UK CPM / Glad overstay Claim Form

LewiiiD

Just added my Witness Statement to the dropbox.

https://www.dropbox.com/sh/7gh8wy331nkat1e/AADEeJso4SC71HwqPd4B9wiBa?dl=0

Coupon-mad

She has actually moved out of the residential estate now having become so fed up with the situation there. Unfortunately she has had more issues than I have with them and currently has 6 CCJ's from them.

Wow that's dynamite. Please ask her to state all this in support of you, in a signed WS that tells the Judge that the place is so ruined by the PPC that she left for that reason, because they are out of control, have wrecked her credit with more than one claim, all separately filed to cause maximum distress and the worst impact on her credit rating (instead of one claim for charges that all dealt with essentially the same issue) and are just the sort of pariah exposed in Parliament this month:

https://www.theyworkforyou.com/debates/?id=2018-02-02a.1149.0&p=11026

These are some of the comments made by the MPs concerning the unregulated parking industry, that no court should be supporting:

''Cowboy companies, signage deliberately confusing to ensure a PCN is issued, bloodsuckers, absolute disgrace, rogue operators, unfair charges and notices, wilfully misleading, signage is a deliberate act to deceive or mislead, unreasonable, designed to trap innocent drivers, a curse, harassing, operating in a disgusting way, appeals service is no guarantee of a fair hearing, loathed, outrageous scam, dodgy practice, outrageous abuse, unscrupulous practices, and ''We need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with it, and I wholeheartedly support the Bill.''

I would include the Parliamentary debate in your evidence, to support your WS stance that this is an 'out of control' PPC picking on residents and authorised visitors in their own homes, exactly the sort of rogue, predatory practice exposed by every MP in the House, speech after speech exposing the national pariah of PPCs, agreeing that the industry is an 'absolute disgrace to this Country', with none in dissent.

LewiiiD

CM - ill get her to write something tonight. Will she need to provide evidence through Exhibits like my main WS?? Or will it be purely a fact stating exercise where she mentions her situation and how it has affected her Credit rating etc??

Ill mention about this Parliamentary debate and update my WS accordingly. Would I need to attach quotations as Exhibits?

Atm my exhibits are mostly screenshots on a word document - does it need to be numbered and properly headed like the WS? Gladstones evidence is merely attached to back of their Ws...

Reading the Newbies thread again you mention a few things to make sure are submitted with the WS like POFA Schedule 4 etc....but im not whether I have grounds to mention that?

Coupon-mad

Ill mention about this Parliamentary debate and update my WS accordingly. Would I need to attach quotations as Exhibits?

I would attach the entire debate printed out, with the relevant bits highlighted.

Atm my exhibits are mostly screenshots on a word document - does it need to be numbered and properly headed like the WS? Gladstones evidence is merely attached to back of their Ws...

Make it as clear as you can for the Judge. As long as your screenshots are clear what they are, and can't be criticised by the other side for being 'out of context' or 'no proof where this is taken from' and are numbered to match the WS then it's fine.

If I were you I would separate each screenshot onto a numbered page of its own.

Reading the Newbies thread again you mention a few things to make sure are submitted with the WS like POFA Schedule 4 etc....but im not whether I have grounds to mention that?

If you are defending as keeper, yes. Not if you are defending as driver.

LewiiiD

I would attach the entire debate printed out, with the relevant bits highlighted.

Okay ill do this

If you are defending as keeper, yes. Not if you are defending as driver.

I was defending as keeper in my original defense but havent't mentioned much in the WS? Does this matter?


Taken your advice on board. Most of the screenshots are indeed on separate pages and will be number accordingly.

LewiiiD

CM - I have updated the dropbox file with my evidence document. Can you have a quick look and let me know what you think? I'll remove after.

Also were you able to look through UK CPM WS and evidence? Anything untoward?

KeithP

In your witness statement:

Para 19. there is no explanation of 'IPC'. You need to write it in full the first time.



I really don't think it is a good idea to have all your evidence on display - even for a few hours.
It only takes two minutes for someone to note your name from that and they realise exactly who is the defendant and that everything in this thread can then be used against you.

My advice would be to remove that file immediately.

LewiiiD

n your witness statement:

Para 19. there is no explanation of 'IPC'. You need to write it in full the first time.

All sorted. Thanks Keith

Castle

LewiiiD wrote: »

CM - I have updated the dropbox file with my evidence document. Can you have a quick look and let me know what you think? I'll remove after.

Also were you able to look through UK CPM WS and evidence? Anything untoward?

1)The only contract included is between the Managing agent and UKCPM; so there is no evidence of landowner consent.

2)The NTK claims that the parking period ended at 14.24; so technically that is not compliant with POFA; also, the date of posting and name of the creditor is missing.

3) Despite the fact the Witness claims that the signs have been audited by the IPC, they still refer to the BPA, even though UKCPM joined the IPC in 2015. (Strangely there's no date stamp on the sign photo). The 0845 number was banned in 2014.

LewiiiD

I really don't think it is a good idea to have all your evidence on display - even for a few hours.
It only takes two minutes for someone to note your name from that and they realise exactly who is the defendant and that everything in this thread can then be used against you.

Ive removed the document and fully support your argument. Just wanted to see what people made of it and whether it was suitable....

1)The only contract included is between the Managing agent and UKCPM; so there is no evidence of landowner consent.

I saw that argument in another thread. Thought it might be the case.
Would I use Section B.1.1 of the IPC Code of Practice for this?

1.1 If you operate parking management activities on land which is not owned by you,
you must supply us with written authority from the land owner sufficient to establish
you as the “Creditor” within the meaning of the Protection of Freedoms Act 2012
(where applicable) and in any event to establish you as a person who is able to
recover parking charges. There is no prescribed form for such agreement and it need
not necessarily be as part of a contract but it must include the express ability for an
operator to recover parking charges on the landowner's behalf or provide sufficient
right to occupy the land in question so that charges can be recovered by the operator
directly. This applies whether or not you intend to use the keeper liability provisions.

2)The NTK claims that the parking period ended at 14.24; so technically that is not compliant with POFA; also, the date of posting and name of the creditor is missing.

So mentioned POFA Schedule 4 here?

3) Despite the fact the Witness claims that the signs have been audited by the IPC, they still refer to the BPA, even though UKCPM joined the IPC in 2015. (Strangely there's no date stamp on the sign photo). The 0845 number was banned in 2014.

Interesting point. Quite clearly there has been no audit here then!!!