Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: disgruntledparker on March 09, 2025, 01:16:53 pm
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I have a dispute resolution hearing tomorrow, my car was parked at the entrance of the car park and on the public footpath. Am I able to use this case as part of my submission for the hearing? If so, please can you give details of the claim so I can make reference to it. Also if there are other legal arguments than the usual which have been posted on the forum, such as chan and akande etc. Thank you
Originally posted here: Vehicle Control Services Ltd ordered to pay £803 for unreasonable conduct (https://www.ftla.uk/private-parking-tickets/vehicle-control-services-ltd-ordered-to-pay-803-for-unreasonable-conduct/msg64061/#new)
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Thanks, hopefully the Judge recognises that their claim is non compliant and dismisses their claim. Anything I need to do to prepare ?
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It's a bit late to be playing ping pong with supplementary witness statement and is likely to p!ss the judge off. As long as you pleaded Chan and Akande as preliminary matters the claim should be struck out. Gladstones issued claims are never CPR 16.4(1)(a) compliant.
If you followed the long defence as recommended on MSE, you should be OK but I prefer to use a much shorter defence with an attached draft order. Eitherway, as long as those two persuasive cases are pleaded early on in the defence, that should be a winner.
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Hi Witness statements were due on 26th Feb, Gladstones filed a supplemental.
I have cited Chan and Akande in defence and again in witness statement.
I just want to know if there are any arguments that I can use to say car was on public footpath and not in "the car park" as alleged by Gladstones.
Claim issued June 2024, I've used this forum and MSE forum for advice to prepare defence and witness statement. But just wanting to know if there's anything else I can add to rebutt the gladstones paralegal statement.
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Showing us a snippet of this case is not going to get you any answers. How come you have reached this stage in a Gladstones issued claim? Where have you been getting advice up until this point?
Any Gladstones issued claim should first be defended on the fact that they do not comply with CPR 16.4(1)(a) and in almost every case where this is pleaded in a defence together with the persuasive appeals transcripts of CEL v Chan (2023) (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=8sjc256s&dl=0) and CPMS v Akande (2024) (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=uhbx5ewp&dl=0), it is struck out at allocation stage.
If you've reached a hearing stage and you need assistance, then you'll have to post up the whole case including the initial Notice to Keeper (NtK), the Particulars of Claim (PoC) from the N1SDT Claim form, the precise wording of your defence and the evidence pack from the claimant.
What is your deadline for submitting your own Witness Statement (WS)?
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Car was parked at the entrance of the car park. Gladstones issued claim, I'm response to the Excel v Smith arguments gladstones have replied with another case which isn't helpful at all. Given the car was on a public footpath with the back end at the entrance of the "car park" any other legal arguments i could present and draft in my supplementary witness statement to gladstones ?
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