CPM Parking Charge for Unauthorised Parking

Murlton

Damn!

I tried to write as much of it by myself as I could (first half) but when the template mentioned adding all the law talk about sueing them.. it was wayyy out of my league so I got the second half from a C-M response elsewhere! Thanks

Murlton

Okay, edited and reposted. Half is taken from an existing letter then modified.. and half is written in my own words!

Gladstones Solicitors
The Terrace, High Legh Park Golf Club,
Warrington Road, Knutsford, Cheshire,
WA16 6AA

19/09/2017

REF: xxxxxxxxxxxxx

Dear Sirs

Re: LETTER BEFORE COUNTY COURT CLAIM dated [12/09/2017]

I am writing to acknowledge receipt of the above letter.

As requested in the Letter Before Claim I recently received I have checked the Practice Direction and have argument with your claim that you are fully compliant with it. The letter you sent is incorrect in its statement and quite frankly I find it worrying that a legal department staffed by solicitors is unable to produce a Letter Before Claim that adheres to the Practice Direction. I would also like to include that I have received no legal training and yet I am the one having to explain what the Practice Direction deems a requirement from you. I would certainly be interested if the solicitor in charge of the legal department approved the Letter Before Claim that fails to meet the necessary legal requirements before it was sent out.

I would like to request that you send me a fully compliant Letter Before Claim so I can deal with my own obligations under the Practice Direction. To ensure you are able to meet my request I have attached an extract of the Practice Direction dealing with the requirements for a Claimant's Letter Before Claim.

Should you seek to proceed with a claim I will apply for it to be struck out, due to CPR Part 3.4:

(a) that UK Car Park Management's statement of case will disclose no reasonable grounds for bringing the claim;
(b) that the statement of case will be an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; and
(c) that there has been a failure to comply with a rule, practice direction or court order.

Since you have no cause of action against me as registered keeper, should you proceed with a claim I will file a counter-claim for not less than £500 in compensation for distress caused by your unwarranted demands arising from misuse of the data you obtained from the DVLA for one purpose, yet are now processing it for another purpose not covered by the KADOE regulations.

I expect UK Car Park Management to now cancel this 'parking charge' and admit its mistake in attempting to misuse my data, and in trying to mislead me by suggesting that a registered keeper is liable for a non-POFA parking charge 'debt', and that I could be liable for escalated costs/legal fees. As you will be aware, the general costs rule in Small Claims is that there is no costs order.!

However, in support of my own counter-claim, I must remind you that under CPR Rule 27.14(2)(g):!

''costs can be awarded where a party behaves unreasonably''.!

I refer UK Car Park Management to paragraph 16 of the Practice Direction – Pre-Action Conduct:!
''a party who has not complied with its pre-action obligations can be ordered to pay costs (even if the party has succeeded in its claim/defence) and there is also a power to remit/increase interest.''

I expect to hear from you within 14 days to confirm that the charge is cancelled. Should you fail to cancel this PCN and/or pursue a baseless claim without supplying any evidence of any breach of a relevant contract or relevant obligation, or photographs, or the contract, or your basis for pursuing a registered keeper without the POFA 2012, you may consider this adequate notice of my intention to sue UK Car Park Management, for the significant distress your actions continue to cause me.

All letters exchanged will be used in evidence in court.!

Please do me the courtesy of reading and replying to this letter.

Yours faithfully

xxxxxxxxxxxxxx

---

Extract from Practice Direction
Annex A

2. Claimant’s letter before claim

2.1!
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –!

(1) the claimant’s full name and address;!
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);!
(3) a clear summary of the facts on which the claim is based;!
(4) what the claimant wants from the defendant;!
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and!
(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.!

2.2!
The letter should also –!
(1) list the essential documents on which the claimant intends to rely;!
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;!
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and!
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see

KeithP

Your mention of 'Practice Direction' and 'Annex A' is, I believe, outdated.

A post by LOC123 a few days ago mentioned this:

Loadsofchildren123 wrote: »

Lol, there is no "Annex B" to the Practice Direction - Pre-Action Conduct. What are they talking about? (their used to be annexes to it, but not for a long time). They cannot claim to have complied with something which DOESN'T EXIST!

Not sure where you copied that from, but can you find a newer version?

Murlton

I found it somewhere in a thread.. there are THAT many though that I can't seem to find it.

There is this response by LOC I could amend instead:

https://forums.moneysavingexpert.com/discussion/comment/72358831#Comment_72358831

Would I just be better doing that?

Coupon-mad

Anything robust will do, that's taken from a recent example and not talking about Annex A.

dr.bear.mr.bull

I am also a fresh recipient of the infamous Gladstone letter with reference number starting with 3 and if I google the phone number it is pointing to a debt recovery plus landline.
My case is that of a Gemini Parking operated closed area, where the parking "fine" states that I was parked with the wheels going outside my dedicated space. Same 160£ request.

Anyone who is further ahead in the process that can advise what happens next?

KeithP

dr.bear.mr.bull wrote: »

I am also a fresh recipient of the infamous Gladstone letter with reference number starting with 3 and if I google the phone number it is pointing to a debt recovery plus landline.
My case is that of a Gemini Parking operated closed area, where the parking "fine" states that I was parked with the wheels going outside my dedicated space. Same 160£ request.

Anyone who is further ahead in the process that can advise what happens next?

You really need to start your own thread.

Experience has shown that trying to deal with two different posters about two different events will only lead to confusion.

Have a read of the NEWBIES FAQ thread before starting your own thread.

When you have done that please come back here and delete your post above.

Murlton

https://a.uguu.se/VbAcVCipCJpC.jpg
https://a.uguu.se/jLo0VGZxDom5.jpg

Please could you take a look at the response I've received from Gladstones? This a response to my letter 6 posts up (which was a response to their inadequate LBCCC).

Any advice on what I should do next?

Murlton

By the way.. I have recently come across some evidence for my case. In the IPC code of practice it states that when a change in parking regulations is made then additional/temporary signage should be included at the entrance of the car park so frequent users are informed of the new rules (something along those lines, I don't have it with me right now). I have a letter from a member of the council who confirms they did put up additional signage at the entrance.. THREE weeks after I got my fine!

Surely this is a big win for my eventual defence?

completelyfubar

Mate, they never put up additional signs at the entrance... he put an extra one on his wall 'near' the entrance. When did the council say that the sign went up?
I have a picture from November last year with no additional signage and certainly nothing at the entrance where it would be easily seen.