CPMS LTD County Court Claim form received

Nielken

Sorry to be a pest! Is there any advice on this as I need to get a response done

Lamilad

Am I okay to just fill in all the information, ie, are there any pitfalls I should watch out for or be aware of?

This is all covered under post #2 of the NEWBIES thread. It tells you how to complete the DQ.

2) Is there anything I can do to make the whole process easier at this point?

As above.

It states that I need to "serve copies on all parties" does this mean I need to post a copy of this form to the claimant and if so can I redact any of my contact details as I don't want them to have my phone number / email address etc?

You must send a copy to the claimant. You don't have to state your mobile no anyway but I would leave your email visible. Use a 'throw away' email address if you prefer.

It talks about Mediation, I presume this is not an option as I don't want to mediate I want them to go away? So how to answer the question of do I agree to this being referred to the small claims mediation service?

The mediator will try to convince you to pay up so I always advise "no" to meditation.

If you want to make them an offer to 'settle' then you can try meditation but it's unlikely you pay much less than if you went to court and lost. If you try meditation you can still refuse to pay whatever they're asking and proceed to a hearing which will be unaffected by the mediation.

Do I want to settle this without going to a court hearing?

Only you can answer that. IMHO you have a very winnable case, esp as they have not complied with PoFA. The vast majority of defendants assisted by this forum WIN in court.

If you fight and lose you'll probably pay no more than if you settle now.

If you win you pay nothing and claim your costs of c.£100 from the claimant

nosferatu1001

Even if you lose, so do they

A contested hearing will cost them at least £300 to £500 in costs - advocate, legal costs - of which ~£200 are recoverable (PCN charge, filing fee, hearing fee, solicitors fee for preparing the claim form)

Nielken

Excellent thanks, and apologies I should have thought to look back at the sticky, still learning!

Thanks again to everybody for all their help

Nielken

Okay so...... It's been a while, however, I posted my defence and have been following the process.

The court sent me an allocation to court - which is on the 30th, IE Thursday at 10AM, It also said that had CPMS not submitted their defence in time the case would be thrown out.

They have however submitted a defence! (Wasn't convinced they would do this) And now Ifind myself in a position where I am going to court in a few days. First time for everything I guess

They have sent photographs of the signage as well as pictures of my vehicle parked in the wrong space, together with pictures of the normal resident parked in their space.

Can anybody offer any advice as to what to do in court, how to handle it etc.

I do have pictures of the signage (Poor visibility) in addition to a video showing what you see when you drive in to the parking.

You are also required to enter a pin code to get into the grounds.

Any advice would be welcomed greatly - I am fairly nervous about the whole thing.

Thanks again for any help received so far.

Niel

nosferatu1001

I assume you mean they’ve submitted a b7ndle to support their claim? Or did you counter claim?

Read the court reports here. Nothing to be nervous about - everyone has said it’s better than they expecte. I’m concerned however as to whether you filed and served 1) a witness statement and 2) referenced exhibits ie those photos of yours with the court and claimant?
Please say yes!

System

If you can put their bundle into a dropbox or similar, there will be plenty of people to help you pick it apart. Key parts will be their letter of authority, the pic of the signs they say are there and pics of the car in "breach" of the terms.

Nielken

Sorry guys I didn't get a notification of your replies so thought nobody had replied

I've looked through their bundle and their evidence is very weak, it doesn't actually prove that my car was in any space, or that the right car is in the same space another time.

Wish me luck!

Also no I didn't submit my pictures etc but have them plus a video on a tablet to show if allowed.

Fingers crossed, I'll update everyone later on as to how it went

System

Wish me luck!

No need as it is Manchester

http://www.bmpa.eu/court.html

nosferatu1001

Did you even send in a witness statement? What did you do when you read the hearing leter which said when you had to exchange doucments by?

If they do show up, and have any nouse, they will likely object to you showing anything in court at all.