Parking Charge with No Authority to Enforce!

ampersand

Keonuk - OBEY ^^^^^^^^^^^^^^^^^^^^^^^^^THIS.
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It would't be hard to fill the next couple of pages with Parking Forumites repeating this ad infinitum.

It's an absolute NO-NO.
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[My ref.s are to the World Cup, which we ABs magnificently retained on Saturday at Twickenham:-))))))))))))))))))).]

The_Slithy_Tove

keonuk wrote: »

I spoken to UKCPS today - told them that I had written confirmation that they wasn't authorised to be handing out invoices on Total Fitness's car park.

Good Grief! Not only do you never call a PPC, it is very foolish to phone anyone who has initiated a court action against you! It's all too easy to say something which will prejudice your case and that they'll use against you. EVERYTHING must be in writing once court proceedings have started.

keonuk

^^^^^^

These are all the reasons I came here for advice..... I would have just sabotaged any chance I had of winning this case without consulting this Forum! :eek:

Coupon-mad

OK, glad you didn't. But don't phone the scum. With a court claim you must meet the deadlines to acknowledge, then that buys you 14 days to defend it with your bullet point arguments you plan to expland upon if they proceed to a hearing.

keonuk

I have received my Small Claims Directions Questionnaire from the Court. Simultaneously I received a letter from the Gym manager stating that he does not wish to pursue the claim and that UKCPS were told to stay off their car park months before my Invoice.

Two questions:

1. Do I use Mediation, or since I don't wish to pay them anything is this worth skipping?

2. Do I enclose the letter from the Gym with my completed questionnaire, or is this only for use at the hearing?

Ok, one more

3. Do I need to send a copy of my completed questionnaire to the Claimant as well at the court?

Does anyone else have any tips at this stage?

Apparently UKCPS claim they do have a signed contract with Total Fitness, however the Head Office allow the general managers of individual Gyms to control whether they would like their presence or not - in my case they were told to leave beforehand.

Coupon-mad

keonuk wrote: »

I have received my Small Claims Directions Questionnaire from the Court.

Simultaneously I received a letter from the Gym manager stating that he does not wish to pursue the claim and that UKCPS were told to stay off their car park months before my Invoice.

questions:

1. Do I use Mediation, or since I don't wish to pay them anything is this worth skipping?

No, do not use mediation in your circumstances, no point and you'll be pushed to settle. You have no reason to pay them.

2. Do I enclose the letter from the Gym with my completed questionnaire, or is this only for use at the hearing? Only at and shortly BEFORE a hearing if and when you get a date for it and have to then serve your defence to all parties. No attachments now but you must have referred to it in your defence bullet points - assume you did?

3. Do I need to send a copy of my completed questionnaire to the Claimant as well at the court? I believe so, check the paperwork.

keonuk

Thanks for the advice.

I will skip mediation and post out the questionnaire to both parties - requesting it is heard in court

Half_way

don't forget to claim all your costs, if you can state the ppc is being unreasonable especially as the principal (the gym) has told them to stop, then you can claim all of your costs uncapped.

keonuk

Half_way wrote: »

don't forget to claim all your costs, if you can state the ppc is being unreasonable especially as the principal (the gym) has told them to stop, then you can claim all of your costs uncapped.

I sure will be, time and postage etc.

I'm pre-empting a little here, but in the unlikely case that the court doesn't rule in my favour, what would the process be for claiming my losses against the Gym? Would this be a separate case that I would have to put through the court again?

ManxRed

If the principal has asked them to refrain from claiming against you, then you need to raise the point (in court or in your defence) as to 'in what capacity are they bringing the claim?'

If they are an agent of the gym, then they are clearly ignoring their Principal's express instructions (so effectively they're NOT acting as agents of the gym).

If they are acting as sole claimant in their own right, then they need to demonstrate that they have such authority/landholder rights on the land. Otherwise, we're into toothbrush territory (see VCS v Ibbotsen).