court claim received gladstone

Umkomaas

can i ask is it ever the case where the claimants would now not pursue the case baed of the strong defence? or can the judge read and struck it out? is this common? or shall i prepare witness statement and expect the questionnaire defiantly.

Any of those scenarios is possible, but unlikely, as UKCPM have become uber litigious of late. Hope for the best, prepare for the worst. You do what is required of you currently by the Court, don't just wait around.

The NEWBIES FAQ sticky, post #2 covers all court issues from LBC to the hearing. Use that as your 'go to' first for any questions you have. If you can't find the answer there, post your query here - on this thread only.

KeithP

jollyroger10 wrote: »

Thank you so much, that is much better suited. iv added it in and will be posting it tomorrow morning. day 28/33 so hopefully plenty of time.

Why are you planning to post your Defence?

When you are happy with the content, your Defence should be filed via email as described here:

1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

jollyroger10 wrote: »

Im sending with original form and was going to staple it all together. Also iv printed off site map with crosses for lack of signage. photos of no signage able to view from defendants property or from drivers seat. in addition i have photo of car parked with PCM permit thats parked in my bay, just to show confusion for all the residents.

Everything apart from your Defence narrative is evidence.
Evidence is filed at a later stage.

jollyroger10

Hi there!
so an update on the case, i sent of the DQ filed it out exactly as i saw on the newbies thread, however since i have received gladstones DQ sent back to me i see they have done the usual now and have requested that the case be dealt with on papers.

I have since noted that i was suppose to put the following on my own DQ:

"The Defendant opposes the Claimant!!!8217;s request for special directions, and requests that the case be listed for an oral hearing at the Defendant!!!8217;s home court, pursuant to CPR 26.2A(3)"

I am so angry with myself for missing this i did write my local court on mine and followed all the other advise that i wanted it to go to my home court. Will i get another opportunity to say no to there paper only request? iv noticed on there DQ it says in section D1

"PURSUANT TO PD27 (2.4) SEE REQUEST FOR SPECIAL DIRECTION AND N159. If the Defendant does not consent - Claimants home court."

I'm hoping this means i will still get asked if the paper request is ok with myself?

Thank you any advice is greatly appreciated.

System

The Defendant gets the home court automatically so its the usual try-on in the hope of catching the courts out. Gladstones like games such as the directors of Gladstones having a shareholding in the IPC (and vice versa)

You should get an oral hearing if you send back the N180 form (oral hearing) rather than the N159 form (paper hearing). In any event, there can only be a paper hearing if both parties agree.

nosferatu1001

If you do NOT get an oral hearing in YOUR court, you MUST ring the court and complain - to go against th individuals choice of court there shoudl be a hearing, even on papers, that you would then have a chance to object to.

jollyroger10

Ok great,
i received a notice of transfer of procedings that it is going to my local court so hopefully that means will be Oral, if i recieve notice of it being on papers and i shall complain and call them.
Thank you both very much

jollyroger10

Hi there,

An update and some advice needed, We have Court day now on 21st November 18 and claimant has paid fee. Aiming to send my witness Statement / evidence copies off in next couple of days.

I am still finishing the witness statement at present. Do I need to include original Defence within the statement or will Judge have it to hand on the day? At the moment I feel my statement is repeating the points made in my defence then adding please see attached exhibit A (for example) is this correct to be doing ?

I know it says to give your version of events, for me I feel that explaining the car must have been parked in the space as it is not clear from UKPCM which parts of the residential estate they manage? Also we cannot know who was driving that day as it was so long ago ? Insured for two people plus fully com so third party for other family members? Again all this is in the defence so is it me just repeating and referencing to attached evidence to prove points?

Will hopefully be able to post the witness statement draft today and any advice or anybody having a look over it would be really appreciated

Many thanks for all help so far and having a read

Coupon-mad

Do I need to include original Defence within the statement?

No.

At the moment I feel my statement is repeating the points made in my defence then adding please see attached exhibit A (for example) is this correct to be doing ?

Yes.

I know it says to give your version of events, for me I feel that explaining the car must have been parked in the space as it is not clear from UKPCM which parts of the residential estate they manage?

Also we cannot know who was driving that day as it was so long ago ? Insured for two people plus fully com so third party for other family members?

Again all this is in the defence so is it me just repeating and referencing to attached evidence to prove points?

Yes, all of the above should be in there.

jollyroger10

Thank you, will aim to post copy of witness statement later today to see if it seems ok ����

jollyroger10

please see below my draft witness statement, any advice on if i have written it correctly or if it will be adequate would be hugely appreciated:

Draft Witness Statement :


In the County Court at XXX
Claim No. XXX
Between
UK CAR PARK MANAGEMENT (Claimant)
and
XXXX (Defendant)

---

Witness Statement

---

Default Judgement

I am aware that the claim is for an unpaid Parking Charge Notice (PCN). I contend that I am not liable for the parking charge and the grounds for this are laid out below in further detail, and in summary are:

• I am a Resident of the XXXX Residential estate.
• UKPCM fail to provide signage or communication to tenants to inform tenants where the land they manage falls within the residential estate
• No contractual agreement with the driver


Summary of Events

1. I am XXXXXXXXX of address XXXX, as the Defendant in this matter. I will say as follows:

2. I am a current Tennant that lives within the residential estate of XXXX where parking charge took place. Please see evidence of tenancy as Exhibit A

4. The defendant’s tenancy agreement states nothing about consequences of parking contraventions in the development, and no additional terms are referred to, nor can third party terms be later added to vary the agreement. The unfettered right to park was clearly offered in the tenancy agreement by the Housing Association, not by this Claimant, who has nothing of value to 're-offer' that could constitute consideration. Section 3.44 of ‘Vehicles and Parking’ within the defendants tenancy agreement states "You may use designated parking spaces on our land when parking your vehicle." Please see Exhibit B

5.UKPCM fail to provide signage or communication to tenants to inform tenants where the land they manage falls within the residential estate. Please see Exhibit C.
A video named Exhibit D will be available to view on the day of the hearing as futher evidence of point 5.

6. The Housing association the defendant has a tenancy with have acknowledged the following:

a) There is a wider/larger estate and b) control is spread over more than one agent.

Please see Exhibit E.

7. To be able to manage multiple owners' rules (via a PPC) on a large estate requires both clear signs and clear demarcation. UKPCM have failed to convey their particular restrictions on their specific section of the wider estate. There is no signage visible whatsoever from the defendant’s property to inform where there specific section they manage begins. Please see Exhibit F.

8. It is admitted that at all material times the defendant is the registered keeper of the vehicle with vehicle registration mark XXXX which is the subject of these proceedings. The vehicle was insured with Direct Line with 2 named drivers permitted to use it. Members of our family who where insured full comprehensive also had use of the car and were insured third party. Please see Exhibit G.
Therefore numerous individuals could have been driving the car at the time it was parked and given a parking charge notice.


9. Under the Protection of Freedoms Act 2012, Schedule 4, a registered keeper can only be held liable for the sum on a properly-served Notice to Keeper (NTK). VCS do not use compliant NTKs, failed to serve one and cannot hold a registered keeper liable. Please see Exhibit H.

In the POPLA 2015 report Mr Greenslade analyses some of the intricacies around keeper liability, correctly pointing out that,

there is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver.

10. The Defendant relies upon ParkingEye Ltd v Barry Beavis (2015) UKSC 67 insofar as the Court were willing to consider the imposition of a penalty in the context of a site of commercial value and where the signage regarding the penalties imposed for any breach of parking terms were clear - both upon entry to the site and throughout.

The Defendant avers that the parking signage in this matter was, without prejudice to his/her primary defence above, inadequate.

Please see Exhibit I.

11. The POC contain no facts and are not clear and concise as required by CPR 16.4

(a). The Claimants are serial issuers of generic claims like this 'roboclaims given away in this case by typical, generic lack of detail. The Claimant cannot say if it is pursuing the Defendant as keeper or driver, and has not elaborated on the alleged 'breach of terms'. The Claimant claims an unsubstantiated £254.94 for ''Parking Charges/Damages'' despite the fact parking charges cannot be claimed as damages except by a landowner as a remedy for trespass, and cites ''indemnity costs if applicable'' whatever that is supposed to mean, bearing in mind the Claimant previously alleged this was about a single £100 charge.


12. The defendant avers that the residential site that is the subject of these proceedings is not a site where a commercial value has to be protected. The claimant has not suffered any loss or pecuniary disadvantage. The penalty charge is, accordingly, unconscionable in this context, with BPA distinguished.
No figure for additional charges was ‘agreed’ nor could it have formed part of an alleged “contract” because no indemnity costs were quantified on the signs.

13.The defendant also disputes the that the claimant has incurred £50.00 costs for legal representative fees for an alleged £100 debt.


14. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.
It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

I invite the Court to dismiss this 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.




Signature
XXXXX
Date 30/10/2018