UKCPM - All appeals must be done by postal?

Coupon-mad

Prepare a bullet point crib sheet and that will help you focus. The Judge will want to hear what happened/the parking story and about the signs, as well as the technical arguments you listed.

iWindmill

Thanks, I've just received an email from Gladstones this morning - I've sent a supplementary WST to them and to court.

Dear Defendant,
Request for Rectification of Data (Address)
We write further to your witness statement received on 23rd July 2020, when you provided a different address to the address we hold on file.
We require sufficient documentation to enable us to verify your identity. Please provide proof of residence (utility bill/bank statement) of the address you wish for us to hold.
These documents can be emailed to; DataProtectionOfficer@gladstonessolicitors.co.uk
Please note we do not retain identification documents.
Under the General Data Protection Regulation we are obliged to respond to your request within one month of receiving it but please note that the one month compliance will not start until we receive proof of your identity.
Please note that we may close your request if we do not receive the above mentioned documentation from you within 10 working days of the date of this letter.
Please do not hesitate to contact us if you need any further assistance. This matter is being dealt with by Leanne Hayward under the supervision of the firm’s Data Protection Officer, who will be pleased to assist.

I have sent them an email informing them of my address change, and I have completed a direct questionnaire which shows my updated address. I don't know why they've suddenly decided to do this now. Do I have to send them my identity to verify who I am?

nosferatu1001

Yes. Redacted utility bill. 

iWindmill

Hey everyone,

I wanted to give you an update - the hearing was on 20th August which I attended. The other party did not turn up.
So the judge considered both witness statement and asked me only one question - "Are you sure you haven't received the claimant's witness statement at all?" to which I replied "Yes". The claim was dismissed and ordered the claimant to pay me the cost of £186 (2 days annual leave, first one was in March which the hearing cancelled due to COVID) within 14 days of the hearing. The judge also asked me if I wanted a copy of the transcript which he was intending on sending to the claimant. I said yes.

Great news, I thought. However, the court has sent a letter with decision on 17th September and I've received it last Friday 18th. I assume the claimant has not received the letter until Friday 18th as well. The letter said that the deadline was 3rd September, and yet the date of letter is 17th September. I did call them up for clarification and they said they were short staffed due to COVID, and that the deadline to pay me still stands as 3rd September.

Now at this point I was thinking "Should I have contacted Gladstones? Was it my responsibility to inform them?" - then I thought no, they didn't turn up; it's their fault. If they wanted to know the results they should've contacted the court themselves? In the end I simply sent an email to Gladstones with my bank details for them to transfer money, and I also said they have until end of Friday 26th September to respond to my email otherwise I will look into legal action. Giving them the benefit of doubt because of the delay in receiving the letter and COVID.

Did I do the right thing? 

What should I do if they don't respond? What's the process if they don't pay me?

Edit: I have not yet received the transcript, I wanted to get it first before giving you a summary of what he has said. He did say quite a lot but he has mentioned Jack Chapman's facsimile signature, which I thought people on here could benefit.

Castle

iWindmill said:

Did I do the right thing? 

What should I do if they don't respond? What's the process if they don't pay me?

Yes; and you'll need to issue a "Warrant of control" against UKCPM if Gladstones/UKCPM don't pay.
https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control

(You may want to email a copy of your Gladstones's email to UKCPM tomorrow to remind them).

iWindmill

Thanks Castle.
Now it is a matter of time before @Coupon-mad pops up here with her famous "Another one bites the dust"

Edit: Sorry @Coupon-mad!

Coupon-mad

His?! 

I'm a laydee!

WOOHOO, ANOTHER UKCPM ONE BITES THE DUST! 

Well done and you did the right thing to email Gs to pay your costs.  Chase the court for a copy of the transcript of the Judge's decision if he meant an actual transcript of his reasons.  That's unusual to get but would be useful if it exists.

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

Fruitcake

Well done! I wonder if the judge meant a copy of the judgment, but I thought that was normal procedure anyway. 

Please do show us whatever you get from the court, and please do add your comments on the two draft proposal websites, as well as telling your MP what has happened.

If you need to contact the scammers or scamlicitors again, remember to point out how a CCJ will affect their ability to obtain credit in the next six years. 
If they say they need more time because the court letter was late, go straight for the warrant of control. 

Hamman27

Did you manage to get a judgement from the court? Any evidence in regard to the Jack Chapman signature would be extremely helpful. 

Coupon-mad

I feel you need to stop concentrating in his signature, it is not a defence point, just an aside (as is pointing out that he has changed the statement of truth to read 'the Claimant believes' instead of confirming it himself).  These things are secondary. 

Some Judges will take no notice and electronic signatures are allowed.