UKCPM/Gladstones - Claimform - Pavilion Retail Park Lewes Rd Brighton BN2 3QA **Claim Dismissed**

[robert_harper_2000]

Just received a court letter. We park over the lines in the free parking. It wasn’t in the middle but it is a big car. Can I dispute a punitive charge?

[FTMDave]

What you can do really depends at what stage of the court process you're at.

 

Please post up what you've received, suitably redacted without your name, address, any identification numbers, etc.

[robert_harper_2000]

Had to compress image and then convert to pdf so hope this works lol

 

Claimform.pdf

[dx100uk]

please complete this:

 

 

[robert_harper_2000]

Name of the Claimant : UK Car Park Management LTD

 

Claimants Solicitors: Gladstone Solicitors Limited

 

Date of issue – 09 Aug 2021

 

Date for AOS - 27th Aug 2021 4.00pm

 

Date to submit Defence - 10th Sept 2021 4.00pm

 

What is the claim for – 

 

1.The vehicle was in breach of the terms of the parking stipulated on the signage at Pavilion Retail Park Brighton (Patrol) Pavilion Retail Park Lewes Road Brighton East Sussex BN2 3QA on 08/08/20. thus incurring the parking charge PCN.

 

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

 

3.The Claimant claims the unpaid PCN from the driver.

 

4.The defendant failed to settle their liability. 

 

5.£100 PCN

£60 contractual costs pursuant to the contract and pin terms and conditions together with interest £11.76 continuing at £0.04 per day

 

Amount Claimed £171.76

court fees £35

legal rep fees £50

Total Amount £256.76

 

It was all because the car wasn't in the car park lines. It's a free car park.

 

Shall I appeal with this

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

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

 

3.  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 car park 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.  

  

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  

 

6.  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.

 

 

Edited August 24, 2021 by dx100uk
Dates amended para no's

[dx100uk]

You are not appealing..

 

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 [if one is not listed send to the claimant]

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 [1 in the count]

 

.......

[dx100uk]

thread tidied.

 

use our search top right in the red banner 

 

PCN+Claimform

 

get the AOS and CRP done and get reading up a few 100 threads.

 

do not file your defence till day 33.

 

you must have had numerous letters since the incident, inc a letter of claim (you should not have ignored that!)

scan bothsides of all the paperwork to date to one mass PDF 

read our upload guide carefully

we need it ALL but not the Letter of claim reply pack.

[robert_harper_2000]

Great, thank you.

 

I'm afraid I didn't keep the original documents. I thought they can't seriously take me to court for not parking in a single bay perfectly. I will upload pictures it won't have been parked in the middle or anything like that. It was ridiculous. I've done the confirmation and completed the letter for the solicitors. I'll post first class tomorrow. I'll keep you posted. So just need to file a reply by the last day of the date.  

[FTMDave]

Well done in already preparing a defence.  That will do nicely for Friday 10th Sept (well, a couple of days before to be on the safe side).

 

If you have pictures of the car parked that would be great.

 

You can also SAR UKCPM for the original documents, it's free.

 

When you post the CRP letter tomorrow get a free Certificate of Posting from the post office.

[dx100uk]

1 hour ago, dx100uk said:

use our search top right in the red banner 

 

PCN+Claimform

read a good few 10's..is now your most important thing...get upto speed on whats to come, the stages of the claim, and how to beat them easily..read!

 

 

[Gick]

Should the defence not be sent 12th September?  I think that the OP has miss-typed the dates. AOS should be 23rd August.

[AndyOrch]

Yes the dates are incorrect.

 

Date of issue – 09 Aug 2021

 

Date for AOS - 28 Aug 2021  Should be Friday 27th Aug by 4.00pm

 

Date to submit Defence - 12 Oct 2021 Should be Friday 10th Sept by 4.00pm

 

Andy

[FTMDave]

Well spotted - and corrected - Gick and Andy!

[robert_harper_2000]

Ah I did set a reminder for 10th as I wanted to be early lol but thank you well spotted cheers 

 

This is the issue. The tyre being over the line in a free car park. Had the disabled badge in the window and I can't see if the car next to me was in their bay correctly or not

IMG_9812.pdf

 

What do you reckon?

[dx100uk]

about what.

BB's mean nothing on private land and so what you were outside of a marked bay. ....

.that means nothing either in law ....as any lines are simply tarmac graffiti on private land.

 

 

 

[robert_harper_2000]

How do I reply to the court for defence. Is there a template?

[dx100uk]

roy you've been here since before me... march 2006.CAG is self help too...1000's of threads here on pcn claimforms....and all the info is in the link you responded too for the details of the claim. read all its posts

 

3 -5 line generic bland defence.

[robert_harper_2000]

Ok thanks sorry being lazy! 

[dx100uk]

not being funny...you CANNOT be lazy with any Private parking company raising a court claim because they WILL exploit your lack of knowledge.

 

as detailed above and i think in the first few posts already here you MUST read a good few 10's even 100's of PCN claimform threads here, particularly as bar simple simon and excel/vcs court claims, UKPCS are the 2nd in line masters at exploiting you in a court room.

 

 

[robert_harper_2000]

Can’t believe it was because one tyre was just over the line. 

[honeybee13]

As dx says, you need to read a lot of PPC threads to see what tricks they get up to. They'll try anything to get money from you and a lot of people fall for it.

 

Forewarned is forearmed...

 

HB

[robert_harper_2000]

This was my first try 

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

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

 

3.  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 car park 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.  

  

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  

 

6.  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.

 

[FTMDave]

Good work.  File it a couple of days before the deadline to be sure.

 

As you haven't got the original documents you could SAR the fleecers - it's free.

[robert_harper_2000]

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  
 

was this relevant?  

[dx100uk]

i was wondering about that, too.

@FTMDave