CPM ANPR PCN Claimform - -THE ATLIP CENTRE EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW

[dx100uk]

std N180

follow any PCN claimform thread 

you should be vanishing for 3 weeks without reading up 

i have advised you aboutt his before..

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

 

 

[lookinforinfo]

I have had a look at the contract you posted which pose a number of questions for CPM.

 

1] the address of 197 atlip road and the post code do not match should be HAO  4G SOMETHING NOT 4LW . So the contract has been wrongly drawn up and so does not represent the actual area which CPM say they control.

 

2] the contract does not give them permission to pursue through the courts

 

3] the contract does not comply with the BPA Code of Practice  13.1 or 13,3 since the signage in Atlip Road states there is no Grace period. [the Contract point 2  states "Signs will comp[ly with BPA guidelines at all times"].

 

4[ breaches contract point 4 since they do not have planning permission for their ANPR signs

 

5] Contract point 8 is wrong.since there is no alternative to applying to the DVLA for keeper information.

 

6] at the moment it cannot be assumed that the contract is valid as signatures etc have been redacted.

 

I have already stated that the PCN is not compliant which means that the alleged debt cannot be transferred from the driver to the keeper. The keeper cannot be pursued and they cannot assume that the keeper and the driver are the same person.

[dark.knight.10]

@dx100uk It was a work trip, I have been reading threads, however there are many jargon words and I am dyslexic, it take me a little longer to get there ... thanks for your patience. 

 

I will say No to mediation because its private land parking, 

Suitability for determination without a hearing? no, 

Reason: There are factual disputes that requires a hearing (no need for more details?)

 

I will make 3 copies 

1 for Court/ 1 for Solicitor/1 for my file

 

@lookinforinfo That is invaluable, thank you so much for the contract analysis. 

[honeybee13]

Thread reopened.

HB

[dark.knight.10]

Hello 

thank you for reopening this 

Any last advice… court is tomorrow at 3pm

[Nicky Boy]

We didn't see your Witness Statement??

[dx100uk]

nor theirs!!

dx

[dark.knight.10]

Apologies 

Here is my defence so far:
 

[Name] [Address] [City, Postcode] [Date]

The County Court [County Court Address]

Case No: [Case Number]

In the matter of: UK Car Park Management Limited (Claimant) v. [Name] (Defendant)

DEFENCE WITNESS STATEMENT

I, [Name], of [Address], hereby make this witness statement in response to the claim brought by UK Car Park Management Limited (hereafter referred to as "CPM") against me in relation to the alleged parking charge incident at The Atlip Centre ANPR Ealing Road Alperton Wembley London, on the Contravention Date of 8th July 2019.

1. I confirm that I own multiple cars, and the vehicle registration number (Reg), in question, is not my daily driver.

2. The parking incident occurred at my local gym, which is frequented by my family and friends, and any one of them or their friends could have been the driver on the Contravention Date. I have reached out, however, I cannot definitively identify the driver responsible for the alleged breach of parking terms. 

3. Furthermore, I want to bring to the court's attention that I have previously received a parking ticket on my daily driver at the same gym location, which was later cancelled by the manager after providing evidence of my presence at the gym during the stated time. This demonstrates my willingness to address parking-related issues when I am indeed the driver.

4. It is essential to highlight that the address of 197 Atlip Road and the post code HAO 4LW mentioned in the claim do not match. The contract, as described by CPM, appears to be wrongly drawn up and does not represent the actual area they claim to control.

5. The contract provided by CPM does not grant them permission to pursue legal action through the courts.

6. Furthermore, the contract is not in compliance with the BPA Code of Practice 13.1 or 13.3. The signage at Atlip Road explicitly states that there is no grace period for parking. This discrepancy demonstrates that the contract is not consistent with the BPA guidelines.

7. CPM is in breach of contract point 4, as they do not possess planning permission for their ANPR signs.

8. Contract point 8 is also erroneous, as there is no alternative to applying to the DVLA for keeper information. Their claim of having alternative means is unsubstantiated.

9. I challenge the validity of the contract as certain essential details, such as signatures, have been redacted, making it impossible to verify its authenticity.

10. The PCN provided by CPM is non-compliant, which means that the alleged debt cannot be transferred from the driver to the keeper. There is no basis for assuming that the keeper and the driver are the same person.

In light of the aforementioned points, I respectfully request that the court considers these issues when making its judgment. I believe that CPM's claim lacks sufficient evidence and is based on a contract that does not hold up to scrutiny.

I hereby declare that the facts stated in this witness statement are true to the best of my knowledge and belief.

Signed: __________________________ [Name] Date: ___________________________

 

Edited August 8, 2023 by dx100uk
upload removed not redacted properly

[honeybee13]

You say it's your defence so far. You have submitted this to the court, have you?

HB

[dark.knight.10]

This is the defence submitted to money claims.gov.uk
 

Defence

I contend that the particulars of claim are vague and are generic
in nature which fails to comply with CPR 16.4. I will accordingly
set out its case below and relies on CPR r 16.5 (3) in relation to
any particular allegation to which a specific response has not
been made.

1. Paragraph 1 is denied. It is denied that I ever entered into a
contract to breach any terms and conditions of the stated private
land.

2. 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 only contracted 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.

3. The claimant has yet to evidence that their contract with the
landowner. Further it is denied that the Claimant’s signage is
capable of creating a legally binding contract.


4. Paragraph 2 is denied. It is admitted I am the recorded keeper
of the vehicle. The Claimant is not in a position to state if I
was the driver at the time.


5. Paragraph 3 is denied, there are no contractual costs and
interest cannot be accrued on a speculative charge.

6. Not withstanding the above on 09/08/2021, I made a request
pursuant to CPR 31.14 for the Claimant to disclose the necessary
evidence in support of their claim. To this date the claimant has
failed to respond to said request.

 

 

Do I have to submit another defence or do I just print and take it with me to court? 

[honeybee13]

To repeat my question, have the court and Gladstones seen your WS?

This is very last minute for everyone, it's a shame you didn't come on here over the weekend when there was more time. Before that would have been better still.

HB

 

[Nicky Boy]

Yes, but have you sent your Witness Statement to the court and the Claimant?

[dark.knight.10]

No, Ah I have not sent my witness statement 

I'm sorry I didn't come here earlier, totally my fault 

 

Edited August 8, 2023 by dark.knight.10

[honeybee13]

So you disappeared last September and you've hardly done anything since?

HB

[dark.knight.10]

The court date was allocated for next year, but was changed... I'm drowning at them moment. I know it's not an excuse. 

[Nicky Boy]

Oh Dear!

[honeybee13]

While we wait for advice on what to do about your WS for tomorrow, are you saying it isn't finished at the moment?

HB

[AndyOrch]

What date was you advised to file and serve your statement on your Notice of Allocation N157 ?

[dark.knight.10]

Assuming that's on the claim form ... I never got one... 

The only thing I received was an email with the other side's pack a few days ago while I was away. 

I have looked to see if there are any unopened letters .. there aren't any 

[Nicky Boy]

So, you've also let them use email to serve documents...

Exactly when did you receive their bundle?

Also, new dates for submitting documents would have been on the notice of reallocated hearing date?

[dx100uk]

claim number on page 3

your name on page 31 +34 

note they say they are not attending..play this right and yu'll win if you go.

 

they also say their ws and the relisting was served on you 5th july...its now 8th aug..why did you not come here sooner>>>>>

 

 

[dark.knight.10]

I got the bundle on the 31st July . They sent it via email. I was away, I came back 2 days ago. 

I did get the re-listing letter but it did not have an action attached to it … atleast that’s what I understood. 

Honestly, I’m so sorry, I know I must be very frustrating but I’m so swamped and my mental health is none existing. 

I have noticed that they’re not attending, so do I still go even if I havnt served them with my defence? 
does my defence look good to you?

bundle Redacted

DEF TB 2_Redacted_compressed_Redacted_compressed.pdf

Edited August 8, 2023 by dark.knight.10

[dx100uk]

its not a defence its a witness statement .

oh well you didnt file ...water under bridge now

@FTMDave and the other exprts will help with the ws

print off 2 copies and take them with you.

just hope the judge accepts it one the day.

you go see the judge.. you should win ok as they are not attending so they know they have something wrong they dont want questioning in person

forget the contract stuff not really important who signed it 

but.. have you checked land reg site to see if Makita? whom they say they signed the contract with IS the landowner? might be an idea.....

 

[dark.knight.10]

Thank you all! 

Okay, I didn’t know you can do that. There are 3 or 4 address with the same address on the Land reg site. How can I tell which is the Atlip centre. 
197 Ealing road, Wembley, HA0 4LW

Shall I pay to view all of them? 
 

[Nicky Boy]

43 minutes ago, dx100uk said:

print off 2 copies and take them with you.

just hope the judge accepts it one the day

Might be an idea to take 3 copies, just in case they send a locum?