UK CPM taking me to court - public highway illegal ticket

Marktheshark

You must defend the case as said, or you will get a CCJ.

However, you say the council has written to them and they are still demanding monies ?
This takes this in to a first for any parking firm and now crosses the line in to a serious organised fraud offence
I would call your police and ask for a member of the police organised crime and fraud investigation unit to call you so you can make a complaint of a serious and organised fraud.

To continue and action after the council has written to them crosses in to "complicity to perpetrate" under the fraud act of 2006 section 2 and removes that option of a slap on the wrist.
The punishment for an offender who willingly and purposely continues to commit such fraud increases the offence to Section 10 of the Act increases the maximum penalty for offences contrary to Section 458 of the Companies Act 1985 which is a crown court only offence for all directors of the said company with a minimum prison sentence of 2 years and maximum of 10 years.

Make the right calls here and they are doing time.

[Deleted User]

Make the right calls here and they are doing time.

:rotfl: I fear that all guidelines from the sentencing council may have been overlooked. Let's not get carried away....

As others have said, this needs to be taken rather more seriously; it requires a robust defence (but robust does not mean pages long - the point is a simple one). If your personal information has been accessed where there was no lawful basis to do so (because the land is not privately owned) it could give rise to a counter claim against the parking company for misuse of your personal data, but you have to properly plead it and commit to it and specify what damages are reasonable in the circumstances.

It may be worth writing to the parking co to request that they withdraw the claim, providing a copy of the relevant correspondence, making clear that you will call the council as a witness. For those that have asked previously if this matter is as clear as described, this would appear to be an opportune matter in which to seek costs for unreasonable conduct (pursuit of a claim clearly without merit). I would make that point too, explaining that you will seek strike out if they do not discontinue (see below).

If the usual directions order is made, I would apply to strike out the case and to seek the costs of the application on the papers (without a hearing) as the correspondence should be sufficient to speak for itself. There is a £100 fee for that, but if the Court wants a hearing (as would be usual the fee rises to £255 total. You get that back if successful.

Finally, you may as well complain to the DVLA about the data misuse. It may just result in more robust vetting procedures before requests are made or data released - not a bad thing at all.

Geoff1963

I think the OP should gather evidence from anyone who has already lost money ; at the moment they are only facing an unjustified claim. When the OP wins, the other residents can claim what they have actually lost.

Coupon-mad

You will like this, it makes GREAT reading!

https://forums.moneysavingexpert.com/discussion/5563690

Also look at hairray's thread that you can find from his member name/click on his name here on MSE. A must-read.

Also, is your estate this one, or very similar?

http://forums.pepipoo.com/index.php?showtopic=113814&st=60&gopid=1303917&#entry1303917

We have Ben1191 and OwlGirl on there, both defending and counter-claiming - I wrote their counter-claim (I post as SRM on that forum) so you can have a copy if you ask them by pm on pepipoo (I don't take pm's).