UKCPM ticket no NtD, NtK arrived more than 14 days after dated.

Coupon-mad · 7 March 2017 at 11:34AM

Email the signed and dated defence, scanned in, attached as a PDF to an email with the claim number and 'DEFENCE' in the subject line to:

ccbc@hmcts.gsi.gov.uk

Do that before 3.30pm.

tidegu · 7 March 2017 at 7:23PM

CCBC replied me this morning saying it has been filed, thus I didn't check this thread for your suggestions. The only thing I missed was a signature and I sent as a docx document. The lady who sent me the notification did not complained about the signature, hopefully it would be fine. Thanks everyone!

tidegu · 25 June 2017 at 7:55PM

I have received the court hearing is due the week next, and received the claimant's response, what should I do next?

1. Do I need a solicitor? Or if the court can provide a free one? Does that worth it?
2. I think the winning grounds could be a) incorrect signage, i.e., being a IPC member but signage says BPA, so no valid contract, 2) grace period, i.e., they said 10 minutes grace period in their response pack, and photo evidences shows less than 10 minutes, does that mean they are not giving enough grace period?

Thanks!

[Deleted User] · 25 June 2017 at 8:59PM

1.You shouldn't need a solicitor. What Court are you now listed before (presumably your local Court, not Northants)

2. I have my doubts as to whether the "wrong logo" is a winning point, when all initial appeals are requested to the parking provider at their address. Grace periods is irrelevant if you did not return to your vehicle within 10 mins.

3. What are the circumstances of your parking (i.e. were you entitled to park there) and have you requested:
3.1. the contract that permits UK CPM to issue tickets
3.2. confirmed the signage is the one on display in the car park at the time

The best point is likely to be that the parking provider was supposed to be enforcing parking and not offering parking services to Joe Soap, Billy Bubble et al (i.e. you) and pocketing £100 for the privilege. That is likely to be to the detriment of the landowner and parking permit holders. If I am correct in that assumption, the signage purports to offer a contract that is void for impossibility as there was no lawful entitlement to offer it.

Coupon-mad · 25 June 2017 at 9:01PM

Do I need a solicitor? Or if the court can provide a free one?

No. The Defendant turns up alone, no solicitor. You can't reclaim the fees, not worth it.

What did you put in YOUR Witness Statement (WS) and what evidence have you filed to the Claimant and the local court? Not your defence back in March, your witness statement and evidence, that the court letter (the one giving you this court hearing date) told you to exchange with the Claimant. The letter possibly says (on page two) 'not later than two weeks before this hearing'. That's why the other side has sent you theirs! Where's YOURS?

I reckon you might need to re-read post #2 of the NEWBIES thread about WS stage, including what evidence to file.

Get this done on Monday/Tuesday, better late than never. Don't ask 'oh no, have I blown it?' No, just do it now. DO NOT just rock up at the hearing without doing this NOW.

grace period, i.e., they said 10 minutes grace period in their response pack, and photo evidences shows less than 10 minutes, does that mean they are not giving enough grace period?

Yes. But you haven't followed court directions have you? I hope I am wrong.

Show us THEIR 'WS' please - urgently!

tidegu · 25 June 2017 at 11:33PM

I just opened the letter giving me the court hearing date, I was on training in the past weeks so I think I missed the opportunity... The hearing is in about 10 days time now

Yes, I need to read and know more about how to reply.... urgently...

tidegu · 25 June 2017 at 11:40PM

Thanks. Regarding to 3.1 and 3.2, yes, they provided. I didn't quite understand your mean for the last paragraph... Sorry for being non-native speaker.

IMO, as they are claiming contractual breach, so I assume the only contract between me and them is the signage, so the signage must correct. However, that was showing BPA instead of they were actually IPC, so I don't think if the contract valid.

There response says they give 10 mins grace, but the photos are only taken within 3 mins or so, do they need to prove that I stayed more than 10 mins? or I have to prove I didn't stay more than 10 mins?

Thanks!

Coupon-mad · 25 June 2017 at 11:53PM

Show us their response pack. Link it on Dropbox, so we can help you destroy their evidence.

tidegu · 26 June 2017 at 12:49AM

Thanks CM!

Link of Entire CWS pack (32 pages)
https://www.dropbox.com/s/nzg2c9xtzw697rt/CWS%20Pack%20Redacted.pdf?dl=0

or shorter, only the WS letter extracted from the whole pack (4 pages)
https://www.dropbox.com/s/p7w0d3o4kjg94lx/CWS.pdf?dl=0

PS, I noticed that their CWS appendix ii, i.e., the signage, is not identical to the one on site (as photo evidence I posted in #1). Wording below "PARKING CHARGE NOTICE ... OR THE REDUCED SUM..." line is differ to the one in their photo evidence. The signage in CWS has a line of "REGISTERED KEEPER DETAILS MAY BE REQUESTED FROM DVLA" and "CARD PAYMENTS SUBJECTS TO £1.5 PROCESSING FEE" while the actual signage does not have these two lines. I'm not sure if these differences matters as "true" witness statement. Thanks.

Swinglebum · 26 June 2017 at 4:09AM

I was clamped in March 2012, before the Law changed..

I won't bore you with reasons why I was there but the Clamper nearly killed me with his wagon, so I followed him into a Car Park, to 'have a word'.

I wasn't parked but standing next to my car; but the moment I realised that he was going to clamp me I attempted to make my escape and the chains became wrapped around my suspension, causing damage to my car.. To my surprise he managed to get the clamp and chains wrapped around my wheel within 10 seconds.. Only when I gave up did he apply the padlock..

I called the Police, who insisted that I pay the man to remove the clamp.. Under duress, I handed £130 to the police officer, who paid the Clamper.. I then made a criminal allegation against the Clamper..

The Police investigation concluded that the Clamper was acting 'in good faith' and on the instructions of 'The Land Owner'.. I then looked up the title of the land and it turn out that the Land was unregistered, therefore the chap who instructed the Clampers was not in fact the Land Owner.. He merely had a right of way over the unregistered land..

As I understand the law, before October 2012, it is only the Land Owner or his appointed Agent who can instruct enforcement.. A right of way does not afford the legal right to instruct Clampers..

In January of this year after various attempts to have a conversation with the man who instructed the Clampers, I decided to register a Small Claims Action, mostly because at least 100 other people had their cars towed away and had to pay upwards of £500 to get them back.. I think the fines could be in the order of £350k..

I thought if I won my day in Court, all of these other people would be able to recover their costs..

I had a pre-hearing on Friday morning.. I found the process mentally exhausting, to the point where I started doubt myself.. The Judge order an amendment and ordered me to pay £800. Not a good day..

Am I doing the right thing taking the man who doesn't own the Land but instructed enforcement, to Court? I rather felt that he is entirely responsible for the manner in which the Clampers behaved? If he hadn't instructed them, I wouldn't have been nearly killed and there would be more happy people in the world.

The Court has ordered me to submit my 'Pleading's' within the next 14 days.. I was held by the Clamper for 2 hours.. I suffered intimidation and my car was damaged in the process..

All I can think of is that this was not an 'enforceable contract' as this man does not own the land over which he instructed punitive measures.

I'm interested to know what you think?

UKCPM ticket no NtD, NtK arrived more than 14 days after dated.

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