UKCPM/Gladstones PCN Claimform - Reflections - Old Church rd Romford Esx RM7 0BD **STRUCK OUT**

[lookinforinfo]

I take it that Gladstones haven't sent you the response to CPR 31:14?

[dx100uk]

so your WS needs to be with the court by 1st dec DO NOT FILE EARLY!!

 

see if the fleecers send theirs, which may change yours, but no harm in reading PPC WS 's that are already here etc

[Reapstar]

No response to the CPR as yet :-p

 

I just wanted to prepare in advance but ok advice duly noted, thank you

[lookinforinfo]

No response to the CPR as yet :-p

 

That is good news.

 

Rather than answer your request they are not responding since they do not have at least one of the things you asked for.

 

That means they are unable to offer a contract to motorists in that car park.

It means that they had no reasonable cause to ask for your data so breach of the Data Protection Act.

 

It also means that they lied in order to join BPA. It also means that the DVLA should not have provided your data.

Edited November 12, 2018 by dx100uk
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[ericsbrother]

Generally you can state that you do not believe they have a contract with the landowner or planning permission or any of the other things you asked to see as they have failed to produce them as a result of the CPR 31.14.

 

This means they will have to show them to the court and often as said above, they dont like to because it is defective.

 

Sometimes they claim commercial confidentiality but this is a nonsense, anyone can claim they have a right to do something when they dont. I could rent out your house to a family of refugees who were desperate enough to believe anything I tell them but it wouldnt save them from being kicked out of your house by you.

Edited November 12, 2018 by dx100uk
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[Reapstar]

Hey guys,

 

It's getting closer to the court date, I noticed on the letter the court sent "unless the claimant does by 4pm on the 16th of November pay to the court the trial fee of £25 or file a properly completed application for help with fees, then the claim will be struck out.

 

Is there any way to find out if they have actually done this or not??

 

Thank you kindly for the help.

[dx100uk]

Yes ring

 

- - - Updated - - -

 

You did file your ws didnt you?

[Reapstar]

I haven't filed anything yet??

[brassnecked]

Looks like a default CCJ coming your way if not filed all paperwork.

[dx100uk]

Oh dear vanish for amonth and only read one part of a letter

[Reapstar]

It doesn't say anywhere on the form that you have to send a ws??

[dx100uk]

Turn it over..

Each party must submit etc etc 14 days before the hearing dated xxxxx

[Reapstar]

So what happens now then? :-/

[dx100uk]

So what does it say?

[Reapstar]

each party must deliver to the other party and to the court copies of all documents on which that party intends to rely on no later than 14 days before the hearing...

 

I haven't received anything from Gladstones either??

[dx100uk]

Not your problem if the claimant fails...

Youre is to file a ws 14 days prior to the hearing date..which is?

[FTMDave]

Massive own goal to ignore instructions from the court (and looking upthread, pointed out by DX in post 77).

 

Get a WS sent to the court and to Gladdys tomorrow and hope that as a Litigant in Person the court lets you off. It's too late to fine tune the thing, I see upthread you had your own ideas (post 73) and EB added his (post 80) so send those.

 

The regulars say not to use e-mail, but IMO this is an emergency.

 

It would be a tragedy for you to lose this case given Gladdys have nowt to attack you with, simply because you ignored the court process, but that is how these barstewards work, they hope to get default judgements even though their case is non-existant.

[dx100uk]

Phone the court

Ask if the claimant has paid the fee - if no forget your ws..overwith they've lost..

 

If they have paid...

Ask if the claimant has filed their ws..if they havent then ask what should you do..file yours!?

 

If they have paid and sent ws...ask if you file yours within 24hrs will it be accepted

[FTMDave]

DX = Hero!

[Reapstar]

Thank you guys!

[Reapstar]

Hi all,

 

I spoke to the court today who said gladdys have paid the trial fee, they also kindly gave me a chance to do my WS and said to get my WS in asap, so all good there.

 

I just need a bit of assistance putting my witness statement together please.

 

Main points are :

 

Keeper was not the driver at the time the vehicle was parked.

 

Keeper has not provided name of driver as she was unaware of who was driving it at the time.

 

Secondary points :

 

Signage at the entry of the site is non-existent.

 

Signage where they do have them are very small and barely noticeable.

 

CPR request has not been honoured

 

I know it may sound stupid but how do I put it together?

 

 

Thank you all for your help, it is greatly appreciated.

[dx100uk]

Good

Use the search cag box of the top red toolbar

 

Witness statement gladstone

 

Have a go

[Reapstar]

Hi guys,

 

I managed to put this together on the quick, what do you think??

 

 

 

 

In the county court at Romford Claim Number:

BETWEEN:

 

UK CAR PARK MANAGEMENT LIMITED

Claimant

And MRS SO AND SO Defendant

 

Witness Statement

 

1. I am the defendant in this case.

 

2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.

 

3. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

 

4. I assert that on the relevant date I was the registered keeper of the vehicle in question, registration number ,,,,,.

 

5. As I was not the driver of the vehicle on the date of the alleged breach of contract. No contract could be formed with myself as I was not present at the time.

 

No entrance signage therefore no contract

The British Parking Association (of which the Claimant Company is a member) Code of Practice says regarding entrance signs:

"18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area."

 

The claimant is required to follow this code of practice but has not. There is no signage OR warning sign on the entrance to the car park. The Claimant is in breach of their own contract: Agreement in respect of Parking Control states under point 1: "the operator to keep to Code of Practice of BPA". I was unaware of ANY signage until alerted by the claimants parking charge notice. The elements of offer, consideration and acceptance have therefore not been satisfied and so no contract can exist.

 

No specific parking-terms signage seen therefore no contract

Section 18.3 of the BPA Code of Practice (Specific parking-terms signage) gives clear instructions as to the placing, visibility and clarity of any signs that are used to form contracts. It says:

"18.3 You must place signs (plural) containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm."

 

I claim that upon investigation the signs are roughly similar to an A4 sized piece of paper.

 

Section 18 (Signs) of the BPA Code of Practice (Specific parking-terms signage) states:

"18.5 If a driver is parking they must have the chance to read the terms and conditions before they enter into the contract with you."

 

I claim that I did not see or read any sign due to there being none clearly visible and the claimant is put to the strictest proof of their assertions that they have indeed followed the letter of law with relation to signage. The elements of offer, acceptance and consideration have therefore not been satisfied and so no contract can exist.

 

No Locus Standi

UK CAR PARK MANAGEMENT have failed to evidence that they are the lawful occupier of the land. Section 7 of the British Parking Association Code of Practice outlines to operators some of the common law principles of operating on someone else's land as a licensee. One such item is written authority - a written contract - to be there.

 

This was requested via a CPR 31.14 request which has still not been received.

 

 

STATEMENT OF TRUTH

 

I believe that the facts stated in this witness statement are true.

 

 

Signed

Print

 

Dated

Edited December 6, 2018 by dx100uk
reg no.

[lookinforinfo]

Bit too verbose. If you had read a few threads you would have found the simple two line defence that allows you to cover all the possibilities without giving away too much so that they can change their claim.

[Reapstar]

What do you recommend culling?

 

- - - Updated - - -

 

I have read a good few posts but it's difficult because not all are the same, this covers my main points, i.e. keeper was not driver at the time and the signage is not in line with legislation...

 

Please could you kindly point me towards the post you mention??

 

Thank you for all your help