UKCPM/Gladestones PCN - Claimform - parking on my own allocated space - Campbell Fields - Campbell Fields Aldershot GU11 3TY

[Zagri]

Name of the Claimant :UK Car Park Management Limited

 

Claimants Solicitors: Gladstones

 

Date of issue –12 FEB 2020

 

Date for AOS - 25 FEB 2020

 

Date to submit Defence - 13 MAR 2020

 

What is the claim for – 

 

1.'The driver of the vehicle with registration ******* (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Campbell Fields - Campbell Fields Aldershot GU11 3TY, on 22/04/2019 thus incurring the parking charge (the 'PCN').

 

2.The PCN was not paid within 28 days of issue.

 

3.The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle.

 

4.Despite demands being made, the Defendant has failed to settle their outstanding liability.

 

5.The CLAIMANT CLAIMS £100 for the PCN,

£60.00 contractual costs pursuant to the Contract and PCN terms and conditions.

together with statutory interest of £9.37 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, contining at £0.04 per day.''

 

Amount claimed: £169.37

Court fee £25.00

Legal representative's costs £50.00

Total amount £ 244.37

 

I own the property and the deed gives me right to use the parking space.

 

Any help in preparing a defence would be greatly appreciated.

[dx100uk]

was this a windscreen ticket?

have you done AOS

have you sent CPR?

[BankFodder]

Please could you post up the wording in your deed which gives you the right to park in that particular place. Do you own that space?

Maybe you could attach a small diagram of the parking space in relation to your own property.

[Zagri]

own space.pdfHi

It was a windscreen ticket.

AOS has been done. 

CPR not sent. Do I still send this, considering I've only got 5 more days to do my defence?

Exact wording on Schedule 1 The rights for the Purchaser and all persons authorised by it ( in common with all others having a similar right):-

9. to the exclusive use of the parking space comprised within the Management Land and numbered with the plot number relating to the Property and coloured blue on the Plan for the purpose of parking a private motor vehicle not exceeding 3 tonnes in weight.

 

I've also attached a picture of the plan and other photos that might be of help.

 

 

 

 

[BankFodder]

Thanks for this. We will have a look and reflect. I think I can see a good defence here.

I'm interested to know if you have had any contact with them at all? Did you receive any warnings – and what was your response?

[brassnecked]

Hi Zagri, I've replaced your directly posted jpegs with a multipage pdf version It's not wise to post jpeg directly toi a post as anyone can see it, with PDF olly logged in approved Caggers can view them.

 

As mentioned bf BankFodder and DX look  at your lease to see what it says about parking, and who employed UKPC?  Is this a Housing Association property or a private estate with a managing Agent?  Usually if the space is allocated it forms part of any conditions that don't automatically allow Fleecer's to target Residents.  Read up on some other own space threads and also look at parking prankster blog might give some ideas,  will be a simple defence at this stage, and your right to park will likely give you "Superiority of Contract" that trumps any fleecer's rights, over Your space.

Here are some there including UKPS

https://parking-prankster.blogspot.com/search?q=ukpc+own+space

[BankFodder]

Try this defence – this will probably be everything you need.

Quote

 

The defendant denies that he is liable to the claimant as alleged or at all.

 

The claimant has no locus standii to bring this claim because

a) they have no interest in the land

b) the defendant already enjoys an unfettered right to use the parking space conferred by deed in that the defendant is the owner of a property associated with the parking place in question – and enjoys a right conveyed by the deed to use the parking space for himself and others who he authorises.
Specifically, schedule 1 of the deed confers

"the rights of the purchaser and all persons authorised by it (in common with all this having a similar right): –

• 9. To the exclusive use of the parking space comprised within the Management Land and numbered with the plot number relating to the Property and coloured blue on the Plan for the purpose of parking a private motor vehicle not exceeding three tonnes in weight.)

 

The claimant has previously made unsuccessful attempts to bring similar cases against persons with existing residential rights over their parking spaces for instance – C8HW2E9Q – UKPC v Miss C, Reading 12/07/2017 before District Judge Harrison and are therefore well aware of the situation where the rights of property owners are concerned and yet they continue to make effectively vexatious claims thereby incurring trouble and inconvenience and expense to defendants and to the courts alike.

 

Maybe others will come along and put their 2p worth in

[Zagri]

Hi BankFodder, I have ignored all the letters from CPM and Gladstones. The only time I responded to this matter was when I filled in the AOS online.

Thank you, barassnecked. I'll have a look into that link.

[BankFodder]

well follow the ignore link and you will understand – Big Fail!  

[brassnecked]

The cases on Prankster are handy when the Claimant puts their Witness Statement in as they are useful for undermining the Claimant's case by illustrating other cases where Residents have a right not to be fleeced by a PPC in their own space, in your main defence.  At the moment what BankFodder suggests is reasonable you use the big guns later, ericsbrother might also have some observations when he pops in.

 

Something for later is if they put a ticket on your windscreen, they are Trespassing on your land, and due to superiority of contract have no right to apply to DVLA for your details as not their land so then they have breached GDPR, something to hit them with that will cost them money.

[FTMDave]

It's probably still worth sending the CPR tomorrow (with free certificate of posting from the post office).

 

Probably best not to refer to it in your defence though, as you won't have given them time to reply. 

 

It'll be another string to your WS bow, if the case gets that far.

[Zagri]

1 hour ago, BankFodder said:

well follow the ignore link and you will understand – Big Fail!  

 Point taken. 

Thank you all for helping me with this. Especially BankFodder for helping prep the defence as I was struggling with words, as English not my first language. 

I'll update on the outcome.

[dx100uk]

can you please hold off filing defence yet

not due till 4pm 13th.

 

get the CPR running!!

 

 

[Zagri]

Roger. Will send CPR tomorrow. Thanks.

[ericsbrother]

Yep, you can use their failure to respond in your witness statement if it gets that far and then clobber them for an unreasonable behaviour costs order.

 

They have been spanked more times for this sort of thing more times than anyone else other than UKPC.

 

you should bear in mind that they may produce a contract with a managemnt co but that wont show a chain of authority leading back to the actual landlord.

 

so who is the managing agent? Clobbering them for harassment if this happens again would be worthwhile. Tell them that you have never consented to join in their scheme and anyone slapping a ticket on your car is likely to get done for trespass.

 

Basically ther management co only have authority over the common parts BUT you will need to read your lease carefully as allocated aprking is not the same as a parking space that it part of the property contained in the lease and it may be that if a specific space is not indicated on the lease then your rights of quiet enjoyment are not so well defined