DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 19283--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: April 8, 2024, 6:46 am
---------------------------------------------------------
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.
#Post#: 19284--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 8, 2024, 6:53 am
---------------------------------------------------------
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.
#Post#: 19329--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: April 8, 2024, 12:55 pm
---------------------------------------------------------
Then, of course make any changes you think will help your
defence and rebuttal of their claim.
#Post#: 21324--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: May 2, 2024, 10:33 am
---------------------------------------------------------
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.
#Post#: 21326--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: May 2, 2024, 10:54 am
---------------------------------------------------------
Was this a dispute resolution hearing? On what evidence did the
judge think you were obstructing other cars?
#Post#: 21332--------------------------------------------------
Re: Euro Parking County court letter
DIR By: DWMB2
Date: May 2, 2024, 11:16 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...
#Post#: 21393--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: May 3, 2024, 3:21 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.
#Post#: 21395--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: May 3, 2024, 3:26 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> 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...
>
--- End Quote ---
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
#Post#: 21761--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: May 7, 2024, 12:47 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.
#Post#: 23561--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: May 22, 2024, 10:38 am
---------------------------------------------------------
[member=103]DWMB2[/member] [member=26]b789[/member] Have you
guys got any thoughts on what would be the main focus points for
me at the hearing?
*****************************************************
Page 5 of 7
DIR Previous Page
DIR Next Page