CPM ticket while parked at the allocated parking

Coupon-mad

Unfortunately, we aren't allowed any more sticky threads and we got 'special agreement' to have the two we have ('NEWBIES FAQS' and 'POPLA Decisions') when other boards here are only allowed one!

If your N180 DQ doesn't arrive by this time next week, download it from HM Courts (Google for the form).

raselmahbub

Quick update...
Received the Notice of Transfer of Proceedings to my local court yesterday.

And a quick question..
How long do I have before the final hearing..

claxtome

How long do I have before the final hearing.

In my experience there will be a further court letter which will answer that.

raselmahbub

New development ... another Court letter today and expecting another one in few days.

OK... to my surprise I received another Court letter today.

Quick Recap:
Believe you still remember that the agency never provided me the parking permit when I moved into the flat and I only became aware of this when I received the parking ticket. I started parking my car in my allocated parking from the beginning of January'17. The only parking ticket I found stuck on the windscreen was on 08/02/17 and since then I have been fighting this ticket with the help of this amazing forum and the experts.

It was my mistake not to read through the reference numbers and date of notice etc in all the letters came through the door. In my mind all the letters were for 08/02/17. I even submitted my Defence mentioning the same date.

Checked all the letters today and it turns out that letters issued by DRP was for 3 different dates and references 27/01, 03/02 and 08/02.

And surprisingly, I never found/received any ticket in my car prior to 08/02. The car park is a secured underground residential garage and also I use my car everyday to commute to work which means its sort of impossible to be missed.

Additionally the only letter received from UKCPM on 29/03 (prior to receiving all the DRP letters) was in reference to 08/02.

So the last Court letter was actually for 27/01, today's one is for 03/02 and I believe there will be another one for 08/02.

23/12/16 - Moved into the property.
08/02/17 - Found the sticker.
09/02/17 - Emailed Agency of the issue.
24/02/17 - Appeal letter to UKCPM
15/03/17 - Appeal rejected by UKCPM with 28 days notice
29/03/17- Letter from UKCPM (Formal Demand) to pay for the ticket issued 08/02/17 with pictures.
04/04/17 - DRP Letter- Parking charge date - 27/01
20/04/17 - DRP Letter- Parking charge date - 27/01
28/04/17 - DRP Letter- Parking charge date - 03/02
02/05/17 - DRP Letter- Parking charge date - 03/02
04/05/17 - DRP Letter- Parking charge date - 27/01
17/05/17 - DRP Letter- Parking charge date - 03/02
25/05/17 - DRP Letter- Parking charge date - 08/02
01/06/17 - DRP Letter- Parking charge date - 03/02
05/06/17 - GS Letter - Parking Charge reference - 27/01
09/06/17 - DRP Letter- Parking charge date - 03/02
25/06/17 - DRP Letter- Parking charge date - 08/02
11/07/17 - GS Letter - Parking Charge reference - 03/02
25/07/17 - GS Letter Before Claim - Parking Charge reference - 27/01
14/08/17 - Court Letter - Parking Charge reference - 27/01
25/07/17 - GS Letter - Parking Charge reference - 08/02
29/09/17 - GS Letter Before Claim - Parking Charge reference - 03/02
26/10/17 - Court Letter - Parking Charge reference - 03/02

Notice the only letter I received from UKCPM was in reference to the charge on 08/02.

What do I do now?

Coupon-mad

Did you ever get a Letter before Claim for the one dated 8/2? At all?

When you say ''court letter'' do you mean another (new) claim form?

Assuming so, you will need to defend this one - same as before - except adding that:

- Gladstones have failed to comply with the new pre-action protocol (debt claims) for this new claim number xxxxxxx because they failed to provide any of the required documentation and evidence and information, as set out in the new CPR for such claims after 1st October 2017.

- 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. As such, ask the court to use its case management powers 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.

- The Defendant was unaware that there are apparently three 'PCNs' because only one PCN and Notice to Keeper was ever served by UKCPM. All three charges should be included in one single claim and you ask the court to provide a suitable order to require Gladstones to re-file just one claim for all these identical charges, after providing you with all appropriate evidence now required for such debt claims.


Meanwhile I would email Gladstones, telling them that their correspondence, and that of their Client and the Debt Collector, has been so vague that you 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 nor any other 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 you understood were pure harassment and believed all related to the single PCN you had appealed.

Tell them that this second claim is the first you knew that UKCPM were alleging there was more than one PCN and that you have asked the court in your defence to use their case management powers to merge the claims, or have them heard together as one case, or strike one out as a duplicate of essentially the same matter.

Tell Gladstones they should have filed only one single claim for all three PCNs and that if they now throw a third claim form at you, this vexatious and wholly unreasonable conduct will be drawn to the attention of the Court and will be referenced in terms of your costs, when you prevail.

Show them the lease (again) where it shows you have a right to that parking space with no caveats or charges.

And finish by copying from another letter written on pretty much any other defence thread this week, where it talks about the new pre-action protocol for claims from 1st October 2017 and how Gladstones have FAILED. Search the forum for '1st October protocol Gladstones' (or similar) to find ones just written this week, to crib from!

As ever, show us what you come up with. It will take a bit of time to read & put together, but this fight is worth it.

raselmahbub

Thank you very much CM.

Did you ever get a Letter before Claim for the one dated 8/2? At all?

Not yet. But I am expecting one soon followed by a claim form!

When you say ''court letter'' do you mean another (new) claim form?

Yes.

Coupon-mad

OK start by reading up on the new pre-action protocol for debt claims, as set out in lots of threads already. Read other threads from this week, we've covered a lot of ground re emails to Gladstones and emails to the CCBC asking for an order.

raselmahbub

Am I going to email the CCBC as well?
I thought I just need to email GS and submit the AOS then Defense etc as I did for the first one.
And include all the points you mentioned in the Defense.

How do I ask CCBC for an order?

Coupon-mad

I would email the CCBC too asking for an order to strike out duplicate claims or order that the cases are heard together and treated as one case.

completelyfubar

I am in the exact same boat with a second claim (UKCPM/GS) just appearing (see my post history) so would love to have some input on constructing an email to the CCBC.