Euro Parking County court letter

That's just a POPLA appeal. Not going to impress a judge.

Have a read of this document, the bit about "Witness Statements" is particularly useful:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

Here is another useful guide:

https://www.wrighthassall.co.uk/knowledge-base/a-guide-to-preparing-witness-statements-for-clients

It is important that you put the correct headers in and sign off with a Statement of Truth.

There are links to 5 exemplar witness statements in this thread over on MSE which you should have a read of and use as a good example:

https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

Here are a few of them to give you a guide:

https://onedrive.live.com/view.aspx?resid=D45076F206E55709%21556&authkey=!AG7jsD4bncg5vdU

https://drive.google.com/file/d/1G9ULcEMg_Z-Y5mbhpwR37T6TBGYFzn1O/view

https://www.dropbox.com/scl/fi/umwm4jzp7csnmfz7hwv92/WS.docx?rlkey=u63ica7muz0zy6mpar1mfzyl0&dl=0

Thank you @b789

I have drafted a new WS and attached it. I hope it reads better.  Thanks.

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Much better. However, I note some contradiction between what you say in para 9 and para 12. Is stopping to "pick up" your daughter "picking up" goods?

There are some formatting errors. Your heading needs fixing and the individual headers on each page need fixing.

Para 37 starts with a random "two". Sort that.

Without going back through the whole thread, what are the "reserved costs"? Was the original claim set aside?

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?

Again, without trawling back through the thread, have you already had a hearing of someone sorts, such as a set aside for a default CCJ, where a judge has ordered that some costs you previously claimed were to be "reserved" for the outcome of this claim?

If not, then I have no idea what you are referring to in that costs schedule.

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?

The only costs you can order is up to £95 for attending plus any travelling expenses and parking.

Should you manage to show that the Claimant has acted unreasonably (a high bar to achieve), you could ask for more costs but you are pushing it if you think you'll get much more, assuming you win the case in a small claims hearing.

You need to try and understand what you have put in your WS as you are likely to be questioned on any part of it. If the Claimant can make you look stupid by showing you have only copied and pasted from an internet forum without understanding what it is you have put in your WS signed with a statement of truth, you run the risk of being the party that has acted unreasonable. Caveat emptor.

As above. It's quite reasonable to draw on good points others have raised in previous witness statements, but it is your statement. Read every point carefully, and make sure you'd be able to explain it if asked to.

Thank you both. I will read through it carefully and send it to the courts this week ready for the hearing.

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.

You can’t change your WS if you’ve already sent it to the court and the claimant/solicitor. You can submit a supplementary WS but don’t get into a ping pong match with the claimant as a judge will not want a back and forth match.

You can raise this point at the hearing if you are contesting it. Make sure you understand your WS and the points you are making.

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.

Then, of course make any changes you think will help your defence and rebuttal of their claim.

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.

Was this a dispute resolution hearing? On what evidence did the judge think you were obstructing other cars?