CPM ticket while parked at the allocated parking

raselmahbub

@completelyfubar, I have just done my AOS. Nothing else yet.
Are you writing to GS as well? If you have already started something, would also appreciate any help.

@Coupon-mad, you suggested to include 1st Octobers's pre-action protocol in the letter to Gladstone. But the letter they sent to me dated 29th September.

Umkomaas

@Coupon-mad, you suggested to include 1st Octobers's pre-action protocol in the letter to Gladstone. But the letter they sent to me dated 29th September.

AIUI (IANAL) as your case is ongoing, now the new pre-action protocol (PaP) is in place, you are entitled to its assistance.

Whatever the situation is in reality, I’d still fire off that letter, as per CM’s advice, and apply the pressure. Let them come back with reasons why they won’t provide the information required. You might argue that if they are simply hiding behind a mere date, they must have something to hide!

raselmahbub

Below are the letters..any advise will highly be appreciated.

Letter to GS:
Dear Sirs,
I am writing in reference to your recent letter before claim dated 29/09/2017 (ref: xxxxx) followed by a claim no XXXXX.

I am really surprised and shocked receiving a second claim form in reference to a parking charge for which I never received either a PCN or NTK.

All the correspondences from your side, your Client and the Debt Collector, has been so vague that I have never had any idea that UKCPM are purporting to have issued three PCNs.

Only one PCN was seen on the car (and this was appealed) but further, only one Notice to Keeper was served for that single PCN. No other PCN or NTK was served.

The only clue that there may have been more than one PCN is seen only now, by scrutinising the minutiae of detail in the references/dates in the Debt Recovery Plus letters, which I understand are pure harassment and believe all related to the single PCN I have appealed.

This second claim is the first I realized that UKCPM are alleging there was more than one PCN and I am going to ask the court in my defence to use their case management powers to merge the claims, or have them heard together as one case, or strike other ones out as a duplicate of essentially the same matter.

Gladstone should have filed only one single claim for all three PCNs and if I now receive a third claim form, this vexatious and wholly unreasonable conduct will be drawn to the attention of the Court and will be referenced in terms of costs, when I prevail.

As I have already mentioned in my previous Defence, I am the lawful tenant of the property xxxxxxxxxxx and the property comes with an allocated parking space. I am authorised to park in that parking bay as part of my Tenancy Agreement, which makes no reference to parking permits or any third parties.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2.

It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the new Protocol.

Yours etc
======================================
Letter to CCBC:
Dear Sirs,
This letter is in reference to the claim form no XXXXX.
I already have a Claim xxxxxxx in progress from the same claimant for which I have submitted my defence on xxxx.
I am really surprised and shocked receiving a second claim form in reference to a parking charge for which I never received either a PCN or NTK.
All the correspondences from claimant’s side, has been so vague that I have never had any idea that UKCPM are purporting to have issued three PCNs.

Only one PCN was seen on the car (and this was appealed) but further, only one Notice to Keeper was served for that single PCN. No other PCN or NTK was served.

The only clue that there may have been more than one PCN is seen only now, by scrutinising the minutiae of detail in the references/dates in the Debt Recovery Plus letters, which I understand are pure harassment and believe all related to the single PCN I have appealed.
Gladstone should have filed only one single claim for all PCNs and it appears that now I am going to receive a third claim.

Gladstones are well aware that there is a claim already in place regarding exactly the same sort of charge, dealing with essentially the same facts and should have filed only one single claim for all PCN. As such, I request the Court to use its case management power to either strike out this second claim as an abuse of court process, or require that the claims are merged to reduce the burden on court time, and costs to the Defendant.

Yours etc

raselmahbub

I guess the letters are OK and that's why no response at all!

raselmahbub

Update...

Posted the Defence and the letter to GS today. Also attached the letter to ccbc with the Defence.

Also received a letter from the local court confirming the hearing of the first case.

Quick question. Shall I send the same letter (letter to ccbc) to the local court/Judge?

completelyfubar

I'm going to be sending my letter to the Judge at the Court as per the letter mentioned on my thread.
I also just wrote the same detail into the email to CCBC and attached my 2nd defence.

nosferatu1001

I dont see hamr in sending to the judge at your court. Youre asking sensibly for all three cases to be combined - as no chance thye will strike it out.

moin214

I believe its the landlord lease document that you would need to get a copy. ultimately to produce in the court.

you should be able to obtain a copy for 50 pounds at this site. (I believe the costs can be claimed when u win the case )

landregistryservice.uk/services/land-registry-title-deeds

The document you are looking for is Registered Lease.

raselmahbub

There is a little bit of problem with my WS.

Just a quick reminder this WS is for the first defence I submitted prior to receiving the second claim form when I became aware that they are actually after 3 PCN. I never received PCNs or NTKs for the first two charges. ON the other hand the defence I submitted was actually for a date I have not received the Claim Form yet. The dates are also wrong as I thought it was for the parking charge which I had the PCN.

Now the problem is, how do I put all these in the WS. Am I even allowed to do this i.e. putting new points in WS which I did not mention in the defense?

I am still waiting for the DQ for the second defence and yet to receive a claim form for which I actually have had a PCN!

I am sure you will point me to the right direction.

[Deleted User]

If these are all tickets for the same site, have you asked the court for the hearing of all of the claims to be consolidated into one?

If so, the ideal would be to do one statement making all the points you needed.

Otherwise, so long as your statement isn't the polar opposite of your case you should be fine. The PPC statement often contains substantially more detail than is pleaded in the PoC