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

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Fantastic, really helpful, going to spend sometime reading everything you have sent and advised on.

 

Just a quick question on the below,

where is the 'made an offer that day of all day parking for £2' shown on which signage?

Thanks

 

7 In any case the signage at Walmer St made an offer that day of all day parking for £2.

the driver at the time accepted these terms so there can never be such a thing as an overstay as the conditions accepted did not include such terms as implied by other signage that did not form part of the contract accepted at the time and the driver paid the prescribed fee and was thus entitled to park and peaceably enjoy the use of the facilities offered for the time that the car park was open that day.

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7 In any case the signage at Walmer St made an offer that day of all day parking for £2. the driver at the time accepted these terms so there can never be such a thing as an overstay as the conditions accepted did not include such terms as implied by other signage that did not form part of the contract accepted at the time and the driver paid the prescribed fee and was thus entitled to park and peaceably enjoy the use of the facilities offered for the time that the car park was open that day.

 

Do you have a picture of that sign. Offering all day parking for £2?

 

Although, not relevant to your case exactly, the signage you have posted raises an interesting dilemma for SIP.

 

Monday to Thursday. 12 hours parking is £6. No maximum stay detailed.

Friday, Saturday & Sunday (Maximum stay 4 hours).

 

So, what happens if a driver arrives at their carpark on a Thursday night and pays for 12 hours parking at 23:59 :wink:


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Haha good point DragonFLy :)

 

No picture of sign offering all day parking for £2, but ericsbrother knows something so waiting for his reply :)

 

By sending Witness Statement late what is the chance of it being accepted?

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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 by dx100uk
paras

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Cheers pal, really really helpful! Have printed it all off and posted to Gladstones and Court via 1st class recorded an hour ago so hopefully receive by tomorrow.. fingers crossed it is accepted 5 days after the due date.

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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

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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

 

 

Hi, i did the above and just today got the attached response, any feedback before the court case tomorrow will be very helpful :) Wish me luck for tomorrow guys.

WS2.pdf

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by email?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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No.. was letter posted to me. Included a front page title 'Witness Statement' etc... which i havent attached as nothing on this page except repeat of the original WS.

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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 by dx100uk
paras

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

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One interesting (if very pedantic) point is at the very start of this addition where they've tried to be clever and have used words that they quite clearly don't understand.

 

4. ... this statement was served ... therefore should not be omitted to these proceedings.

 

What they've meant to say is "should not be admitted", but they haven't. They've used a word that has the exact opposite meaning.

 

Omit. Leave out or exclude

Admit. Allow. Accept as valid

 

So they've said that you can use your defence statement then. :thumb:

 

Though, I would suggest that you do agree that this reply is omitted, as per the last line of Para 4.

 

:lol:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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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 :)

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How did this go? Did they turn up? Was it thrown out? I am in a similar situation and getting very nervous.

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