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  • FIRST POST
    • Magnum0121
    • By Magnum0121 6th Oct 17, 11:55 AM
    • 18Posts
    • 3Thanks
    Magnum0121
    Claim Form - UK Car Park Management
    • #1
    • 6th Oct 17, 11:55 AM
    Claim Form - UK Car Park Management 6th Oct 17 at 11:55 AM
    Hello,
    A couple of weeks ago on the day I was meant to be going on holiday I received a letter before claim from Gladstones. Obviously there was no time to respond as I was catching a flight, so had to respond when I got back. I sent a robust response to the LBC but it was too late, the 14 days was up and they didn't mess around with the claim form!

    I've frantically read the newbies thread again and it says "small claim? Start a new thread please"
    I've registered with MCOL so I now have until the end of he month to sort this out but I'd rather nip it in the bud.

    The parking charge in question was for "breaching the terms of parking" on the land of a residential site.

    Any help would be greatly appreciated.

    Thank you
Page 2
    • Coupon-mad
    • By Coupon-mad 19th Oct 17, 8:40 PM
    • 51,709 Posts
    • 65,352 Thanks
    Coupon-mad
    That's the point!

    It grants you rights and there is nothing there imposing any obligation or charge upon you.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Magnum0121
    • By Magnum0121 20th Oct 17, 7:13 AM
    • 18 Posts
    • 3 Thanks
    Magnum0121
    Second draft, removing the original point 1 in my original post and adding two points regarding the lease, whilst quoting the lease word for word.
    I would print out a copy of the lease in full to present to the Judge.


    1.a. There is no breach of contract as there is no offer of free parking. Jolson v Homeguard (2016) it was established that ParkingEye v Beavis (2015) does not apply to residential parking.
    1.b. If the wording of the signage forbids parking then there is no offer to park and therefore no contract. In PCM-UK v Bull et al (2016) residents were parking on access roads. The signage forbade parking therefore no contract was in place. A trespass had occurred, but that meant only the land owner could claim, not the parking company.
    1.c. In UKPC v Masterson (2016) it was also found that the signage was forbidding, so the matter was one of trespass. The parking company did not have standing to claim.
    1.d. In Horizon Parking v Mr J it was also found that the signage was forbidding, so the matter was one of trespass. The parking company did not have standing to claim.

    2.a. I was not the driver of the the vehicle at the time of the alleged contravention. The parking company are not relying on Protection Of Freedoms Act 2012 therefore I am under no obligation to name the driver.
    2.b. Excel v Mr B - Sheffield (2016) the Judge made it clear that without proof of driver, and without invoking keeper liability, there was no claim against the keeper.

    3.a. My lease does not forbid parking, it only grants permission to park a road worth vehicle. There is no mention of a ban on parking on the roadway.
    "Covenants by the buyer.
    Parking:
    Not to use any car parking space for any purpose other than the parking of one private motor car or one private motorcycle which shall be in a roadworthy condition and shall exhibit a current road fund licence. "

    3.b. My lease grants the right to access my property via the roadway. Again, there is no mention of a parking ban for residents.
    "To pass with or without vehicles along the Estate roads and any other roads connecting thereto which are intended to be highways maintainable at the public expense to provide access and egress to and from the public highway and to pass with or without vehicles as appropriate over any of the vehicular access-ways comprised in the Common Parts for the purpose of access and egress from the property."
    • Coupon-mad
    • By Coupon-mad 20th Oct 17, 3:40 PM
    • 51,709 Posts
    • 65,352 Thanks
    Coupon-mad
    I would print out a copy of the lease in full to present to the Judge.
    You would, much later, at Witness Statement stage (each stage is in the NEWBIES thread post #2).

    Jolson v Homeguard (2016)
    should read:
    Jopson v Homeguard [2016] B9GF0A9E (at Oxford County Court, on Appeal, decided by HHJ Charles Harris QC)
    Make this stronger:
    3.a. My lease does not forbid parking, indeed it only grants unfettered rights in the form of unequivocal permission to park a road worth vehicle.
    And read the NEWBIES thread post #2, to be ready for how to complete the next form, N180 (no to mediation, etc.).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Magnum0121
    • By Magnum0121 30th Oct 17, 12:43 PM
    • 18 Posts
    • 3 Thanks
    Magnum0121
    The defence was submitted by post last week.
    I now have a letter from Northampton acknowledging the defence.
    "The claimant may contact you directly to attempt to resolve any dispute...if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed..." etc
    • Magnum0121
    • By Magnum0121 2nd Dec 17, 9:53 AM
    • 18 Posts
    • 3 Thanks
    Magnum0121
    Hello,
    I have now received a letter from Gladstones.

    "We act for the claimant and have notified the court of our clients intention to proceed with the claim.
    Please find enclosed a copy of our clients completed directions questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing.

    This request is sought simply because the matter is in our clients option relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

    You will note our client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of. Notwithstanding this, our client would be happy to listen to any genuine payment proposals that you wish to put forward."

    The letter includes the N180 form.


    Thanks for any help with the next steps
    • Umkomaas
    • By Umkomaas 2nd Dec 17, 10:29 AM
    • 15,886 Posts
    • 24,632 Thanks
    Umkomaas
    Thanks for any help with the next steps
    All of the above (template) from Gladstone’s was totally predictable and I’m surprised you weren’t ready for it. It’s all detailed in bargepole’s walk-through in the NEWBIES FAQ sticky, post #2. It tells you how to deal with the N180. Please read it; everything should be covered in it.

    That sticky needs to be your ‘Bible’ as you proceed through this. There are deadlines to meet and various documents to produce. If you’re ahead of the curve, you will know what to expect and when, that way nothing will surprise you.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Magnum0121
    • By Magnum0121 2nd Dec 17, 2:24 PM
    • 18 Posts
    • 3 Thanks
    Magnum0121
    Sorry, I have just read it again 3 times and I can't see N180 mentioned and used the search function to try to find the term "N180" used in the thread
    • nosferatu1001
    • By nosferatu1001 2nd Dec 17, 2:26 PM
    • 1,144 Posts
    • 1,173 Thanks
    nosferatu1001
    Directions questionnaire ? Allocations ? It’s absolutely in there.
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