UKCPM/Gladstones Claim Form Defence.. Comment please!

Castle

Is there a witness statement from the PPC's Operative in the evidence received from Gladstones?

noisyneighbour

@Castle: I received a WS from CPM, however it was written by "the employee of the Claimant Company". Upon googling her name and address, it seems to be an imaginary identity with a wrong postcode..!
Anyway, there is no statement from a CPM operative. Their WS seems to be very, very generic.

Coupon-mad

Do as Iamemanresu suggests...there is a reason for it.

noisyneighbour

Thank you IamEmanresu & Coupon-mad.

I've just wrote to UK CPM for a polite request for 'clarification'. Do I need to cc: it to Gladstones, too?

noisyneighbour

In the County Court at Guildford

Case No.: E3GF5T13
UK Car Park Management Ltd. -v- Mr P, before District Judge Trigg

Claimant represented by Mr Offord (solicitors’ agent)
Defendant attended in person

Hearing date & time: 10am, 21-Nov-18

[Order: Claim dismissed, Claimant to pay Defendant’s witness costs of £111.70 within 14 days.

---

First of all, BIG thanks you all for your support to date and wealth of knowledge and resource you pulled together in this forum. I wouldn't have been able to do it without you all.


Wednesday Morning at Hearing Room 1

Gladstone's last letter (accompanied with WS) stated that they would not send a representative for cost reasons, although it added they could opt to send one.

So I hoped nobody would turn up. However, an old gentleman who I bumped in the staircase was indeed an agent appointed by Gladstones (=Mr Offord). In the waiting room, Mr Offord introduced himself and tried to have discussion with me "in a quiet place". I politely told him to back off. His response was that the judge would have liked to see an 'effort' that both parties had discussion to resolve the issue prior to the hearing. I didn't take it. He went back to his seat.

There were several people already in the waiting room. Most of them were for parking related cases. (4 out of 5 cases at 10am slot)

After few minutes, we were called in. The DJ immediately said I filed a "very comprehensive defence" and asked me whether I filed my WS. She asked the question because she didn't have one on her desk. It turned out that my hand delivered WS folder has gone missing somewhere in the building!

I offered my own WS folder (with original papers), and she asked us to leave the room. I found this situation quite amusing, as I felt intimidated when I first entered the room only few minutes ago. (=my first time brush with UK legal system)

We were then called in again 5 minutes later. The DJ was very efficient and quick. She briefly complimented on my evidence pack and WS - Thanks to you all!. Then she immediately said "The Defendant said he did not park" Then she questioned whether the Claimant responded to my defence relying on the existence of the parking event (i.e. Jopson). Mr Offord frantically tried to search something out of Gladstone's generic WS. Of course, he could not find anything! He only managed utter few words about signages and T&Cs. The DJ said I was a leaseholder and should have seen those signs anyway.

The DJ then asked me whether I could find anything mentioned about Jopson case in the Claimant's WS. I said "No". Then the DJ immediately announced the case was dismissed! :beer:

She reiterated HHJ Harris's definition of 'parking', and added that leaseholders should be able to use the entrance area freely for loading/unloading things, especially sleeping infants in this case. I felt the DJ was smiling at me while saying those things.

She apologised me for not talking to me in any length, then added that despite of my comprehensive WS and large amount of evidences, it did not take her long to make a decision. It is because that she deals with large volume of parking cases and because she is very well aware of the common arguments/issues.

She allowed the witness cost (half day off, 26 miles and parking fee = total of £111.70). However she did not allow other costs. I certainly felt that she was prepared to award me additional costs if I put forward more convincing examples of unreasonable behaviour.

She thanked me and returned my WS folder, then joked few words about my current occupation. (I work in a railway industry)

After exiting the room, I shook a hand with Mr Offord. Surprisingly, he suggested that we have a chat in a side room. During our post-match conversation, he was frank about why CPM / Gladstones keep overloading small claims court with these fruitless cases in order to be "seen to be doing something".

I found this whole journey very stressful and draining exercise, but it was all worth it at the end. That winning feeling was priceless, especially when I saw so-called legal 'professionals' being humiliated in front of me (and a law student in the audience). In addition, this was a big personal learning experience of the legal system in flesh.

Again, I thank you for your perseverance, patience, knowledge and encouragement!

Coupon-mad

What can I say, three cases heard at Guildford and reported on MSE:

https://forums.moneysavingexpert.com/discussion/5746818/letter-before-claim-recieved&page=3

...and you were in the presence of bargepole!

https://forums.moneysavingexpert.com/discussion/5927351/court-report-guildford-another-ukcpm-claim-bites-the-dust

She reiterated HHJ Harris's definition of 'parking', and added that leaseholders should be able to use the entrance area freely for loading/unloading things, especially sleeping infants in this case. I felt the DJ was smiling at me while saying those things.

I found this whole journey very stressful and draining exercise, but it was all worth it at the end. That winning feeling was priceless, especially when I saw so-called legal 'professionals' being humiliated in front of me (and a law student in the audience). In addition, this was a big personal learning experience of the legal system in flesh.

Well done to you - another one bites the dust!

:T

nosferatu1001

Well done!

Umkomaas

Excellent report about an excellent outcome. Well done @noisyneighbour - now be a good neighbour and tell all your neighbours about this scam - and how to beat it. If there's communal noticeboards why not put up a copy of your great report above, and include a link to this forum so that UKCPM doesn't scam anyone else living there.

Great job well undertaken. :T

beamerguy

Well done noisyneighbour:T

Gladstones kept scamming you right to the end by saying
"they would not send a representative for cost reasons"

They were hoping you would not turn up either so they could get
a default .... ?

The judge clearly was sick of the parking scam and Gladstones

"During our post-match conversation, he was frank about why CPM / Gladstones keep overloading small claims court with these fruitless cases in order to be "seen to be doing something".

That I believe .... Gladstones/IPC are on a mission to prove to their scam members like CPM "How great they are"

I doubt they ever advised CPM that such a case was fruitless ??
I thought they had a responsibility to the court, they just hold the courts in contempt with their timewasting rubbish

As Umkomaas says, let all the residents know about this and make this a dead area for UKCPM

Mr Offord failed thanks to Gladstones but we thank him for being so honest about the Gladstones rubbish

noisyneighbour

Hello all, again!!

Despite of the court order, UKCPM hasn't sent me the cheque yet (for my cost). Deadline was 5-Dec - Should I wait few more days before chasing them up proper? Upon investigation, I'm looking to fill out N317a..