Court Claim Form - Advice on how best to proceed - interesting situation!

safarmuk

The technicality was that I was bringing a counterclaim for trespass, distress etc when my partner is the only person whose name is on the lease. Therefore a third party cannot bring a claim for trespass.

Ah yes, that is a rather large technicality I am afraid. Did the DJ give an indication that your wife may have been successful if she had pursued this?

Also what was the questionnaire you did not fill in - would be good to know for future reference.

Yes please, do PM me the details if you don't mind. There are some off forum people in the same position who might be tempted to take similar action so any information to get it right is always welcome.

On the repeat ticketing, is this in your allocated space or communal spaces, if the former, has your wife asked to opt her bay out of the scheme permanently?

Acidmonkey

The DJ did indicate it would have been successful in terms of my counterlclaim if it was my wife that had pursued this.

The Part 20 application to add a second defendant is a little tricky, I paid the fee etc, but I did not know there was a form or questionnaire to fill in - I just assumed it would be like the counterclaim, and I could just add the second defendant in my counterclaim paperwork.

There is a separate form that must be filled in to add a second defendant - although I still don't know where I can find this or what the form is!

The repeat ticketing still happens on land where my wife is the leaseholder, we have repeatedly emailed the MA to opt out, they call back to confirm (they never reply in writing...!) And we continue being ticketed in this bay...:mad:

We've built up quite a number of tickets now, we've told all parties they will be billed £100 per ticket, we're just waiting to be taken to court again and hopefully put an end to all this madness.

I'll PM you the defence and counterclaim - court reference numbers will be visible on the document.

safarmuk

The repeat ticketing still happens on land where my wife is the leaseholder, we have repeatedly emailed the MA to opt out, they call back to confirm (they never reply in writing...!) And we continue being ticketed in this bay...

Next time they ring back set up a recording - but at the start of the call you must tell them the call is being recorded - and ask them to confirm who they are and that they have instructed CPM that your bay is no longer to be monitored or ticketed. See if they do so, this will give you a pretty good indication of what they are up to ...

If you get no joy getting confirmation recorded or in writing, I would draft up and then send them a LBC, by now they must know you are serious. My advice would be that you need to stop the flow of tickets for now and then deal with them again if/when any go to court on the ones already issued, as I suspect you plan to do so. However by continuing to pile up tickets however you run the risk of a claim being big enough for them to invest in some serious legal firepower against you.

On another aside, I can't remember but have you contacted the Freeholder? If so who is it, by any chance is it Estates & Management (they represent a huge amount of freeholders).

Acidmonkey

A little update for this still following, I’ve managed to get an email from the MA confirming the suspension of parking enforcement inside our parkingbay.

The MA also attached an email from UKCPM which confirmed that all outstanding tickets would be cancelled.

The thing is, UKCPM are still ticketing us...:mad:

This is getting really ridiculous, not sure where to go from here, I’m not really interested in speaking to the MA everytume we get a ticket asking them to cancel it, and I don’t think they’re interested in that either!

Coupon-mad

Sounds like you need to write to UKCPM and give them one final warning (an LBC) pointing them to the case of Roger Davey v UKPC, and say you will have to get a solicitor to obtain an injunction against UKCPM and they will be liable for the 4 figure cost.

Copy in your MP and Trading Standards.

nosferatu1001

Yiou will also sue them for aggravated trespass (assuming houre the leaseholder), breach of data protection, tortious interference with your ease, etc, for a sum no less than £750.

Nell22

*Bump* has this developed any further - i am actually starting proceedings on exactly the same scenario. Thanks.

Umkomaas

Nell22 wrote: »

*Bump* has this developed any further - i am actually starting proceedings on exactly the same scenario. Thanks.

Despite so much input from volunteers, some people just don't come back with a courteous update.

I question my continued involvement every day!

JesterShoe

Cracking story up to now. I would really like to know how it ends.