County court claim

harrrymischa

Hi All,

Im in receipt of a court claim form from UK car park managment. I last recieved a letter on 16/01/17 stating i was unable to appeal as i was out of time, foolishly i forgot about sending a response to this letter and now i have recieved the claim form 17 months later. I had previously responded at the point of the first PCN stating I was not ignoring the claim and could they give me some answers, which they did respond and then I asked about the appeals process and they said I was out of time.

The reason I recieved this PCN was because the car park was a limited time and I overstayed by 33 mins.. at the point of parking there I did not see signage about the limited stay time.

The land is on a pub that I visited that actually states if you leave your registration with them then you can park as long as you wish.

Am I too late to write to the pub/trading standards/MP about this???

I’m not as smart as you guys on here and I’m really trying to think of a good defence claim but all I’ve read don’t relate enough to me.. if you can give me a thread to read that would be great. I feel like giving up and just paying the charges!

Can give more info if needed... I have all my correspondence

PLEASE HELP

The_Deep

You are certainly not too late to write to your MP but watch this video first. I do not think that this is a matter for Trading standards, but contact the pub, and if they are not receptive, write bad stuff on their Facebook/TripAdvisor pages.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Redx

and READ POST #2 of the newbies faq sticky thread, especially any recent GLADRAGS court claims


whilst you can still write to the pub and your MP about this, you MUST follow the advice in that thread and do the AOS and prepare your legal defence

Coupon-mad

Why not search the forum for posts (NOT the default 'search THREADS) for:

UKCPM claim

I just did, and there are 249 posts - not threads, don't even go there - about a UKCPM claim for you to read:

Showing results 1 to 25 of 249
Search took 0.24 seconds.

beamerguy

UK car park management is a known scammer

They belong to the IPC which is a mega scam set
up by the infamous Gladstones solicitors

Gullible landlords of pubs who take on this shower
will no doubt find their takings go down and will
end up in the stats of pub closures ...... does the landlord
know this ???? ... people do not put up with scam pubs.

When you purchased in the pub, were you then told
that you must ensure to enter your reg number ?

Strongly suggest you have a word in the shell like
ear of the publican, buy him a pint and ask him/her
to get this cancelled ..... before there are no pints
for him to sell.

Number of pubs and bars going bust soars by 53%
http://www.dailymail.co.uk/wires/pa/article-3688071/Number-pubs-bars-going-bust-soars-53.html

harrrymischa

does the landlord
know this ????

I!!!8217;m not sure as I haven!!!8217;t spoken to them directly! I!!!8217;ve sent them an email regarding the notice so awaiting a response.. not sure if there is anything at this stage the pub can do?!

Coupon-mad

You need to switch off your Smart Punctuation, or all your posts are being ruined and hard to read due to the forum !!!8217; glitch, and through no fault of yours, people may not read on.

harrrymischa

coupon-mad I'm not sure how to turn that off?? I think it may be because I was using my phone!...


Update: I have emailed the pub and this is their response -

"Thank you for your email.

Unfortunately, once CPM has passed their case on to a debt collector or the courts, we cannot help you.

I'm sorry I cannot help you any further, however there is appropriate signage outside in the car park and inside the bar and restaurant area."

I have read through all the newbies posts but still have some queries if anyone can clear them up?


- Am I able to submit an N9 form for more time to submit my defence as I'm concerned the issue date of the claim form is 11/06 and I only received it yesterday 14/06 I'm going to try and complete my acknowledgment today (pending my work commitments) so does that mean I only have until 8th July to submit my defence?
- Shall I admit driving at the time so in my defence I am able to explain that I was in the pub so actually allowed to over stay by 30 mins because I was using the facilities not just parking? (the time limit if not using facilities is 1hour) up to this point I have not disclosed I was driver just registered keeper.
- shall I note in my defence that at the time of leaving the car park as shown in the first PCN it was dark and none of the signage is lit?


Thanks

Coupon-mad

- Am I able to submit an N9 form for more time to submit my defence

I think you need to read the second post of the NEWBIES thread which explains AOS in pictures (no paper form, please).

as I'm concerned the issue date of the claim form is 11/06 and I only received it yesterday 14/06 I'm going to try and complete my acknowledgment today (pending my work commitments) so does that mean I only have until 8th July to submit my defence?

Why not leave doing the AOS online until Monday, so it appears you didn't receive it till after the weekend. You are allowed 28 days plus a few days for service.

You can do a defence in a day or two, loads of people here do, you really do need to do the search I told you to do because you could be halfway to a defence by now!

- Shall I admit driving at the time so in my defence I am able to explain that I was in the pub so actually allowed to over stay by 30 mins because I was using the facilities not just parking? (the time limit if not using facilities is 1hour) up to this point I have not disclosed I was driver just registered keeper.

Yes I would defend as driver, in your case. Makes for a more straightforward and honest appeal, and anyway UKCPM usually invoke the POFA to hold a keeper liable, so being the keeper isn't as helpful as it would be against a non-POFA company.

- shall I note in my defence that at the time of leaving the car park as shown in the first PCN it was dark and none of the signage is lit?

Not 'at the time of leaving' no. How does that help, it doesn't unless the signs were illegible on arrival.

harrrymischa

Thanks,


I've read the second post of newbies (there is a lot of information to try and take in!) and will be following the guide to submit my AOS. I'll do it Monday thanks for the advice.


I have some defence case templates already from the newbies thread I will work with and adjust so will submit to you before sending to make sure its ok. I just want to get all my options/facts straight before collating the defence. and ok I'll leave the fact that is was night time out of this situation.. was worth a shot.


I'm going to the site tonight to look at the signage (see if its changed) because at the point I parked there in 2016 it was by no means to standard of the BPA code of practice. (could I use pictures in my defence?)


also, could I write to the CCTV of the pub and ask for footage of myself at the time of the incident to prove I was a customer at the time of the charge?


sorry to bombard you!!!


Thanks

Coupon-mad

(could I use pictures in my defence?)

Yes but not with the defence. Evidence & photos go later, with your Witness Statement a few weeks before the hearing. So you have plenty of time to gather evidence.

also, could I write to the CCTV of the pub and ask for footage of myself at the time of the incident to prove I was a customer at the time of the charge?

Yes under GDPR, but better not to write, I would pop in (don't get another ticket!) and:

1 - complain and see if the pub will simply cancel it for you

and

2 - ask to look at the CCTV from that afternoon/evening, and if they refuse, remind them that under GDPR you are legally entitled to all data held about you, so unless they've wiped the record, you are allowed access to the CCTv with you in it.