Manchester based so their owner may well pitch up.

He is well known to making statements that are provably untrue so challenge these if they are lies but dont call him a liar, say that he is mistaken etc.

 

As for the screen ticket, this seems to be a big problem for members of the IPC as no NTD's ever go missing from BPA memebers car parks yet dozens do from car parks managed by companies that belng to the IPC and that there is a history with their members being caught out interfereing with the evidence.

 

again you cant accuse them of lying but can ask the question why the "disappearing ticket" only happens to IPC members.

Edited February 26, 2018 by dx100uk
paras

[ericsbrother]

so who was it signed by? the same person who signed the original WS? We shouldnt have to draw thses things out of you, just bloody tell us everything if you want a timely response or we spedn days guessing.

Hi ericsbrother, yes it was signed but i removed that section out of the scan. Thanks again for the advice