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  • FIRST POST
    • lee ca
    • By lee ca 28th Oct 17, 7:52 AM
    • 21Posts
    • 11Thanks
    lee ca
    desperate help in preparing defence vs UK CPM LTD
    • #1
    • 28th Oct 17, 7:52 AM
    desperate help in preparing defence vs UK CPM LTD 28th Oct 17 at 7:52 AM
    Hello Guys and thank you so much to whoever can help.
    I am trying to prepare a defence for a family member who is being taken to County Court by UK Car Park Management Ltd via Gladstone Solicitors. I have 2 weeks to submit the defence which would be until 5th November 2017.
    UKCPM have submitted their defence papers which I can PM if required.
    The story is that this family member lives in a flat with his family of 4 with one parking permit. He uses his car for the family but also to support his family by working as a taxi driver and so it has markings on the car indicating it is a taxi.
    He received a PCN despite being parked in his designated parking space (with his permit displayed) in November and December of 2016 due to what is claimed to be a breach in contract as a “commercial vehicle” cannot be parked in the car park. A commercial vehicle is described as “a vehicle used for carrying goods or fayre-carrying passengers”
    I feel the contract he signed agreeing to the car parking terms and conditions is unfair as it does not take into account that a car maybe used for dual purposes and I am not sure if this can be used as a defence (i.e. unfair contract). To prevent further PCNs the solution long term has been simple and that has been to cover up his taxi signs when he parks.

    He has already paid £440 to this dreadful company as he ignored another PCN alongside these ones which he assumed was part of this current claim but in actual fact a separate claim had been made. As a result he had a judgement automatically made against him (he thought he had already responded to letters/appealed but in fact it was to this current claim and with no response an automatic payment order was made against him). To make matters worse he is on fairly low income so this was a massive blow to him and his family.


    I appreciate to those who have read this far and any advice would also be appreciated!
    Thanks
    Lee
Page 3
    • Kayleigh18
    • By Kayleigh18 28th Nov 17, 5:42 PM
    • 1 Posts
    • 0 Thanks
    Kayleigh18
    CPM Car park fine in my own space
    Hi
    I’m trying to find the newbie threads as I have similar issues to everyone else I need help!

    27/07/17 - PCN issued as I did not have my
    Permit in my car for 20 mins in my own allocated space,
    PCN was not stuck on my car as by then I had presented my permit and I have video footage of this with a member of CPM standing with me at my car with a valid permit.

    4/08/17 - a letter to say I owe £100 (I assumed I had to ignor so i did) I don’t agree I have to pay £100 for being in my own space at my home addressand that the employee of CPM had seen my permit

    6/10/17 - letter from DRP debt recovery plus ltd telling me to pay their client “CPM” £160!

    30/10/17 - another letter from DRP
    Headed ,notice or intended court action if I don’t pay £160

    When I moved in the flat in January 2017,CPM did not exist,the company were brought in to potrol the premises in June 2017.
    There is nothing in our leasse about permits or CPM.

    Do I have any rights? To fight this?

    Any Info would be much appreciated

    Many thanks
    Kayleigh
    • beamerguy
    • By beamerguy 28th Nov 17, 5:46 PM
    • 6,477 Posts
    • 8,308 Thanks
    beamerguy
    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

    Towards the top of the previous page (main forum)

    PLEASE start your own thread for help, this one belongs
    to another OP

    Thanks

    And .... PS, ignore the DRP drivel, complete timewasters
    Tell you more when you start your own thread
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • lee ca
    • By lee ca 2nd Dec 17, 6:16 PM
    • 21 Posts
    • 11 Thanks
    lee ca
    Just an update.
    It seems things are not over yet.
    A letter was recieved to say the case will now go ahead! Does this mean they paid £200 for this to happen?

    Letter says:
    TAKE NOTICE that the Hearing has be restored
    14th December etc
    etc

    any help/advice would be appreciated
    • IamEmanresu
    • By IamEmanresu 3rd Dec 17, 6:19 AM
    • 1,819 Posts
    • 3,214 Thanks
    IamEmanresu
    Call the court on Monday and ask what happened. Ask if this is another of the "admin" mistakes that Gladstones are notorious for?

    Also if the case is to be heard on 14th have you had their bundle yet and can we see it? There will be "admin" mistakes in there too that you can use if the hearing does go ahead.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Johnersh
    • By Johnersh 3rd Dec 17, 11:38 AM
    • 749 Posts
    • 1,392 Thanks
    Johnersh
    Sounds worryingly like there have been communications between the court and Gladstones that the o/p has not been copied in to....
    Last edited by Johnersh; 03-12-2017 at 3:20 PM. Reason: Typo
    • lee ca
    • By lee ca 3rd Dec 17, 2:27 PM
    • 21 Posts
    • 11 Thanks
    lee ca
    yup will contact on monday thanks
    • lee ca
    • By lee ca 14th Dec 17, 12:56 PM
    • 21 Posts
    • 11 Thanks
    lee ca
    Final update hopefully.
    Case went to court today. Defendant (Family member) attended. Gladstones did not turn up. Apparently Judge was surprised that the defendant was receiving tickets for parking in his own space. Case thrown out and was awarded £35 costs for the day.
    • Johnersh
    • By Johnersh 14th Dec 17, 1:59 PM
    • 749 Posts
    • 1,392 Thanks
    Johnersh
    HURRAH! shame it didn't cost the claimant a little more given the inconvenience caused, but it's a nice win. Well done.
    The best advice I ever got was that knowledge is power and to keep reading. David BaileyDISCLAIMER: I post thoughts as & when they occur. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events. Your home is at risk if you don't meet mortgage payments or other loans secured on it
    • Coupon-mad
    • By Coupon-mad 15th Dec 17, 12:05 AM
    • 51,833 Posts
    • 65,467 Thanks
    Coupon-mad
    Yay, what a fantastic result in the end for this case!

    Nice one, always worth fighting.
    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.

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