How to approach a change of address with a company

MRHCYORK

1505grandad wrote: »

Just checking:-

para 10 - in post #3 - thought that this clarified that UKCPM are IPC - therefore no POPLA

I received an appeals rejection letter from UKCPM. On it they mentioned I could appeal to the IPC, but they had the BPA logo on the appeals form, and also when looking on the BPA site for list of members, they're on there. I doubt it'll do much but felt it worth mentioning!

Thanks

Le_Kirk

Your draft order in post # 8 shows that costs to be reserved and what happens if the claimant doesn't pay the fee or discontinues. Presumably, if/when you win, you will be awarded the "reserved" costs. Others (of a more lawyerly background) may advise.

nosferatu1001

There are TWO types of membership you can have, and only *one* gives POPLA
If they have the ROUND BPA logo, then you get POPLA. Not otherwise

9. The Claimant, or their legal representatives, has added an additional sum of £60 to the original £100 parking charge, for which no explanation or justification has been provided. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which is £100 in this instance. It is submitted that this is an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded.

Irrelevant as you give the identity of the drivre away
POFA ceases to apply, as that only helps a *keeper*, not a known driver

11) I would entitle this landHOLDER authority
You are the landHOLDEr and you certainly did not authorise them
Yo uput them to prof that they met the IPC CoP which requires landHOLDER authority, and point out that at the point in time in question, that was you...

steve1500

MRHCYORK wrote: »

Hi Steve,

Thanks for your response. The reason I'm hesitant is that I contacted the Debt Recovery Plus Ltd (who I had successfully contacted before to change my address previously). I didn't hear from them for two weeks when on Oct 8th they responded to say they were no longer handling the case. Conveniently it was Oct 2nd that the PPC sent the claim to my old address. I then chased for weeks to get Gladstone to change my address and they didn't actually respond until January to tell me they'd done so, this is months after I'd been served (completely unaware) the CCJ.

If there is an opportunity to claim compensation, is there any information I can read as to how to go about this?

Thanks

Compo is pretty straightforward under DPA

To claim, they have to have breached one of the Principles, in this case the forth:-

Information should be accurate & up to date. Odds on if you have beached any principle between 2 & 6 you will have breached the first & it sounds like they have

To prove that they breached the forth you will need evidence that you informed them of the new address and their actions caused you distress. Clearly getting a CCJ using incorrect info caused both damage & distress.

You would seek compo for both

Ideally this should be a copy of the letter you sent with the certificate of postage. An email will do, but it is not as good as a certificate of postage.

The big thing will be how much correspondence did they send to your old address after being told about the address change.

A SAR will get you the answer to that question.

As to the amount of compo you want, is up to you £500 - £750 ! Do a search re British Airways & DPA compo, should give you a feel. Send them a letter explaining how much you want & why - Do a copy & paste from the Act as per Boris.

When they ignore, do an LBA, when they ignore that, MCOL

Umkomaas

You would seek compo for both

https://www.parkingcowboys.co.uk/data-protection-act/

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

EDIT TO ADD

And a bit of reading about how a former senior investigating officer of the ICO put together a letter to the PPC laying out in a complaint some of the issues you might want to consider.

http://parking-prankster.blogspot.com/2015/10/parkingeye-subject-to-data-protection.html

MRHCYORK

Hi all, so made some adjustments as recommended by other users which I'm so grateful for. Is the below now more or less ready to send (have to send tomorrow morning) or does it still need more added to it?

Thanks

IN THE COUNTY COURT BUSINESS CENTRE

Claim No. XXX

BETWEEN:!

UK CAR PARK MANAGEMENT Claimant!

-- and --!

XXX Defendant
_____________________________________

DEFENCE
_____________________________________

Background

1. It is admitted that on DATE the Defendant's vehicle was parked in ADDRESS.

Authority to Park and Primacy of Contract

2. The Particulars refer to the material location as ADDRESS. The Defendant held residency here between DATE and DATE, and held legal title under the terms of a lease, to Flat No. XX at that location. At time of moving into the premises, there was no parking permit scheme in place by the claimant.

3. The car parking area contains allocated parking spaces demised to residents. Entry to the car park is by means of a key fob, of a type only issued to residents. Any vehicles parked therein are, therefore, de facto authorised to be there.

4. There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same.

5. The Defendant, at all material times, parked in accordance with the terms granted by the lease. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

6. The Defendant's vehicle clearly was 'authorised' as per the lease and the Defendant relies on primacy of contract and avers that the Claimant's conduct in aggressive ticketing is in fact a matter of tortious interference, being a private nuisance to residents.

7. In this case the Claimant has taken over the location and runs a business as if the site were a public car park, offering terms with £100 penalty on the same basis to residents, as is on offer to the general public and trespassers. However, residents are granted a right to park/rights of way and to peaceful enjoyment, and parking terms under a new and onerous 'permit/licence' cannot be re-offered as a contract by a third party. This interferes with the terms of leases and tenancy agreements, none of which is this parking firm a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with (the Claimant is put to strict proof). This causes a substantial and unreasonable interference with the Defendant's land/property, or his/her use or enjoyment of that land/property.

8. The Claimant may rely on the case of ParkingEye v Beavis [2015] UKSC 67 as a binding precedent on the lower court. However, that only assists the Claimant if the facts of the case are the same, or broadly the same. In Beavis, it was common ground between the parties that the terms of a contract had been breached, whereas it is the Defendant's position that no such breach occurred in this case, because there was no valid contract, and also because the 'legitimate interest' in enforcing parking rules for retailers and shoppers in Beavis does not apply to these circumstances. Therefore, this case can be distinguished from Beavis on the facts and circumstances.

8.1. The Claimant may produce and rely upon a previous appeal letter supplied by the Defendant after receiving the private parking charge. The Defendant produced that letter in haste before they fully appreciated their legal right to occupy the car parking space without having to produce a permit to do so. The demands sent by the Claimant made the Defendant feel culpable, however, after researching the area they feel that the Claimant only proceeded to infringe on their rights and created a private nuisance to the Defendant’s peaceful enjoyment of the property that had existed before they erected signs and implemented an incorrect permit scheme. Therefore, the Defendant would like the appeals letter disregarded and denies any wrongdoing.

9. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award the Defendant such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14. Given that the claim is based on an alleged contractual parking charge of £100 - already significantly inflated and mostly representing profit, as was found in Beavis - but the amount claimed on the claim form is inexplicably £160.00, the Defendant avers that this inflation of the considered amount is a gross abuse of process.

LANDHOLDER AUTHORTIY

10. The Claimant is put to strict proof that is had the authority of the Landholder to operate in the car park. It is the Claimant’s assertion that they had sufficient rights to occupy the parking area at the location and in turn the correct legal framework to supersede the Defendant’s tenancy agreement (a tenancy agreement that was signed prior to the Claimant’s company placing up signage and attempting to enforce parking conditions) and which the Defendant strongly refutes. Because of this, the Defendant respectfully requests that the Claimant provide them with all paperwork they believe entitles them to be on the premises including their authority to operate.

SCHEDULE OF COSTS

11. The Defendant would also like it noted that they intend to file a costs schedule of at least £350 relating to £255 in applications fees to obtain a Set Aside hearing as well as two court hearing attendances.

12. Given that it appears that this Claimant's conduct provides for no cause of action, and this is intentional and contumelious, the Claimant's claim must fail and the court is invited to strike it out.

I believe that the facts stated in this Defence are true.

Coupon-mad

I received an appeals rejection letter from UKCPM. On it they mentioned I could appeal to the IPC, but they had the BPA logo on the appeals form, and also when looking on the BPA site for list of members, they're on there.

Not they are not. One of the first Q&A in the NEWBIES thread says:

Q - ''My PCN is from UKCPM, or UKCPS, or Millennium (etc.) and it/the signs say they are both BPA & IPC members?''

A - NO, THEY ARE NOT, AND PLEASE NO MORE THREADS ASKING THIS!
https://forums.moneysavingexpert.com/discussion/5784929

Your defence is good. I'd search the forum for Landlord & Tenant Act consensus and add the usual words about that.

MRHCYORK

Thanks all for the help so far, Defence sent so I'll come back when they respond!

Cheers

MRHCYORK

Hi all,

I'm back again as my actual court date is coming up and sending in my evidence, etc. So any help would be great, I've done a witness statement and just have a couple of further questions.

Witness Statement:

IN THE COUNTY COURT XXXX

Claim No. XXXX

BETWEEN: 

XXXX Claimant 


-- and -- 

XXXX Defendant


_____________________________________


WITNESS STATEMENT

______________________________________

 

1.   I am [NAME], of [ADDRESS], the Defendant in this matter. I will say as follows:

 

2.   On [DATE], I was parked in vehicle, registration XXX, in my own personal parking space, number XX, at [ADDRESS].

 

3.   This was my right pursuant to my tenancy agreement with the landlord of the flat. There is no mention of requiring a parking permit to use the space, as expected due to the fact that the tenancy agreement was completed before the Claimant erected signs and began charging residence for using their own spaces. I have included the tenancy agreement as exhibit A.

 

4.   I have since received numerous threatening letters from the claimant causing great distress to myself and my partner, whilst receiving very little in terms of evidence from them.

 

5.  It is my position that I had unfettered access to the parking space pursuant to my tenancy agreement, and that the Claimant has provided no evidence that they had obtained the necessary legal documents to overrule my rights to peaceful enjoyment of the space.

 

6.  I invite the court to dismiss the claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

 Statement of Truth:

 I believe that the facts stated in this Witness Statement are true.

 Signed:

 Date:

EVIDENCE:

I plan to include:

Exhibit A - Tenancy Agreement

Exhibit B - PACE vs MR N [2016]

Exhibit C - S37 of Landlord and Tenancy act 1987

QUESTIONS:

1. Is the witness statement okay?

2. Is what I've included for evidence okay, it seems relatively small but really I don't have much to provide!

3. Am I right in thinking I'm only to send the witness statement and attributed Exhibits for now and that I take the skeleton defence with me on the day?

Thanks again everyone, finally feel like I'm close to the end of this drama either way!!

Le_Kirk

1) Yes, if it covers everything that happened on the day and subsequently (which only you know).
2) Yes.  Did they try to add spurious costs of £60?  If so, you might want to add the abuse of process.  Search for it if required.
3) Send witness statement, evidence and cost schedule.  You don't need a skeleton defence, just take your defence as already filed for your own use.  The court and the claimant should have it.  If you are referring to a skeleton argument, that is only needed for complicated cases.
Do not rely on post or e-mail for getting this to the court, it is always recommend to hand it in contained in a ring binder  and indexed so the judge can find your evidence easily.  Courts don't like printing out your e-mails.  Post to the Claimant First Class with a FREE certificate of posting or e-mail if they permit it.