CPM Court Claim Notice

NRS1973

Hi all

I'm looking for some advice as in the best way to proceed with this. My father is the keeper of a vehicle which received a parking ticket (CPM) whilst the car was parked in a private car parking space (block of flats) for a flat that is owned by me. The car parking space formed part of the purchase of the flat. The letters are from Gladstones.
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As per a lot of the advice on various forums, I advised him (probably not so sensibly in hindsight) to ignore all correspondence. After a couple of debt recovery letters, he received a court letter last Weds, and he flew away on his holiday this weekend, so is now out of the country till the early part of 2018. As per the advice, I got him to complete and acknowledge the court letter, to buy some time to sort a defence. He did this online and opted to submit a defence in due course.

In the expert opinions, what impact will it have with him not being present. Can I represent him if it gets to court? Also, I am happy to put together a defence based on the various threads on here, which I will do so in the next day or so. I am enclosing links to the paperwork received. I understand that the PoC (in this case) are rather vague, which should help in getting the claim (hopefully) thrown out.

The site will not let me attach links or images of the paperwork received.

I would be very grateful for any advice as to how to proceed.

Thanks in advance.

Redx

you can use tinypic to host pics and post a dead URL in your reply , changing http to hxxp

he MUST attend court if you/he wishes for a court hearing

gladrags will send papers for it to be done on papers, dont be fooled by this

this is likely to be in 2018 however, it wont get a court date allocated for some time , if the PPC pays the court filing fee

you can do the donkey work behind the scenes if you wish , just setup an email address using gmail specifically for this task, that you and he can access by knowing the email address and password

read post #2 of the NEWBIES sticky thread, and read other recent GLADRAGS court claim threads, to get an idea on the issues etc, especially "own space" issues and the vague POC issues too

you can go to court with him, and be a lay rep (or mckenzie friend or whatever its called)

there have been a few this year where a relative has attended court with the defendant and taken the relevant documentation that allows them to speak for the defendant, if he so wishes)

on a side note, you should be having a pop at the M.A. and also ask yourself why you are allowing CPM to ticket on your "lkand" in that space

read the threads by hairray and daniel san to get the gist

Umkomaas

As per a lot of the advice on various forums, I advised him (probably not so sensibly in hindsight) to ignore all correspondence.

Not in almost the last 5 years has that advice been given!

He did this online and opted to submit a defence in due course.

If the AoS was sent during the first 14 days after service, there is effectively 33 days to submit the defence from the Date of Issue on the N1 court papers.

In the expert opinions, what impact will it have with him not being present.

If you mean from the country presently until his return? Very little provided he has someone opening his post, keeping him updated via email and him responding to each and every stage. You can obviously do this on a proxy basis, but always in his name.

If you mean not being present at the court hearing - a likely loss and a cost order against him.

Can I represent him if it gets to court?

You can do as his ‘Lay Representative’, seek the judge’s agreement as the first thing you do at the hearing. You need to carry the appropriate reference papers to prove the right to do this, as some judges can be stubborn (or misinformed). But your father must be present. You can’t do it without him being there.

Do a Google search on ‘Lay Representative’ and ‘McKenzie Friend’ so you understand the differences between the two different forms of ‘representation’ that are possible.

I understand that the PoC (in this case) are rather vague, which should help in getting the claim (hopefully) thrown out.

You must use the new Pre-action Protocol to demand full PoC - considerably more than the meagre offering so far. Have they said that more PoC will follow in 14 days? If that’s the case you need do no more with submitting a defence until received.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

The site will not let me attach links or images of the paperwork received.

Host on a free hosting site - tinypic, imgur, or Dropbox, copy the URL, paste it here, but create a dead link (newbies can’t post live ones until they have a certain number of posts under their belt) by changing http to hxxp, and a regular will convert.

Finally, please read the NEWBIES FAQ sticky, post #2 which provides the very best expert guidance available, taking the case right through from LBA to the court hearing.

HTH

safarmuk

You should be tackling this from two angles:

1) Forming your defence as mentioned above by checking your lease and looking at other "own space" defences
2) Putting pressure on the Management Agent and Freeholder to get this stopped in its tracks and cancelled.

For #1 you need to take a good look at your lease and find out what it says about parking and what is demised in the lease. If you can come back to us with those answers it would be good.

For #2 you need to speak first to your Management Agent (the people you pay service charge to), you can start nicely by asking them to get this cancelled and court proceedings stopped as the scheme is hardly here to impact residents. If you get fobbed off then once we have the information from your lease you can go in harder and more forcefully like "Hairray" for example did (search for his username and you will find his thread). The threads of "Stuart Hamilton", "DanielSan" and "Acidmonkey" are also other good examples.

Another avenue is to escalate above the Management Agents head and complain to the Freeholder (this will be the people you pay ground rent to). This is quite effective because the Freeholder employs the Management Agent.

If you can tell us the location (postcode will do) we can look on Google Street Maps at the signage etc. and also we may be able to find out a bit more about the freeholder for you.

There are many, many cases on here like yours where Management Agents have brought in PPCs to try and "manage" parking. Ultimately it ends up with residents getting tickets for heinous crimes like parking in their own space when their paper permit has slipped out of view. Management Agents who contract these PPCs need to start realising that they are responsible for the actions of the PPC (and I mean legally responsible) and if they don't protect residents from these companies they are liable to come unstuck soon enough.

If this does reach court you can appear for your father as a Lay Representative meaning you do all the talking but your father (the Defendant) MUST also attend to answer questions (e.g. you cannot Lay Rep unless the Defendant you are Lay Repping for is also present). Lots of people do that for relatives and friends, quite common.

NRS1973

Thanks for a prompt response. I'll take a look at the points you mentioned and will post the links to the documents first thing. Thanks again.

NRS1973

Hi all

The postcode in question is HA8 5FN. It's a new block of flats on Zodiac Close, Edgware.

Here are the links to the documentation.

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hxxp://i67.tinypic.com/2qbvma8.jpg
hxxp://i68.tinypic.com/14sjpyo.jpg

I am also in the process of contacting both the Managing Agent of the site along with the Freeholder. The MA has informed me that CPM's contract has been revoked and they will not be in charge of monitoring parking as of 6/11/17. I suspect that's why they've decided to take court action.

With regards to the defence, is it acceptable to copy previous defences from this forum?

I will take a picture of the sign and attach it later today.

Thanks in advance.

KeithP

NRS1973 wrote: »

With regards to the defence, is it acceptable to copy previous defences from this forum?

Yes of course.

Though do please make sure that every point you include in your defence is relevant to your case.

claxtome

Here are the links to the documentation.

http://i63.tinypic.com/1o5bft.jpg
http://i67.tinypic.com/2qbvma8.jpg
http://i68.tinypic.com/14sjpyo.jpg

safarmuk

The MA has informed me that CPM's contract has been revoked and they will not be in charge of monitoring parking as of 6/11/17.

Did you ask why the MA had terminated their contract? This could be important information in your defence especially if it is because they are not following the instructions of the MA.
It also seems this MA has seen sense, I would advise they do not replace them with an equally bad or worse company.

I suspect that's why they've decided to take court action.

Probably not, you are more likely in the inevitable automated workflow that was going to end up like this.

I am also in the process of contacting both the Managing Agent of the site along with the Freeholder.

A letter in writing from the MA and the Freeholder stating that you should not have been ticketed and that they do not support this court case will help immensely.

If you don't mind me asking who are the newly "enlightened" MA at this site?

NRS1973

Without sounding naive, how would I go about this? Also, there was only the Court letter, no mention of any further PoC. Only what is mentioned on the claim form.

You must use the new Pre-action Protocol to demand full PoC - considerably more than the meagre offering so far. Have they said that more PoC will follow in 14 days? If that’s the case you need do no more with submitting a defence until received.

Thanks again.

NRS1973

The MA are Ringley (based in London). My site manager said it's because they've been causing a lot of stress to residents, especially with regards to answering calls or letters, along with not regularly patrolling and basically 'doing as they please'.

No word yet as to who the new company will be.