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County Court Claim >£500! - Horizon & Gladstones - Help needed please!
timtim
post Fri, 24 Nov 2017 - 01:20
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Hi all,

I have received a Claim Form for Northamptonshire County Court from Gladstones Solicitors on behalf of Horizon Parking. It relates to three PCNs from July 2016, Dec 2016 and April 2017. The total amount claimed is £535 - £420 parking fines and the rest various charges, interest etc. Quite a lot.

I did (erroneously it seems) what many before me have done. Ignored most of the letters from Horizon. I have had many a parking fine disappear like this and thought most likely this would happen again. Apparently not this time!

All three PCNs were issued at the address where I rent a flat and live. It is a block of flats with an allocated underground parking space, which is included in my monthly rent and for which I have a resident permit. There are also visitor permits. If I remember correctly, one or two of the PCNs were for the driver forgetting to display a permit when parking in the allocated space and the other was for the driver parking in an outside visitor spot whilst they went upstairs for a short while.

I most likely received many letters for this. I don't recall ever having seen a NTK for any of them - possibly my fault for overlooking it. The only reason I picked up on the claim is because I received a slightly different looking letter a couple of months ago that turned out to be a Letter Before Claim from Gladstones. I followed the advice on this forum and responded- this was duly ignored and the next letter was the claim form. My response to the LBC was fairly robust I think, and I did in fact make a 'Without Prejudice' offer of £75 (£25 per PCN to cover admin fees) to settle. Obviously this was also ignored. It is attached below.

I'm just looking for what steps to take next really, and some help with drafting a defence. I think that a) I shouldn't be fined for the driver parking in the allocated space, even if the permit was not displayed and b) they certainly did not cause the PPC any loss of earnings due to breach of contract to claim back from me!

Just to note - I have actually moved address (same building, different number) since the PCNs were issued but have still been receiving everything to the old address despite having informed them in my response the LBC that I had moved. It is only for the decency of the current tenant that I have even received the claim form. Just further proof they totally ignored my letter!

Many thanks in advance everyone.

T

This post has been edited by timtim: Fri, 24 Nov 2017 - 01:21
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timtim
post Fri, 15 Dec 2017 - 11:58
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All done and submitted by email.

Thanks everyone for your help - will let you know what happens next.

T
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nosferatu1001
post Fri, 15 Dec 2017 - 13:24
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We know the next steps, and so will you need to know - as you MUST keep on top and not assume that no news is good news. It could mean something went missing in the post (DQ_ and you now havae a default judgement heading your way!

Psot 2, Newbies thread, MSE forum. Read, read, read, read....
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timtim
post Sat, 30 Dec 2017 - 12:31
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QUOTE (nosferatu1001 @ Fri, 15 Dec 2017 - 13:24) *
We know the next steps, and so will you need to know - as you MUST keep on top and not assume that no news is good news. It could mean something went missing in the post (DQ_ and you now havae a default judgement heading your way!

Psot 2, Newbies thread, MSE forum. Read, read, read, read....


Okay so following up on this, I have now received a copy of Gladstones' DQ from them, as well as their request for a paper hearing (which I will decline as per advice) - but nothing received from the court re: my DQ.

My defence was received by the court by email on 15th Dec and the MCOL history confirms as much.

Should I be worried? Or just Christmas delays?

Also - none of Gladstones' paperwork is dated. Bit odd.

Thanks
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nosferatu1001
post Sat, 30 Dec 2017 - 13:34
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Check mcol. It tells you if the DQ has been sent.
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timtim
post Sat, 30 Dec 2017 - 13:56
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QUOTE (nosferatu1001 @ Sat, 30 Dec 2017 - 13:34) *
Check mcol. It tells you if the DQ has been sent.


Yep, done that. Just says defence received 15/12/17.

Must be being slow for Christmas I guess.
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kommando
post Sat, 30 Dec 2017 - 14:00
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You can download a PDF of the DQ and fill that in and then send copies to both court and Gladstones.
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timtim
post Sat, 30 Dec 2017 - 14:20
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QUOTE (kommando @ Sat, 30 Dec 2017 - 14:00) *
You can download a PDF of the DQ and fill that in and then send copies to both court and Gladstones.


Ok cool, thanks. Didn’t realise that.

Is there any disadvantage to doing that before I hear back from them? Do you think it’s odd none of Gladstones’ paperwork is dated?
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ostell
post Sat, 30 Dec 2017 - 16:18
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They just send a standard response, probably preprinted. Not unknown for them to send blank forms.
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nosferatu1001
post Sat, 30 Dec 2017 - 23:38
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They send blank forms all the time. All the damn time. Courts don’t seem to give a damn
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timtim
post Fri, 2 Feb 2018 - 11:03
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Okay, progress!

My files have now bene transferred to my local county court and a date for hearing set (13th March).

I have to submit my Witness statement by 13th Feb (2 weeks!)

Am I right in thinking that the job now is to write a decent witness statement and submit it...and that's it? Can anyone point me in the direction of a thread with the best guidance for this?

Thanks
T
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Redivi
post Fri, 2 Feb 2018 - 11:45
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Look for threads that describe residential cases and, in particular, mention the appeal case Jopson v Home Guard Services B9GF0A9E

You must also provide documents that support your defence
The vital one is your lease

If it includes parking and doesn't include any requirement to display permits, Horizon can't impose the condition by erecting signs

The points that you have to get over to the court are :

1 The space is your own property
2 You have an unconditional right to park your vehicle on it
3 You have never agreed to a change in the terms of your lease
4 Horizon's operatives knew that it was your vehicle and had no reason to enter your property to inspect it
5 You display your permit as a courtesy to assist Horizon's operatives, not because they have any authority over the space
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Half_way
post Fri, 2 Feb 2018 - 15:10
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Pretty much as above, especially point 5.

You also need to hammer home that the behaviour of the parking company, and its principal ( typicaly the management company) is unreasonable in pursuing this in court, wasting your taime and the courts time, and that they had no just cause to access your data as you already had a prior right to park
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timtim
post Sat, 3 Feb 2018 - 16:29
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Okay, thanks for the input!

Have started my witness statement now. Can you guys have a look and see if I am on the right lines?

One problem I am having is that the PoC I received are very vague - literally just say I breached terms of parking & dates - so I'm having a hard time figuring out if they were incurred in my own bay or in an unallocated bay (which I would have used for loading or something). Hence why I've been so general about it. Is that okay? I assume the same arguments apply.

Anyway, here it is..any input much appreciated!



WITNESS STATEMENT

I, -------- of --------, am the defendant in this matter.

1 - I was the registered keeper of the vehicle with registration number -------- involved in the penalty charge notices --------, -------- & --------, issued by Horizon Parking Limited, on -------- , -------- & -------- respectively.

2 - From -------- to --------, I was a paying Tenant under an Assured Shorthold Tenancy Agreement at --------. All of the aforementioned PCNs were received during this period.

3 - I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case.

4 - On the material dates, the Defendant's vehicle was either parked in the property's allocated parking bay in the secure underground parking garage, or stopped at a convenient point in an unallocated parking bay close to the entrance of the building, for the purposes of loading and unloading.

5 - As the Tenant at --------, my rights of parking are outlined in the 'Head Lease', under which the landlord took ownership of the property. This includes the provision of the allocated parking bay in question. Use of this allocated bay was conferred onto myself as a paying tenant. The lease provides 'The exclusive right for the Purchaser and his Licensees the owners and occupiers for the time being of the Demised Premises to use the Car Parking Space to park one private motor car.' It makes no mention of the requirement for any permit for parking and constitutes 'Primacy of Contract' over any purported contract with Horizon Parking.
a. Precedent for this is set in the case of Pace v Mr N [2016] C6GF14F0 [2016]. In this case it was found that the parking company could not override the tenant's right to park by requiring a permit to park.
b. There is no provision in any regulation contained in my lease that requires me to contract with a third party with regards to car parking and absolutely no right to enforce anything that requires me to make payment to a third party.
c. I have never received nor agreed to any change to the terms of the lease - be that the 'Head Lease' or the Assured Shorthold Tenancy Agreement.
d. Any permit that is displayed on the car in question is for the purpose of assisting Horizon's operatives, rather than because Horizon have any authority over the allocated space.

6 - Where the PCN concerns the use of an unallocated bay rather than the bay allocated to the property, this was for the purpose of convenient access to the entrance of the building and did not constitute 'parking'.
a. It would be an implied term of the tenancy agreement that tenants should be able to stop near the building entrance temporarily, for the purposes of access and to transfer heavy or bulky items from the vehicle to the property, or vice versa.
b. Precedent for this was set in the case of Jopson v Homeguard [2016] B9GF0A9E, where it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading.

7- The signage does not offer a contract with the motorist.
a. The claim is presumably for breach of contract. However, it is denied any contract existed.
b. The wording of the signage forbids parking, then there is no offer to park and therefore no contract formed.
c. In the case of Horizon Parking v Mr J C5GF17X2 [2016] it was found the signage was forbidding and therefore the matter was one of trespass.
d. In matters of trespass, only the landowner can claim, not the parking company. Horizon are therefore unable to bring a claim.

8 - There are multiple possible drivers of the vehicle in questions. The driver of the car at the time has not been identified by the claimant and as the registered keeper I have no obligation to name the driver. There is no lawful presumption that a registered keeper was the driver, in relation to private parking charges (evidenced by barrister Henry Greenslade in the POPLA Annual Report 2015, where he also confirmed that a keeper cannot be held liable within the scope of the POFA, schedule 4).

9- No 'Notice to Keeper' has been received by myself as the owner of the vehicle in question. Horizon have therefore failed to meet the requirements of POFA 2012 Schedule 4 to hold the keeper liable.
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southpaw82
post Sat, 3 Feb 2018 - 17:00
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A witness statement should not contain legal argument. That is quite clear from decisions of the Court of Appeal. It is a place for facts, commonly known as evidence. In short, it should only contain things you could say from the witness box at trial. Whether you, or anyone else, listens to me is beyond my control.


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timtim
post Sat, 3 Feb 2018 - 17:07
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QUOTE (southpaw82 @ Sat, 3 Feb 2018 - 17:00) *
A witness statement should not contain legal argument. That is quite clear from decisions of the Court of Appeal. It is a place for facts, commonly known as evidence. In short, it should only contain things you could say from the witness box at trial. Whether you, or anyone else, listens to me is beyond my control.


Okay, fair enough. I'll take them out. When are these introduced then? When I'm actually in the court?

Given that's the case, I'm totally off track...and I can't give much 'fact' because I don't really know what their PoCs are! All I can say is that I'm resident and have right to use my own spot and hypothesise about where I was parked and why on those days.

What do you recommend?

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southpaw82
post Sat, 3 Feb 2018 - 17:19
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The fundamental point that often seems to be forgotten is that you make your argument orally in court. Very often "defences" amount to what are properly known as written submissions, which are largely used when the court will not hear oral argument - as an example, following a case earlier this week both myself and the other side were asked to make written submissions as to costs. The court won’t hear oral argument from us again, it will simply decide on the basis of the written submissions.

In court, you would make your points orally, structured by notes or a skeleton argument if you wish. Eg, "I am not liable as claimed for several reasons. The first is that I am in fact a tenant of the property with a right to occupy the parking place. This is evidenced in paragraph x of my witness statement, and a copy of my lease exhibited to that statement at divider y of the bundle. Secondly..."

You certainly don’t refer to yourself in the third person in a witness statement. Would you sit in the witness box in court and say "the defendant", or would you say "I"?

Where you make an argument in your statement you need to reword it to be evidence that would support the same argument made orally in court.


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timtim
post Sun, 4 Feb 2018 - 19:25
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QUOTE (southpaw82 @ Sat, 3 Feb 2018 - 17:19) *
The fundamental point that often seems to be forgotten is that you make your argument orally in court. Very often "defences" amount to what are properly known as written submissions, which are largely used when the court will not hear oral argument - as an example, following a case earlier this week both myself and the other side were asked to make written submissions as to costs. The court won’t hear oral argument from us again, it will simply decide on the basis of the written submissions.

In court, you would make your points orally, structured by notes or a skeleton argument if you wish. Eg, "I am not liable as claimed for several reasons. The first is that I am in fact a tenant of the property with a right to occupy the parking place. This is evidenced in paragraph x of my witness statement, and a copy of my lease exhibited to that statement at divider y of the bundle. Secondly..."

You certainly don’t refer to yourself in the third person in a witness statement. Would you sit in the witness box in court and say "the defendant", or would you say "I"?

Where you make an argument in your statement you need to reword it to be evidence that would support the same argument made orally in court.



Okay, thanks again for the input. Really appreciate your time and help on this.

I've re-done the witness statement, removed legal arguments, but have quoted the lease as I feel that is something I would be able to say as 'fact' in court.

Thoughts?



WITNESS STATEMENT

I, -------- of --------, am the defendant in this matter.

1 - I was the registered keeper of the vehicle with registration number -------- involved in the penalty charge notices --------, -------- & --------, issued by Horizon Parking Limited, on -------- , -------- & -------- respectively.

2 - From -------- to --------, I was a paying Tenant under an Assured Shorthold Tenancy Agreement at --------. All of the aforementioned PCNs were received during this period.

3 - I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons.

4 - On the material dates, the vehicle was either parked in the rented property's allocated parking bay in the secure underground parking garage, accessible only with a remote key fob supplied at the start of the tenancy, or stopped at a convenient point in an unallocated parking bay close to the entrance of the building, for the purposes of loading and unloading.

5 - As the Tenant at --------, my rights of parking are outlined in the 'Head Lease', under which the landlord took ownership of the property. This includes the provision of the allocated parking bay in question. Use of this allocated bay was conferred onto myself as a paying tenant.
a. The lease provides 'The exclusive right for the Purchaser and his Licensees the owners and occupiers for the time being of the Demised Premises to use the Car Parking Space to park one private motor car.' It makes no mention of the requirement for any permit for parking.
b. There is no provision in any regulation contained in my lease that requires me to contract with a third party with regards to car parking and absolutely no right to enforce anything that requires me to make payment to a third party.
c. I have never received nor agreed to any change to the terms of the lease - be that the 'Head Lease' or the Assured Shorthold Tenancy Agreement.

6 - Where the PCN concerns the use of an unallocated bay rather than the bay allocated to the property, this was for the purpose of convenient access to the entrance of the building.
a. The 'Head Lease' grants 'The right for the Purchaser and his Licensees in common with the Company the Management Company the Owners and occupiers of all other Flats forming part of the Building and all others having the like right to use for the purposes of access to and egress from the Demised Premises and the Car Parking Space (if any) all such parts of the Common Parts as afford access thereto.'

7 - The signage at the property only forbids parking without a permit and does not offer a contract.
a. The claim is presumably for breach of contract. However, I deny that any contract existed with myself.
b. The wording of the signage forbids parking, and there was therefore no offer to park.

8 - There are multiple possible drivers of the vehicle in question. My partner is insured to drive the car and my father, who stays at the same address, also has use of the vehicle. The driver of the car at the time has not been identified by the claimant and as the registered keeper I have no obligation to name the driver.

9 - Correspondence from the Claimant and the Claimant's solicitor has been poor≥
a. No 'Notice to Keeper' has been received by myself as the owner of the vehicle in question.
b. No correspondence from Gladstones has been receieved by myself despite my response to their 'Letter Before Claim' requesting more information regarding the claim and evidence supporting it.
c. The Particulars of Claim sent by Gladstones are vague and do not detail how the amount claimed has been calculated. I am unable to form a full defence as I am unable to determine on exactly what basis the claim is being brought.

10 - I believe that the facts stated in this witness statement are true
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SchoolRunMum
post Sun, 4 Feb 2018 - 23:19
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QUOTE
8 - There are multiple possible drivers of the vehicle in question. My partner is insured to drive the car and my father, who stays at the same address, also has use of the vehicle. The driver of the car at the time has not been identified by the claimant and as the registered keeper I have no obligation to name the driver. The Claimant did not serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012, Schedule 4, therefore I cannot be held liable under any applicable law, nor can I be presumed to be the driver on the balance of probabilities.


You could add to the above.

And your WS needs to refer to your numbered exhibits, which IMHO should include:

- your car insurance and your father's, to prove they can both drive this car/any car
- a copy of Schedule 4 of the POFA, read it and understand what a compliant NTK must have in its wording - see para 8(2)f, etc.
- the Head Lease
- the tenancy agreement
- a copy of the Beavis case sign to show what a clear sign looks like
- photos of the sign there to show what an unclear/forbidding sign looks like
- any paperwork or email that came with the permits, if this does not mention an 'obligation' or 'contract' or £100 parking charge
- Jopson v HomeGuard
- Saeed v Plustrade
- Pace v Noor
- Link v Parkinson
- PCM v Bull (forbidding signs explained)

(all transcripts available from the BMPA website or from the Parking Prankster's case law pages (Google to find them, read them, understand them).

You could add that you watched the recent Parliamentary debate on the planned Private Parking Code Bill, which particularly singled out the current unacceptably huge numbers of unfair 'parking charges' received by ordinary residents, and how this is considered completely unreasonable (then attach a full transcript printout as part of your exhibits, with the relevant speeches about Gladstones and unfair ticketing of residents' cars at their own homes, being highlighted):

http://forums.moneysavingexpert.com/showthread.php?t=5787731

http://parliamentlive.tv/event/index/2f038...918?in=12:49:41

https://www.theyworkforyou.com/debates/?id=...9.0&p=11026

Stephen Doughty Labour/Co-operative, Cardiff South and Penarth
''I will make my own speech, but I wonder if he will add to his list of unreasonable circumstances the repeated issuing of fines to individuals parking in their own parking space outside their property, which has affected me and many of the residents in the block where I live in Cardiff.''

Greg Knight Conservative, East Yorkshire
''I certainly would condemn that, and I will share an example with the House shortly of a similar case that I regard as outrageous...Even homeowners have been hit, as the hon. Gentleman said in his intervention. A case was brought to my attention about residents in a Salford block of flats to whom over 200 tickets were issued for parking in their own car park in just one month.''

Stephen Doughty Labour/Co-operative, Cardiff South and Penarth
''I wholeheartedly support the Bill proposed by the right hon. Member for East Yorkshire and very much hope it gets Royal Assent. We need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with it, and I wholeheartedly support the Bill.''

Also as you mentioned they ignored your letter informing them that you had moved address, mention that too:

Stephen Doughty Labour/Co-operative, Cardiff South and Penarth
''In some cases, information has been wrongly obtained from the DVLA and documents have been sent to the wrong address or to an old address. People are then served with a series of demands, solicitors’ letters and bailiffs’ letters. I regret to say that many of my constituents have ended up with county court judgments, which do huge damage to their credit rating and their ability to get mortgages. Some people have even ended up on “Can’t Pay? We’ll take it away!” over a tiny parking fine, which may even have been for parking in their own parking space. That simply cannot be right.''

and because it's Gladstones, highlight this too:

''Gladstones Solicitors of Knutsford is involved in many such cases—to be clear, I am talking about the firm in Knutsford; there are other firms of solicitors that use the same name—as is BW Legal. I have been involved in a lengthy case concerning a constituent. This week, I raised concerns about such firms with the Solicitors Regulation Authority, and I am hopeful that it will take a close look at the matter and consider whether the firms are complying with the regulatory environment for solicitors, and with best practice.''

''Fundamentally, this comes down to common sense, justice and reasonableness. When things end up in court, it is an absurd situation. Roboclaims companies, which are making a massive mint off this industry, can issue a summons for just £30, and yet a defendant can sometimes have to pay as much as eight times that to defend the case, as well as having to deal with the time, emotion and everything that comes with that process.

I wholeheartedly support the Bill proposed by the right hon. Member for East Yorkshire and very much hope it gets Royal Assent. We need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with it''


This post has been edited by SchoolRunMum: Sun, 4 Feb 2018 - 23:22
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timtim
post Sun, 4 Feb 2018 - 23:38
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QUOTE (SchoolRunMum @ Sun, 4 Feb 2018 - 23:19) *
QUOTE
8 - There are multiple possible drivers of the vehicle in question. My partner is insured to drive the car and my father, who stays at the same address, also has use of the vehicle. The driver of the car at the time has not been identified by the claimant and as the registered keeper I have no obligation to name the driver. The Claimant did not serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012, Schedule 4, therefore I cannot be held liable under any applicable law, nor can I be presumed to be the driver on the balance of probabilities.


You could add to the above.

And your WS needs to refer to your numbered exhibits, which IMHO should include:

- your car insurance and your father's, to prove they can both drive this car/any car
- a copy of Schedule 4 of the POFA, read it and understand what a compliant NTK must have in its wording - see para 8(2)f, etc.
- the Head Lease
- the tenancy agreement
- a copy of the Beavis case sign to show what a clear sign looks like
- photos of the sign there to show what an unclear/forbidding sign looks like
- any paperwork or email that came with the permits, if this does not mention an 'obligation' or 'contract' or £100 parking charge
- Jopson v HomeGuard
- Saeed v Plustrade
- Pace v Noor
- Link v Parkinson
- PCM v Bull (forbidding signs explained)

(all transcripts available from the BMPA website or from the Parking Prankster's case law pages (Google to find them, read them, understand them).

You could add that you watched the recent Parliamentary debate on the planned Private Parking Code Bill, which particularly singled out the current unacceptably huge numbers of unfair 'parking charges' received by ordinary residents, and how this is considered completely unreasonable (then attach a full transcript printout as part of your exhibits, with the relevant speeches about Gladstones and unfair ticketing of residents' cars at their own homes, being highlighted):

http://forums.moneysavingexpert.com/showthread.php?t=5787731

http://parliamentlive.tv/event/index/2f038...918?in=12:49:41

https://www.theyworkforyou.com/debates/?id=...9.0&p=11026

Stephen Doughty Labour/Co-operative, Cardiff South and Penarth
''I will make my own speech, but I wonder if he will add to his list of unreasonable circumstances the repeated issuing of fines to individuals parking in their own parking space outside their property, which has affected me and many of the residents in the block where I live in Cardiff.''

Greg Knight Conservative, East Yorkshire
''I certainly would condemn that, and I will share an example with the House shortly of a similar case that I regard as outrageous...Even homeowners have been hit, as the hon. Gentleman said in his intervention. A case was brought to my attention about residents in a Salford block of flats to whom over 200 tickets were issued for parking in their own car park in just one month.''

Stephen Doughty Labour/Co-operative, Cardiff South and Penarth
''I wholeheartedly support the Bill proposed by the right hon. Member for East Yorkshire and very much hope it gets Royal Assent. We need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with it, and I wholeheartedly support the Bill.''

Also as you mentioned they ignored your letter informing them that you had moved address, mention that too:

Stephen Doughty Labour/Co-operative, Cardiff South and Penarth
''In some cases, information has been wrongly obtained from the DVLA and documents have been sent to the wrong address or to an old address. People are then served with a series of demands, solicitors’ letters and bailiffs’ letters. I regret to say that many of my constituents have ended up with county court judgments, which do huge damage to their credit rating and their ability to get mortgages. Some people have even ended up on “Can’t Pay? We’ll take it away!” over a tiny parking fine, which may even have been for parking in their own parking space. That simply cannot be right.''

and because it's Gladstones, highlight this too:

''Gladstones Solicitors of Knutsford is involved in many such cases—to be clear, I am talking about the firm in Knutsford; there are other firms of solicitors that use the same name—as is BW Legal. I have been involved in a lengthy case concerning a constituent. This week, I raised concerns about such firms with the Solicitors Regulation Authority, and I am hopeful that it will take a close look at the matter and consider whether the firms are complying with the regulatory environment for solicitors, and with best practice.''

''Fundamentally, this comes down to common sense, justice and reasonableness. When things end up in court, it is an absurd situation. Roboclaims companies, which are making a massive mint off this industry, can issue a summons for just £30, and yet a defendant can sometimes have to pay as much as eight times that to defend the case, as well as having to deal with the time, emotion and everything that comes with that process.

I wholeheartedly support the Bill proposed by the right hon. Member for East Yorkshire and very much hope it gets Royal Assent. We need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with it''



What an amazing response! Thank you! I was actually thinking about how to put together a list of documents to send with the witness statement but it seems you’ve done that for me! Thanks!

Other than adding the extra detail to point 8, do you think the witness statement is otherwise acceptable? It’s difficult for me to give much detail about where the car was parked as it was a while ago and the POCs are vague. What do you think?
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southpaw82
post Mon, 5 Feb 2018 - 08:38
Post #60


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You don’t exhibit cases. You just put them in the bundle. A witness wouldn’t give evidence of case law in court so it shouldn’t be referred to in a witness statement. That is for oral argument in court.


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