UKCPM/gladstones Windscreen PCN Claimform - Vista Centre, Salisbury Rd, Hounslow TW4 6JQ ** Claim Dismissed**

[maclarke]

Updated defence written below, thought?:

 

Date of Statement: xx December 2019
Claim Number: XXXXXX
Between: UK CAR Park Management Limited and XXXXXXX

 

1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.

 

2.    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.

 

3.    A parking ticket was purchased, however, after much difficulty. The Defendant made several attempts to pay for additional parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018).

 

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.

 

5.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-

 

a)    The Claimant has no commercial justification.
b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes.
c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question.
d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable.
 

 

Edited December 1, 2019 by maclarke
pasted image of defence text was removed.

[maclarke]

@FTMDave that's correct it should be a defence. I'll include it below and save the previous text for my witness statement.

And yes, I submitted the CPR 31:14 request which they haven't replied to.

 

@dx100uk Please see my defence below. I plan to submit this within the next couple of days on the MCOL website.

 

Is it ok?

 

Defence:

1.    A parking ticket was purchased.

 

2.    The Claimant has failed to show, upon request under CPR 31.14, any authority or agency to enter into contracts with the public by way of an assignment from the proprietor to do the same and to make civil claims in their own name. 

 

3.    The defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.
 

[maclarke]

Thank you.

 

In that case, if you're happy I will submit the following tomorrow morning on the MCOL website. My defence date is 09-Dec.

 

Defence

 

1.    A parking ticket was purchased. The alleged "breach" must have taken place just as the defendant was returning to the vehicle. Following the BPA Code of Practice, a MINIMUM grace period of 10 minutes is permitted.

 

2.    The defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.
 

[maclarke]

Ok thanks @dx100uk -

 

For other users' reference, i will submit the following for my Defence on the MCOL website.

 

Defence

 

1.    A parking ticket was purchased. The alleged "breach" must have taken place just as the defendant was returning to the vehicle. Following the BPA Code of Practice, a MINIMUM grace period of 10 minutes is permitted.

 

2.    The defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.

 

3.    In any case no contract exists between the claimant and the defendant due to the paucity of the signage at the site that offers the supposed contract.

[maclarke]

thank you.

 

the following defence was submitted.

 

1.    A parking ticket was purchased. The alleged "breach" must have taken place just as the defendant was returning to the vehicle. Following the BPA Code of Practice, a MINIMUM grace period of 10 minutes is permitted. The defendant did not exceed this grace period.

 

2.    The defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.

 

3.    In any case no contract exists between the claimant and the defendant due to the paucity of the signage at the site that offers the supposed contract.
 

[maclarke]

just received a letter regarding mediation....i'm sure you've seen it all before.

Should I ignore and wait for the court date?

 

Mediation.pdf

[maclarke]

"Notice of Proposed Allocation to the Small Claims Track" Letter received from the court Attached with a "Directions questionnaire" - i'll fill this in and return to the court.

Please see attached.

 

Also, there is HMCTS page asking "would you like to settle your case without going to a court hearing?" - i'll fill this in and say NO to a settlement.

 

@honeybee13 sorry for not responding. No, I didn't select mediation

Notice of Allocation.pdf

[maclarke]

Happy New Year all,

 

Just received a response to the CPR 31.14 Request that I sent in mid November (please see attached).

 

They didn't attach (and refused to include in future) the following:

 

1. The contract between UK Car Park Management Limited 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.

 

 

[maclarke]

apologies... please see attached letter as previously stated in post #75.

 

I'll make a start on my witness statement shortly.

Gladstone Jan 2020.pdf

[maclarke]

No I haven’t heard anything from the court yet.

 

im preparing for the worst.

[maclarke]

thank you @dx100uk.

 

Slight correction - the court did send me a letter dated 5th December. it acknowledged receipt of my defence and it will inform me if Gladstones/UKCPM want to proceed.

 

It part it stated:

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[maclarke]

Hi all,

 

FYI - Just logged into MCOL and saw the following:

 

Claim History

DQ sent to you on 31/12/2019

You filed a DQ on 27/01/2020

Your claim was transferred to [MY LOCAL COURT] on 27/01/2020

[maclarke]

To other readers, for reference.

N271 - Transfer of preceedings.pdf

[maclarke]

I only saw the following and didn't think it was relevant:

 

CPM Windscreen PCN - Vista Centre Hounslow TW4 6IQ Now Gladstone Letter Before Claim

 

 

Edited February 1, 2020 by maclarke

[maclarke]

Hi all,

 

I haven't heard from the court. Can I request for the case to be stayed?

 

below is the history on MCOL:

• A claim was issued against you on 07/11/2019
• Your acknowledgment of service was submitted on 09/11/2019 at 20:24:25
• Your acknowledgment of service was received on 11/11/2019 at 01:19:41
• Your defence was submitted on 05/12/2019 at 07:00:08
• Your defence was received on 05/12/2019 at 08:05:30
• DQ filed by claimant on 31/12/2019
• DQ sent to you on 31/12/2019
• You filed a DQ on 27/01/2020
• Your claim was transferred to xxxxxxx on 27/01/2020

[maclarke]

I now have a court date on Wednesday May 6th @ 10am.

 

UKCPM have until 8th April to pay the £25 court fee.

[maclarke]

I imagine so. No reference was made in the N157 (attached).

 

 

N157.pdf

 

actually, yes. WS 14 days before the hearing (on Wednesday 6th May).

[maclarke]

Hi all,

 

I've recently changed my postal address.

Any suggestions on how I inform the courts (without informing UKCPM)?

 

I couldn't find the answer on google!

 

Please keep safe and healthy!

 

cheers

[maclarke]

yes i've moved - but I have mail redirection.

 

I thought this is something I can change without asking the group unnecessarily. 

[maclarke]

ok noted.

 

However, I've contacted all my banks, the DVLA, HMRC etc that I've changed my address (in addition to the redirection).

 

I'll contact all companies with all closed accounts in due time.

[maclarke]

Thank you!

[maclarke]

hello all,

 

In light of the current pandemic event, and having some free time i have:

1. reviewed other witness statements
2. Prepared my own witness statement

I suppose my court date in May 2020 will be postponed.

I have not received UKCPM/Gladstones' WS and I imagined that the court will extend the required submittal time.

 

What do you think?

Should I upload my WS for your review?

[maclarke]

Noted! 

I'll contact the courts tomorrow (Tuesday 14th Aprill 2020) following with the bank holiday.

 

Please find attached my Draft Witness Statement.

 

Witness Statement points/queries:

1. Items in Red and yellow are  points for me to review when I receive UKCPM's statement and/or amend the appendix reference.
2. In point 34, i'm referencing this so called £19 ph for LiP (litigation in Person), where is this amount stated? Can I get more for taking time off work? My hourly rate is higher than this.
3. Regarding point 24, there seems to be two CPR 1998 - why is this? I have seen references to 44.3 (2), mentioning disproportionate costs, which has been mentioned in all WS that i've seen. I would like to ensure I attach/reference the correct version.

• CPR - Rules and Directions (this contains the correct reference to 44.3 (2))

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.3

 

• CPR - Rules and Directions 1998 (this contains a slightly different reference to 44.4 (2))

https://www.legislation.gov.uk/uksi/1998/3132/article/44.4/made

 

Breakdown of UKCPM's claim

From the court claim form UKCPM are claiming the following:

• Amount claimed: £180.18 [£100 for PCN, £60 Contractual costs, £20.18 as per County courts act 1984]
• Court fee: £25
• Legal representative costs: £50

Witness Statement - Draft.pdf

[maclarke]

Hi @dx100uk - i'll review your comments this weekend.

 

Also, i've just received UKCPM's Witness Statement. Please see attached.

I'll prepare mine and share with you on Saturday/Sunday.

UKCPM_-_WS_(edited).pdf

[maclarke]

Hello all,

 

thank you for your comments/input.

I have amended my witness statement for your review. Please see attached

 

I have remove a lot of text. I have also added new items coloured in red. This might be waffle or new legal references - i hope you might think it's relevant.

Thank you in advance.

Witness Statement - Draft - Rev01.pdf