County court Letter And help with defense

elsmore95

I am looking for help firstly i have read the newbie forum and accepted the county court letter. My reasons for this forum is to explain my situation and seek advice on a defense.
The situation is behind my house is a car park that nobody parks in. I parked there from months without any problems until my neighbour couple of doors up decided she wants all the spaces for her partner as he has 3 vehicles. So she put a sign up from CPM I originally thought was fake she then started to take photos of my car i thought nothing of it until I received a parking fine through the post. I then did some research and found that you can download a CPM take pictures and ticket people! So i keep receiving fine after fine and ignore them all from Gladstone solicitors and DPM. Because its not her land it technically belongs to three houses on the street behind mine as their is an old sign half broken which you can see says belongs to them houses however they don't bother parking there. Fast forward a year after many letters i finally get a county court letter which i then read the newbie forum and acknowledge it. The frustrating thing is i feel my case is very unique and i cant seem to find a defense draft online that would help me. Even more annoying is that its not her i will be seeing in court it will be some private parking company trying to take over £800 from me this situation has put a massive stress on me and would appreciate if anyone can help with a defense that will be strong enough. Thank you in advance to anyone who takes the time to read and reply.

KeithP

Your case is very far from being unique.
It is the same as every other parking on private land case.

You need to start reading post #2 of the NEWBIES FAQ sticky thread which has comprehensive details on how to prepare a Defence (note spelling).

What is the Date of Issue on your Claim Form?

elsmore95

Thanks for the reply the issue date is: 11 JUN 2018 and you say its not unique however i have looked through every draft listed on the newbies FAQ and can't see anything about the CPM app where neighbors have taken photos from a phone and sent them to the CPM app claiming that they own the land when they don't.

Redx

that is because you are being too pedantic , too specific


look at UKCPM GLADSTONES court claims and read those defences


then draft your own and post it on here, after doing the AOS online


look for ones with issues like you describe , such as no landowner authority, POFA2012 failures , signage issues , not the same as BEAVIS etc

elsmore95

Makes sense will have a look and post my draft up when it!!!8217;s finished for opinions thank you for the reply.

System

Because its not her land it technically belongs to three houses on the street behind mine

Get that confirmed either through the Land Registry or through the council. If it is true, you sue UKCPM and your neighbour for the misuse of your personal details.

UKCPM do not bother to check the land ownership but instead require their clients to indemnify them. If what you are saying is true, then this is a low level fraud which you can turn to your advantage.

elsmore95

That would be good evidence will start digging to find out what!!!8217;s frustrating is the CPM sign says you need a permit to park their and the neighbour who parks all 3 of their cars there not one of the vehicles has a permit on display! I Truly believe she just put the sign there as a deterrent so others won!!!8217;t park. When I download the CPM app out of curiosity part of the terms and conditions was that you agree you are the land owner and as I said before the old sign that has be smashed up you can just about make out it belongs to numbers 1,3 and 5 of the houses the street behind from my property.

Redx

pay the Land Registry to find out who owns that land


assuming its not this person then there cannot be a landowner contract and both you and CPM are being duped by this neighbour


if this person does not own or lease the land and the parking contract is proved to be null and void , then any parking contract (pcn) is also null and void

Coupon-mad

Fast forward a year after many letters i finally get a county court letter which i then read the newbie forum and acknowledge it.

Good. Yours is slightly different than some because she doesn't own the land. But there have been half a dozen UKCPM claim threads this week so read them and others ahead of your stage, and adapt their defences.

Show us your draft, based on the format of the defences you read when you search.

elsmore95

Thought i would give a quick update on what i have done. Just purchased the land register plans which are as follows: Number 1 has no information, Number 3 only owns his house no parking and Number 5 has a blue parking space highlighted. So i went on to purchase the Title register to find out more and it says this about the highlighted light blue space on the plans:
C: Charges Register
This register contains any charges and other matters
that affect the land.
1 By a Conveyance of the land tinted blue on the filed plan and other
land dated 5 April 1946 made between (1) (Vendor)
and (2) The Mayor Aldermen and Burgesses of the Borough of Hyde the
land tinted blue on the filed plan was conveyed subject as follows:-
subject to the covenants conditions exceptions and reservations
contained in the said Conveyance of the Eleventh day of June One
thousand nine hundred and thirty seven the Third day of May One
thousand nine hundred and thirty eight the Fourth day of Oct

Please can can someone confirm what this means? Thank you in advance

elsmore95

Just to add to that i have also purchase the neighbors title plans who is currently parking all three of her cars there and claiming she owns the land putting up CPM signs and the title plans shows she owns none of the parking spaces.
So out of all 3 spaces is seems that only number 5 who live on the street behind mine owns 1 out of the 3 spaces available according to the land register just want to confirm with everyone that is the case with my previous post before i start a defense.