Help! Court claim for private parking ticket from uk car park managment

Coupon-mad

Your defence needs to say that the Defendant was not the person who parked the car, and other facts:

The defence needs to state that this is not a car park, it is a road adjacent to where the Defendant lives and the vehicle was only there very briefly, stopped for a handover from the garage to yourself, and parked by a person who knew nothing of any 'contract' on a dark evening. The Defendant was not the driver who parked the car. It was driven back from the garage as it had been broken down and was merely being delivered back and not parked for any length of time...

...you can then use Jopson v Home Guard where the Judge defined parking as opposed to a brief stop, such as for loading or delivery at a block of flats. I'm surprised you haven't just adapted Johnersh's ''own space'' defence instead of finding an old one. You can't use this, the UTCCRs Regs were repealed 2 years ago and were not considered 'important' by the Judges at the Supreme Court (God knows why not, I can't explain their decision that moved the penalties goalposts 'for Capita' without saying something I would regret):

and contrary to the Unfair Terms in Consumer Contracts Regulations 1999.

This bit below cannot be right - is it? Surely UKCPM are not suing on a pre-POFA PCN, they were clampers then and I've never seen them sue on a 2012 or earlier PCN. Stating the obvious but you will have to state your defence at a hearing in front of a Judge, so you MUST proof read your defence and understand it, and make sure everything makes sense (apologies if it is a pre-POFA PCN, but it seems unlikely to me).

From the limited information provided by the particulars of claim, it can be seen the date of the alleged incident is xxxxxx which predates the enactment of PoFA 2012.

lllc12

thanks for that, just to clarify where can I find Johnersh's ''own space'' defence?

Umkomaas

lllc12 wrote: »

thanks for that, just to clarify where can I find Johnersh's ''own space'' defence?

In the NEWBIES FAQ sticky, post #2. Look there for exactly this and you'll find the link under it.

Here is a defence for an 'own space' residential site, by Johnersh who is legally qualified

lllc12

Hi, so I have sent offer my defence and just received a letter from Gladstones stating there client wishing to proceed with the claim. They have attached a copy of UKCPM Direction questioner, they are electing not to mediate. They have also requested the case be dealt with on papers not its a hearing.

lllc12

should have received one of these from the court? and what should I do next?

beamerguy

lllc12 wrote: »

Hi, so I have sent offer my defence and just received a letter from Gladstones stating there client wishing to proceed with the claim. They have attached a copy of UKCPM Direction questioner, they are electing not to mediate. They have also requested the case be dealt with on papers not its a hearing.

Wishing this be heard on papers is the famous Gladstones wheeze

Normally means they do not want to go to court and they
are unsure if they will win

Say NO to papers, you want this heard face to face in front of a judge. Advise them of this and include your costs schedule

If they have your number or email address, they might offer
you a discount and then shortly after, they will discontinue

The book of Gladstones with few pages is WWW rated

Coupon-mad

lllc12 wrote: »

Hi, so I have sent offer my defence and just received a letter from Gladstones stating there client wishing to proceed with the claim. They have attached a copy of UKCPM Direction questioner, they are electing not to mediate. They have also requested the case be dealt with on papers not its a hearing.

Yes, we know, this happens in every Gladstones case; it's been done to death.

You know that too, I hope, because you'll have read other Gladstones threads and were expecting this and you know what to do, from those other Gladstones threads.

Not repeating it on every Gladstones thread. I think I am on strike...

lllc12

Hi guys, just to give you an update on this. I was given a court date of the 8th December but I have just received a letter to stay the claim has been struck out by default, does this mean it is over completely?

Lamilad

Hi guys, just to give you an update on this. I was given a court date of the 8th December but I have just received a letter to stay the claim has been struck out by default, does this mean it is over completely?

Sounds like it Ring the court tomorrow to ask why it was struck out.

MUI if the the claim is struck rather than dismissed they can re-start the claim from scratch if they want.... but I'd say that's highly unlikely.

Coupon-mad

lllc12 wrote: »

Hi guys, just to give you an update on this. I was given a court date of the 8th December but I have just received a letter to stay the claim has been struck out by default, does this mean it is over completely?

Yay, another win!

Check with the court, and keep all your paperwork in case it gets reinstated somehow.