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UKCPM/gladstone claimform - Windscreen PCN - visitor permit own space *** Case Dismissed ***

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Thank you.

Reading the link regarding a defence for a court case. The detail of the defence is a little daunting.

If the claim is followed through what level defence is needed initially.

Would we require legal assistance which could be costly?

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if they go down that road ( long way to go yet) then initially all you need to put as a skeleton defence is no contract formed due to supremacy of contract as occupier of the land.

 

You will get the opportunity to expand on this if it gets as far as court

but before that happens they will have to explain why they are claiming when they know they have no right to.

 

Obviously they tend to lie about this irritating fact

but you can demand to see their contract to see who it is with an why they think that it trumps your rights.

 

In reality they will have signed up a managing agent and so have no "locus standi" and will lose and owe you money

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Claim form now received so advice would be welcome.

 

What should we say in response?

 

The parking company were contracted by the Southdown's Park Management Company to manage the parking on the estate to stop hospital visitors parking i residents bays.

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Name of the Claimant ? - UK Car Parking Management Ltd

claimants Solicitors: - Gladstone Solicitors Ltd

Date of issue – 8th January 2018

 

What is the claim for –

1.Driver of vehicle xxxxxxx incurred the parking charge(s) on 11.3.2017 for breaching the terms of parking on the land at Southdowns Park - Southdowns Park Haywards Heath West Sussex, RH16 4SS.

 

2.The defendant was driving the vehicle and / or is the keeper of the vehicle.

 

3.AND THE CLAIMANT CLAIMS

£160 for parking charges / damages and indemnity costs if applicable,

together with interest of £9.55 pursuant to s69 of the county courts act 1984 at 7% pa, continuing to judgement at 0.04 pence per day.

 

What is the value of the claim? £244.55

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ?

Claim form by Parking Company

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

The account was assigned to Debt Recovery Plus Ltd to encourage payment but the claim id from the parking company CPML

Additional info

4. It is denied that the Claimant entered into a contract with the Defendant.

As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.

 

 

The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner.

 

 

Accordingly, it is denied that the Claimant has authority to bring this claim.

 

 

The proper Claimant is the landowner.

 

In respect of the above.

 

We have a letter regarding the parking control FAQs from the property management company stating;

"If i receive a parking ticket, which i believe is unjustified, may i appeal?"

"Yes, there are signs placed around the site giving contact details for CPM (UK Car Parking Management).

Should there be a dispute regarding the validity of the ticket, the matter will be referred to SPMC for resolution".

 

Could i have your comments regarding the above, then i will submit the defence.

 

I have requested a copy of the full contract with CPML from the management company for clarification on the contract.

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

cpr 31:14

 

to the solicitors

 

[Your address]

.

 

[Their address [solicitors]

.

[Date]

.

 

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

 

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT


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once the aos and the CPR letter have been sent you will need to put in a skeleton defence.

 

Apart form the obvious which is the land is yours and they have no authority to be there so are committing trespass

you should send a letter to the court ( same address as on the paperwork you received)

 

point out that their Particulars of Claim are so rubbish the claim should be summarily srtuck out under CPR 3.4 and 16.4.

 

The reasons for this are many fold but summarised by

not saying in what capacity they are suing, driver or keeper,

not stating why the money owed is different from the amount in the contract etc.

 

This is where the POFA and their Beavis judgement are your friend and not theirs.

 

They may think that they dont have to show quantum for damages

but the other side of the coin is they cant add unicorn food tax on top of their £100 because that includes a penalty charge within the contract

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Hi all

I have the contract for the parking but cannot attach it.

Is there any way i can attach the file for you guys to take a look?

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read upload pdf please


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have you sent the CPR too?


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Get the CPR request sent off so you have time to go for a strike out before the court needs to send the next paperwork.

You must give them 14 days to deliver so clock ticking.

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have you done MCOL?


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MCOL often plays up over the w/end until reset on Monday

 

you have until Friday to do MCOL AOS.

no need to email nor send the form.

 

get the CRP running 1st thing Monday


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Good morning

Latest state of events as below.

 

1.Received confirmation from court of receipt of our defence on 31.1.18

 

2. Received letter from Glady's with completed Directions Questionnaire attached. They don't want mediation and want the case dealt with in Small Claims Court by paperwork only NOT attendance.

 

3. Received Directions Questionnaire from the court for us to complete and return by 26.2.18

 

Questions;

 

1. Should we respond to Glady's letter (we think not)? Although we are aware we need to serve Glady's with our completed Directions Questionairre by 26.2.18 as well as the court

 

2. Should we insist on attendance at Small Claims hearing (We think yes)

 

Additional information;

 

We have not had any form of reply to the CPR31:14 letter where we requested;

1. A copy of the contract with the landowner

2. Proof of planning permission for the signage

3.Copies of all correspondence (accepting reasonable costs for copying)

The date for reply expired on 9th Feb.

 

On a final note. It says signage should be visible when parking. The only signage in place is in a rain shelter to the rear of my parking space. You can only see it after getting out of the vehicle. Is it relevant to bring this up?

 

Advice will be greatly received.

Thanks

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you write to court saying you want a proper hearing so you can turn up and cross examine their witness.

 

They never ever send the person who signed the witness statement as that involves spending money on a claim that they do for next to nothing as a loss leader for making the IPC look tough (no connection between the 2 businesses m'lud).

 

they want to have you over and if it goes to a proper hearing not only do they lose money and make their clients look stupid

 

it exposes the less than honest behaviour in the whole exercise by the parking co and their cheerleaders.

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You must go read other threads!!

You've not read one as far as I can see


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Good morning

Hopefully there is an attachment re the latest court letter stating we need to file a fully particularised defence.

Below is the defence letter (personal details removed) filed previously.

 

Could i have some advice on how to word this or is it acceptable to use lay mans terms and detail all events that have happened leading up to this point in time?

 

Let me know if the attachment hasn't worked.

 

Thanks for your assistance in anticipation

 

28th January 2018

Northampton County Court

County Court Business Centre

4th Floor, St Katherine’s House

21 - 27 St Katherine’s Street

Northampton

NN1 2LH

 

Dear Sir, Madam

 

Re Defence between UK Car Park Management v

 

Please find below, details of defence statement;

 

1. It is admitted that Defendant is the owner of.

 

2. It is admitted that the Defendant parked in

 

3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

4. If there was a contract, it is denied that the penalty charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because the signage is positioned under a rain shelter and can only be viewed once the vehicle has been exited. There is no signage on accessing the car park to Assisi Heights.

 

5. Alternatively, even if there was a contract, the provision requiring payment of £100 is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years; and (d) the clause is specifically expressed to be a penalty on the Claimant's signs.

 

6. Further and alternatively, the provision requiring payment of £100 is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose.

 

7. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

 

Yours Faithfully

image1.jpg

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I hate this kind of wording, you dont use it at home so use common english so say

 

1) I am the keeper of the vehicle reg no xxxxx.

drop point 2

 

as it is YOUR space you need to say that you have superiority of contract and that the claimant has no authority to offer contracts to anyone using your space and that they were trespassing againt the vehicle when they slapped their ticket on it.

 

If you just use the arguments you have put here you may well lose.

 

lastly at point 7 again you are using language that no-one where I live ever uses so just say for these reasons the claim is denied in its entirety.

 

By using an old templtae you show that you have used an old template and they may well pck uo on that.

 

By using your own words you show that you have some knowledge of the subject you are addressing rather than just reading out someone else's homework.

 

Also, when you submit your defence you need to have copies of the cases you refer to in your bundle otherwise regardless of how relevant the cases are the judge will ignore them as it is not their job to look through loads of big books to find waht you are on about.

 

with pictures the claimant should produce copies of their signage and you should do the same so you can point out ant differences.

If there are differences or attempts to make their piccies look better then they are in situ this will reflect upon the rest of their evidence and you version of events will generally be preferred

Edited by dx100uk
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attachment hidden REDACT THINGS PROPERLY!!

you've left case/court/name showing.

that defence is just a copy of old rubbish from years ago..now not relevent


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dx100uk

I'm not good with IT. Thanks for hiding details.

Never been to court before that's why am asking advice.

 

The defence was from an attachment sent to me from this site.

 

Although small claims the processes are a little daunting for people who have no experience in this area.

I will take Ericsbrothers advice and just write the facts down in normal language and take our chances.

 

The court process not being in common language gives the law companies such an advantage.

 

Apologies if that frustrates you.

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we can help with certain bits such as emphasising that it was your space and you are the only one who can give permission and you did and this is nowt to do with the parking co anyway.

 

You must separate the 2 things though and write a witness statement that tells your side ( ie I own the space and I gave permission) and the another for her side ( no contract entered into to cause a breach etc.)

 

As it is her that is being sued then hers is the more important so read up on residential parking cases on the parking pranksters blogspot ( on the web, not on this forum) and come back with your revamped thoughts.

 

We can tweak things if necessary but as you know what your lease says about parking etc only you can put some of these points down accurately.

How soon does it have to be in?

Edited by dx100uk
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Good evening all

Finally going to court next Thurs 19th July.

Glady's sent a letter notifying that they will not have anybody attending and will leave the judge to make judgement on their behalf.

Seems like good news or is this the norm?

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Great news for you! You'll get the chance to rip their WS to shreds and there'll be no one there to counter anything that you have to say.

 

Unless you insult the Judge, it's pretty much a guaranteed win for you :thumb:

 

 

 

This pretty much says that Gladrags know that they have no case. Sounds about par for the course for these cretins.


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