PCN from CPM

Akumo

Hi

Thank you for the feedback below are links to dropbox where I have saved some of the pages in PDF of the witness statement from Gladstones.
The first link is the contract vbetween UK CPM and Moat:

https://www.dropbox.com/s/2vdzf88bw5715di/GS%20WS%20A.pdf?dl=0


The below link is the first page of their WS:

https://www.dropbox.com/s/fcwfuaq2s5lt4my/GS%20WS%20NEW%201.pdf?dl=0


Link below are pages 2-7 of their WS:

https://www.dropbox.com/s/ua4rwvnmi733n4k/GS%20WS%20B.pdf?dl=0



Image of the signage in the car park:

https://www.dropbox.com/s/o8x9f3yvmtmiq5r/sign.pdf?dl=0


PDF of parking terms and conditions within the Tenancy Agreement ( I was not actually aware of or I had forgotten about this, date was 2014):
https://www.dropbox.com/s/ysnu8lvd060ib21/Parking.pdf?dl=0


From the claimants WS I have omitted a few pages, these are pictures of my car, letters to me from CPM and the case of Link V Blaney, which the Judge did not really mention in the case but did mention Beavis and said that I was under contract.



During the hearing I was given a copy of the claimants WS, and was given a short time to read through it. I was given the option of adjourning for another day but chose to continue with the hearing.


Regards


Akumo

Castle

Akumo wrote: »

Hi

Thank you for the feedback below are links to dropbox where I have saved some of the pages in PDF of the witness statement from Gladstones.
The first link is the contract vbetween UK CPM and Moat:

www.dropbox.com/s/2vdzf88bw5715di/GS%20WS%20A.pdf?dl=0

UKCPM's contract was apparently signed in May 2010 yet it makes reference, (in section 2.3), to POFA2012; (an Act which didn't exist until October 2012).

Akumo

Castle, thank you for the repsonse.


I apologise in advance for being an idiot but what is the significance of this?
A forged document or something else?
Perjury?
Lies within the WS?


Is this enough/sufficient to contest the Judgmenet and if so how do I go about it?


Also should I make a payment to Gladstones now and claim it back at a later hearing?


Doing some reading, looks like I have to start a new claim against the claimant, is this right?


Regards

Akumo

Coupon-mad

It's a forged document, it cannot be a true copy of a May 2010 agreement because the POFA Schedule 4 wasn't even a twinkle in the eye of Parliament then.

I am not even sure that UKCPM used that logo with the 'P' of their name in blue/white, in 2010 when I think they were scummy, knuckle dragging clampers. Pretty sure they didn't...

You cannot possibly have been given time to read this properly but unfortunately you turned down the chance to adjourn.

How about writing to the Judge by name to point out that part of the evidence was clearly forged?

Akumo

So presumably I have to pay the fine?
Am I or will I be able to counterclaim?
Will of course write to the Judge by name and see what response I get.

Coupon-mad

Why not write to the Judge by name, tomorrow, to alert him/her to the forged evidence that you were not afforded any opportunity to consider before the hearing.

What is that signature meant to be, for 'Moat'? It's a pile of letters, who is meant to have signed it?

You have 30 days to pay...so write to the Judge first, but let's see if anyone adds anything here in the morning.

Akumo

Thank you for your help and advice.

Coupon-mad

PDF of parking terms and conditions within the Tenancy Agreement ( I was not actually aware of or I had forgotten about this, date was 2014):
https://www.dropbox.com/s/ysnu8lvd060ib21/Parking.pdf?dl=0

Did you put that in evidence before the hearing?

Also ask your Judge in the letter you send tomorrow, for leave to appeal the decision.

Akumo

No, I did not include it within my evidence because I had complwetely forgotten about it, I only included the original tenancy agreement which said nothing about parking. I do not see how this document will help as it states in para (i) Any vehicle parked in any part of the estate must be done so in accordance with the parking arrangements at that time.



The juge ordered me to make payment within 14 days not 30, Do I still have 30 days in which to make payment? I would not have thought so.

System

It's a forged document, it cannot be a true copy of a May 2010 agreement because the POFA Schedule 4 wasn't even a twinkle in the eye of Parliament then.

It may not be. There may have been an agreed variation / update which left the bulk of the existing agreement in place. IMHO the OP should pay up and move on.

There are lessons to be learned for others such as

1. If there was no WS received 14 days prior, chase it up and advise the court of the same
2. If you arrive at court with no WS ask for a strike out. The judge in this case offered 2 options but the strike out was also available if the WS is rejected for late service.

Typically Gladstones will rely on the good nature of people who do not understand the rules and in their eyes are fair game.

A reminder for the future

27. CPR 32.10 specifies the consequences of failure to serve a witness statement. It follows that even if the parties had purported to reach a concluded agreement on an extension of time this would not have been effective unless the court were to be persuaded formally to endorse it. This court is under a duty under CPR 1.4 not simply to adjudicate passively upon the applications of the parties or to rubber stamp their reciprocal procedural indulgences but actively to manage cases. To this end, the court has power under CPR 3.3 to make orders of its own initiative.” (emphasis added).

MA LLOYD & SONS LTD –V- PPC INTERNATIONAL LTD

Rather than encourage someone who has clearly been let down by the system to jump in again, it would prudent for them to save their money and move on.