Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - BigPoppa

Pages: [1] 2 3
1
Private parking tickets / Re: Euro Parking County court letter
« on: June 21, 2024, 01:35:20 pm »
It was dismissed due to the Judge agreeing with me that the signs would have been unreadable due to no lighting and it being dark that night.

Also, the judge said that she agreed with me, that even if the signs were readable, I had not parked obstructively as there was enough room for cars to pass by my car and I had not blocked the walkway. Also, there are no marked bays at all in this space but Gladstone's solicitors were aruging that I had breached due to not parking in a marked parking space and I had parked obstructively by blocking the walkway for pedestrians and cars.

2
Private parking tickets / Re: Euro Parking County court letter
« on: June 21, 2024, 12:43:37 pm »
We won this one guys!! Thank you for all your help everyone especially to @b789

I was awarded 2 lots of £95 for 2 court appearances and my parking costs.

The judge completely agreed that the signs were unreadable especially as it was dark and this location had no lighting. She did not refer to any of the legal arguments in my documents but as I had the opportunity to cross-examine the Gladstones solicitor I asked him about why the particulars of the claim as filed and served did not set out the conduct which
amounted to the breach and he did not have an answer. I also asked him how he expects motorists to read the signs at night without any lighting and he argued that the signs have been approved by the law to which I showed the judge the example of the Beavis case.

Glad to see the back of this! Thanks all once again this forum is a life saver!!

3
Private parking tickets / Re: Euro Parking County court letter
« on: June 12, 2024, 08:27:06 pm »
Thanks @b789 I have added your most recent additional point and re-uploaded it here - https://www.scribd.com/document/741716803/Skeleton-Upload

Let me know what you think.

4
Private parking tickets / Re: Euro Parking County court letter
« on: June 12, 2024, 06:39:33 pm »
@b789 I had another copy of the whole bundle in the post today which includes all of my paperwork and theirs.

Here is a link to my skeleton argument - https://file.io/Y8KJaBpJ1Ubn

I have never done one before so it might need some edits. Can you let me know what you think before I submit it, please?

5
Private parking tickets / Re: Euro Parking County court letter
« on: May 23, 2024, 11:36:40 am »
Thank you @b789  :)

The hearing is on 19/06 at Birmingham court.

The claimant's current claim is for £170 (£169.09 shown in the first box of the amount claimed on the N1SDT claim form)

I included standard witness costs for loss of earnings and attendance in court of £95 in my WS.

It will be a different judge at the next hearing and I will create a set of notes as bullet points of all the points you have raised and the applicable laws to go in and make a good case.




6
Private parking tickets / Re: Euro Parking County court letter
« on: May 22, 2024, 04:38:04 pm »
@DWMB2 @b789 Have you guys got any thoughts on what would be the main focus points for me at the hearing?

7
Private parking tickets / Re: Euro Parking County court letter
« on: May 07, 2024, 06:47:19 pm »
Hi all, I'm just giving this one a push for advice on what I should focus on for the next hearing.

Thanks, in advance.

8
Private parking tickets / Re: Euro Parking County court letter
« on: May 03, 2024, 09:26:53 am »
Where did you park?

From looking back at your defence and witness statement, the argument that the signage is forbidding and therefore incapable of forming a contract (as it doesn't make an offer to those who are not authorised) doesn't come across particularly strongly. Did you communicate this point in court?

I also wonder whether an argument that the signage was unlit and not visible is undermined by your argument that you did read the signage but found it confusing...

I parked by the entrance but left the walkway clear for pedestrians and no cars were in the site and so I was not blocking anyone. I stayed in the car with the lights on so could easily move if I did block anyone.

Should I focus on this point at the next hearing? - the argument that the signage is forbidding and therefore incapable of forming a contract

9
Private parking tickets / Re: Euro Parking County court letter
« on: May 03, 2024, 09:21:42 am »
It was a dispute hearing. I was parked by the entrance and Gladstones had an image of a car that pulled alongside my car. This was someone who had stopped to talk to me whilst I was still in the car. The judge thought it had stopped because I was parked near the entrance but I explained that this person was actually having a conversation with me.

The judge did say that in my favour Gladstone's have not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract - Civil Enforcement Limited v Chan (Ref. E7GM9W44) and that as the sign were unlit and it was at night time that I had a point there.

He said on Gladstone's side he did not believe that where I parked was a layby, it was a car park and that I was potentially parked blocking the entrance.

10
Private parking tickets / Re: Euro Parking County court letter
« on: May 02, 2024, 04:33:23 pm »
An update.

I went to the court hearing today and the Gladstones solicitors came and spoke to me before the hearing asking if I wanted to talk and settle. I said I wanted the judge to strike out the claim and would not be settling to pay any costs.

We went into the courtroom and the judge asked if we wanted to settle I said I was not willing to pay a fine or costs because the signs are unlit, confusing and cannot form a contract. The judge after asking questions about my parking and asking the Gladstones solicitor what he wanted to do said that we both had a 50/50 chance of winning because the signs were unlit and in darkness when I parked but that he thought the way I parked was obstructing others cars as I parked near the entrance.

It has been adjourned until next month so I have to go to court again.

11
Private parking tickets / Re: Euro Parking County court letter
« on: April 08, 2024, 12:53:42 pm »
I haven't sent it to the court or the claimant as yet. I just think it is worth adding to highlight that there are no marked bays like a normal car park would have.

12
Private parking tickets / Re: Euro Parking County court letter
« on: April 08, 2024, 09:30:30 am »
I have had Gladstones paperwork through the post today. It says that the terms and conditions were breached because -

'The photographic evidence shows the vehicle to be parked at the entrance of the site during xxxxxx and xxxxx thus outside of a marked bay causing an obstruction. The vehicle was therefore not authorized to park at the site.'

There are no marked bays in this location. Is it worth changing para 9 to -

I took care to park in a manner that I perceived as compliant with the rules in the immediate vicinity as this layby does not have any marked parking bays and was completely empty of any other vehicles.

13
Private parking tickets / Re: Euro Parking County court letter
« on: April 07, 2024, 10:46:32 am »
Thank you both. I will read through it carefully and send it to the courts this week ready for the hearing.

14
Private parking tickets / Re: Euro Parking County court letter
« on: April 05, 2024, 04:58:33 pm »
I haven't had any hearings or reserved costs awarded so I will remove this line. I would like to add costs for the time taken to prepare the papers and appearance at the courts. Can these costs be added anywhere?

15
Private parking tickets / Re: Euro Parking County court letter
« on: April 05, 2024, 02:25:19 pm »
Thanks.

I have changed para12 from goods to passengers and fixed the headers. I have deleted two from para 37, good spot!

The reserved costs were in the last doc so I thought it was a general figure that is used to claim costs from the other side. Should this be removed completely?

Pages: [1] 2 3