UKCPM/Gladestones Vanishing windscreen PCN Claimform - Parked in loading only bay - The Edition - 130 Colindale Avenue, colindale, London nw9 5HE ***Claim Dismissed***

[Picante]

Name of the Claimant ? UKCPM/Gladstone

 

Date of issue – 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? P was issued small court claims form as the owner keeper by gladstones solicitor.

 

Particulars of the claim:

 

1.parked in breach of terms on signage ( @ location x) incurring PCN parking charge notice) PCN not paid in 28days. Claimant claims unpaid pcn from defendent as driver/keeper. despite demands being made defendant failed to settle outstanding liability.

I was not driver.

Driver is known to owner.

received letters initial from UK Car park management Limited. (IPC memeber)

Refused passing on driver info until they had provided all details of their right to mangage parking re contract with landlord, all images and evidence etc.

 

This was by letter not via their appeals service.

Letter was not responded to. (or refused can't remember exactly will check)

 

details of the event.

Night, signs not directly lit, small size writing poor placement.

Parked on loading bay.

Sign for loading bay was arguably not clearly marked, small sign high up behind the space, not visible as driving into it.

 

floor markings under car not visible once parked, and poorly light.

 

Private warden came, driver was by vehicle whole time, warden alerted driver to the fact they couldn't park there, driver removed the vehicle immediately on being informed of the restrictions.

 

What is the total value of the claim? Claimant claims £100 for PCN, £60 contractual  re Ts & Cs + £21 statutory interest.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received many letters most probably got one advising of a claim if not paid etc (will check)

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claimant issued UKCPM

 

More Details:

 

Defence was filed with small claims court. :

Defence points were, no agreement, signs not visible/readable, no opportunity for arbitration before making a claim.

 

Their independent Appeals service (required as part of their right to access DVLA info) is not independent as it's funded by the parking company and their paid lobbying group IPC.

 

Claimant has sent N180 directions questionnaire.

 

Defendent (me) has not filled N180 yet . Not sure what to answer.

Edited September 22, 2021 by dx100uk
Removal of unnecessary stuff

[dx100uk]

No to mediation

1 wit you 

Rest is obv

 

 

did you send cpr 31.14?

 

Can we have date of the  claim form and incident location

 

I notice you've filled out the debt claim form questionnaire ???? Why.....please use the correct one on the home page of this private parking forum.

 

Dx

 

 

 

[Picante]

 

Name of the Claimant : UK Car Park Management Limited

 

Claimants Solicitors: Gladstones solicitors Limited

 

Date of issue – 05/08/2021

 

Date for AOS - AOS Submitted already

 

Date to submit Defence - Defence submitted already

 

 

What is the claim for –

 

1.The driver of the vehicle with registration (redacted) (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') as THE EDITION - 130 COLINDALE AVENUE COLINDALE LONDON NW9 5HE, on (date redacted end of 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.

 

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 £21.13 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

 

 

What is the value of the claim?

 

 

Amount Claimed : £181.13

court fees £35

legal rep fees £50

Total Amount £266.13

 

 

1) Ok to first points

 

2) I have not send cpr 31.14

 

3) issue date 5//08/21

 

4) Incident location The Edition - 130 Colindale Avenue, colindale, London nw9 5HE

 

5) yeah I was confused by the questions a bit. Figured they were combined forms or something.

 

 

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[dx100uk]

get this running tomorrow

 

and

no to mediation

1 wit you

rest is obv

 

3 copies

 

1 to the court

 to gladdy's 

1 for your file

 

your doing fine well done!!

 

 

[FTMDave]

You've obviously done loads of research into why their claim is total pants - excellent work.

 

You have a great chance of seeing off these fleecers.

 

Take the steps dx has suggested tomorrow.

[Picante]

ok thanks guys. really appreciate the reassurance. Yeah i'll get those done today/tomorrow. I kind of sent a CPR request as my initial appeal of the ticket to them which they ignored. I'll send it again and copy it to the court. Is it ok to email this to the court to the same email address I sent my defence to or does it need to go by mail?

 

Also I can't seem to login to moneyclaim anymore, it's asking for a gateway id which I didn't create nor need to respond to the initial claim form I used the claim form id to login?

 

 

Edited September 23, 2021 by dx100uk
links removed - irrelevent twaddle

[FTMDave]

There's no point copying the CPR request to the court.

 

Later on in you Witness Statement for the court you can bring up that they didn't bother to answer or answered only partially.

 

No idea about MCOL, sorry, but those that know it well should be on later.

[dx100uk]

You send cpr to sols only

 

Use post for the n180 to court and sols

 

Go create a gov gateway id on the .gov.uk website

[Picante]

These have both been sent now. What do I do sit and wait?

[dx100uk]

no you get reading up

cag is predominantly a self help site

 

there are 1000's of threads here in this same forum.

 

read a good few 10's so you know what might be next, whats to come, how to respond, and the whole court process if it goes the whole way.

 

we dont nurse maid..

 

dx

 

[Picante]

Court case next week with UK CPM and  Gladstones Solicitors in a week.

 

What do I do? I have no clue how this works and I can't find any posts on here about actual cases.

 

I received a letter saying

 

Claimant Not Attending

 

The Claimant, without intending any discourtesy, hereby gives notice that it will not not be attending the final hearing.

 

This notice is given pursuant to CPR 27.9 (a) and (b).

 

The Claimant kindly requests its attendance be excused and that the claim be decided in its absence.

 

The Court has been notified of the Claimant's non-attendance and have been asked to deal with the Claim in the Claimant's absence.

 

 

Claimants witness Statement has been received

 

We act for the claimant in the above matter.

 

Please find attached, by way of service, the Claimant's Witness Statement.   

 

The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.

 

We confirm the statement has been filed at the Court

 

 

 

 

 

 

 

[honeybee13]

Old and new threads merged.

 

Could you update us on what's happened since September and what paperwork you've sent to the court please? Have you done a witness statement [WS]?

 

HB

[Picante]

Timeline

 

Small Claims Directions Questionnaire (Form N180) submitted to court in Sept 2021

Defence Received by court Sept 2021

Requested Transfer to Local Court in Barnet in Directions Questionnaire.

Received letter from court saying case was  transferred by a proper officer to Shoreditch Dec 2021

Received email from Claimant's Witness Statement from Claimant's Solicitor May 2022
Received email stating Claimant would not be attending

Claimants witness statement is attached below. (private info redacted)

My observations:
section 14 typo on key contract term? (probably not relevant)
section 15: "Sign is clearly displayed and defendent would have had the opportunity to read and understand them when entering the car park"
(This loading sign is fixed to the lampost facing away from the entrance of the car park as shown in their own photo evidence and also fixed to the rear of the direction the car is parked and is not directly lit)

Section 16: "Sign states Parking charge..."

(this is written in very small text not clearly readable from a vehicle when entereing as shown by their photos) Also lighting conditions were bad, you can see that the photo is taken with a flash and it's still poor quality, the street lights are high up away from the signs.)

 

Section 19: Motorist..always has the option to leave

(they are claiming against the keeper, but the driver on asking the ticket officer and being made aware of the terms of contract immediately left the car park. Ticket officer was wearing a chest camera which footage was requested in ticket appeal but never provided)

 

Section 28: PCN not affixed pursuing registered keeper
(Why was a ticket not affixed when the ticket inspector who took the photos was at the vehicle and also spoke with the driver?)

 

Section 32: "The defendent having read the sign and deciding not to park in accordance..."
(the defendent is the registered keeper and not the driver and therefor was not able to read the sign nor make the decision to park the vehicle there or not)
(also the signage was poorly light, positioned and small writing didn't make terms clear to the driver particularly onerous terms were placed at the bottom of the sign in small writing not at the top in bold writing)

 

Section 33: "Photo of Sign Shows it was loading bay and that vehicle was parked in it.... No reason as to why the defendent would not have seen the sign"

(sign is behind the direction of entrance to the car park, behind the direction the vehicle is facing and even in the photo the sign can not be read that it is a loading bay)

(defendent is the keeper and was not there)

 

Section 35: "Additional costs of £60 claim due to late payment"

(payment not made because the did not respond to requests for information to verify the validity of their right to a charge, the parking contract with landowner requested by defence during initial appeal directly with the parking company (claimant) but not provided by the clamiant at the time so drivers details not passed on as no reasonable evidence of contract provided including previous points above)

 

 

Exhibit GS2: Scan of sign "If unsure please seek further advice from cpm or refrain from parking"

(driver asked the ticket officer present if they could park there, on being informed they couldn't park there the driver removed the vehicle from the premises)

 

Exhibit GS4 : signs clearly not readable in photos where car is shown and behind vehicle

 

 

clamiant witness statement redacted.pdf

[Picante]

I haven't done a defendant witness statement. Does this need to be given before or only on the day at the court.

 

Can I bring my own photos of evidence ? I was thinking of showing some info on the size of the lettering on the sign and comparing it to the law for road traffic signage requirements.

 

 

[dx100uk]

look at the order the court sent giving the date of the hearing.

typically 14 days prior to the court and the claimants sols.

 

if they are not attending, if you file your WS with exhibits in time and attend, 9/10 you'll win if the claimant does not attend.

 

how come you dropped so many balls in this claim.

you seem intelligent but not keeping up with what you should do and when.

 

21 hours ago, Picante said:

Court case next week with UK CPM and  Gladstones Solicitors in a week.

 

looks like you've dropped the ball on the 14 days too...........

 

[Picante]

What do  I write in the witness statement?

 

I'll send it tomorrow. Better late than never.

 

I had no clue about what to do and looked it up late.

 

Also I can't login to that money claim thing. Is there actually any info on there at all relevant to the court procedure.

 

 

[dx100uk]

what do you mean you cant log in to mcol?

have you ever used it yet for this claim?

 

dx

[dx100uk]

opps probably wont work now as the claim has been allocated to your stated local court.

 

lots of ukcpm claimform threads here with what a WS should look like & what to include.

there should have been an operator windscreen ticket issued (vanishing windscreen ticket - ukcpm are renound for pulling this stunt.)

and that PCN (15/11/19) should not have been issued at all. and they have not issued a notice to keeper that should  have been issued between days 28-56.

as per POFA 2012.

 

dx

 

 

 

[Picante]

I managed to log in once to setup the account and fill in one thing I think. After that none of the log ins worked and I couldn't find any info online how to use it that was relevant.

 

It kept asking for a government gateway id, which i created but then that never had anything linked to the case or something.

 

Ok thanks i'll get reading.

 

I thought they could give the notice to keeper earlier if a ticket had not been given to the driver.

Edited June 8, 2022 by Picante

[honeybee13]

What day is the case next week?

 

You said you couldn't find any court cases, we have plenty in our Successes subforum, link below. These should show other people's WSs.

 

As dx says, your WS is normally due about 14 days before the case is heard, the court should have told you what the judge ordered.

 

HB

 

 

HB

[Picante]

I've not received any correspondance from the court since the 17th December when they said the hearing was being moved to the county court in Clerkenwell and Shoreditch.

 

Only things i've received was a couple of emails from the claimants solicitor which were the witness statement and the notification that the claimant will not be in attendance which I received 30th May 2022

 

Case is on Monday

Edited June 8, 2022 by Picante

[honeybee13]

Oh right.

 

So you haven't had something called a Directions Questionnaire/DQ, reference N180?

 

HB

[dx100uk]

n157 allocation

then general orders from the court

 

so how do you know the hearing is next week?

who told you that?

 

dx

 

 

[Picante]

HI Honeybee13

 

Thanks for your assistance.

 

Incorrect.

 

I posted a timeline couple of comments above.

I submitted my defence and N180 form in Sept 2021 and the court acknowledged it's receipt.

 

In that N180 form i requested the case be moved from Coventry (i think it was) To my local court in Barnet where the incident occured.

 

Then I got a letter from the court in Dec 2021 saying the case was moved to Clerkenwell, (which is near enough but not preffered as much as barnet)

 

I've not received anything from the court since Dec 2021

 

My issue with www.moneyclaim.gov.uk

 

I have the original claim form I received from the court.

 

It says to log on to above address

 

using the claim number and the following password.

 

I enter the claim number and the password making sure to keep the correct mixed case of letters for the password.

 

It says I have the wrong claim number or password.

(these worked the first time I used them but not since)

 

My appologies.

 

The last letter I received was in 21 January 2022

 

Notice of Allocation to the Small Claims Track (Hearing)

 

Face to face hearing will take place 13th June 2022 at County court Clerkenwell.

 

I spoke to MoneyclaimsOnline and was told that because the case was transferred to Clerkenwell it's no longer online and Moneyclaims online won't work. and I need to deal directly with the court.

 

Edit:

 

I found this leaflet EX306 that gives some basic details of the process. (maybe helpful for people in the same position reading this in the future)

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725675/ex306-eng.pdf

 

And you can find a kind of directory of court forms here

 

Court and tribunal forms - GOV.UK

WWW.GOV.UK

---

Find court and tribunal forms, including divorce, probate, deed poll, money claim, help with fees and social security tribunal forms.

 

 

 

 

 

 

 

Edited June 8, 2022 by Picante

[dx100uk]

Who told you the hearing is 13th June?

 

Dx