UKCPM - GLADSTONES Claim Form

System

The flat is rented from a housing association (ex-council), but we are old tenants from the council (tenancy agreement is under mums name) - we pre-date the car park ever existing so therefore had rights to park prior to any private operators.

As Coupon points out there is no mechanism for them to impose a change especially since you were there prior. The Pace v Noor case is applicable here.

Be aware though that in the Noor case, there was a specific rejection of the new terms imposed. All contracts are dynamic in that they can be changed by [implied] agreement so if you signed for a permit or failed to complain about the imposition of these new terms, you could be deemed to have accepted an obligation. However it is a weak point for the Claimant but expect them to push it. You have to push back and say your long standing arrangement with TH has primacy.

Coupon-mad

The flat is rented from a housing association (ex-council), but we are old tenants from the council (tenancy agreement is under mums name) - we pre-date the car park ever existing so therefore had rights to park prior to any private operators.

Over 20 years? Look up 'easement by prescription' such as in this case:

https://www.dailymail.co.uk/news/article-6172095/Neighbours-ten-year-war-30-inch-parking-space-ends-warring-parties-paying-bills.html

You have rights that cannot be overridden without your express agreement and variation.

As IamEmanresu says, it's not a good idea to accept a permit scheme. It was imposed on you as if it was innocuous, not doubt telling you it was for your 'benefit' but it causes you a private nuisance and attempts to remove your rights without openness or consensus, should have opted out.

You should NOW opt out. This is NOT for your benefit, it's a scam.

(tenancy agreement is under mums name)

How does it describe any parking rights or parking space? Under what headings? What else does it say about your/her rights, and any rights of third parties to contract with you/her like this (clue - it's not allowed I'm sure - no rights of third parties).

Please quote that original tenancy agreement phrases about parking, rights, easements, covenants to do with the premises and/or in a schedule about the parking and outside area?

Is the parking an actual space now, but was previously an unmarked area? Is the space actually allocated to the flat and if it is, what paperwork arrived about that?

The_Deep

As Gladstones failed to provide the information required, a fact that they are fully aware is contrary to their Code of Conduct, a complaint to their regulatory body is, imo, apposite. Ask the SRA if they condone such practices.

http://www.sra.org.uk/home/home.page

madkads

Coupon-mad wrote: »

Over 20 years? Look up 'easement by prescription' such as in this case:

https://www.dailymail.co.uk/news/article-6172095/Neighbours-ten-year-war-30-inch-parking-space-ends-warring-parties-paying-bills.html

You have rights that cannot be overridden without your express agreement and variation.

As IamEmanresu says, it's not a good idea to accept a permit scheme. It was imposed on you as if it was innocuous, not doubt telling you it was for your 'benefit' but it causes you a private nuisance and attempts to remove your rights without openness or consensus, should have opted out.

You should NOW opt out. This is NOT for your benefit, it's a scam.

How does it describe any parking rights or parking space? Under what headings? What else does it say about your/her rights, and any rights of third parties to contract with you/her like this (clue - it's not allowed I'm sure - no rights of third parties).

Please quote that original tenancy agreement phrases about parking, rights, easements, covenants to do with the premises and/or in a schedule about the parking and outside area?

Is the parking an actual space now, but was previously an unmarked area? Is the space actually allocated to the flat and if it is, what paperwork arrived about that?

Hi All,
I have now received a letter from the court saying it has been transferred to my local court to schedule.

The 'car park' was always there - but had no signs before nor did it have bays, and was unrestricted, i.e no permits and no marked bays until CPP and then UKCPM came onboard.
The entrance of the car park still has no signs, the bays are separated by white lines, but the entrance to the bays have no lines, just different coloured bricks. (I will post pics)
The parking area, has bays which are not linked to any individual, it is a first come first serve. Hence why I have never applied for a permit as I can never get a bay free due to working unsociable hours and I don't believe I need one to park there since I have been a resident since 2001
I think I have a strong case due to never accepting any changes from the housing association or from UKCPM, as well as lack of signs, and lack of Gladstones particulars.
I am hoping that a win in this case will pave the way for all other invoices from UKCPM/DRM/Gladstones (I have quite a few to put right)

madkads

Hi all.
apologies for not keeping updated
I have received the the court date for 4th feb 2019.
it states I need to send the witness statement 14 days before so probably need to do it now as I am out of the country as of tomorrow.
How is the witness statement any different from my previous 'preliminary defence'?
Any help in structuring this is appreciated.

thanks

Le_Kirk

A witness statement is written in the First Person and is your story of what happened on the day, linking it to your defence and any evidence that you wish the judge to consider. There are examples of witness statement linked in the NEWBIE sticky post # 2. OR just use the search facility to find some.

madkads

I have found an example of one written by @loadsofchill - it is quite lengthy. so trying to amend that for my own. ultimately, I will be using the arguments 1) I have lived there before UKCPM
2) the signage does not state contracts, and is titled parking conditions therefore is not pofa compliant (small, no legally binding contract etc) - and UKCPM is mentioned as 'managed by' not a owner or contract of the land.
3) no signage on entrance
4) not followed pofa for ntk - as the car has 2 people insured to drive it, as it was so long ago we dont know who was.
5) no proof of landowner provided

my question is: the example I am following is very legal in terms of structure, is it ok to structure one more simply? or any examples of residents spaces statements?

Also - can I email the witness statement or do they need to be posted?

KeithP

madkads wrote: »

Also - can I email the witness statement or do they need to be posted?

It's your local court isn't it?

Usually on here the suggestion is that you should hand deliver your Witness Statement and evidence to the court.

Emailing it is frowned upon because you lose all control upon what is placed in front of the judge. They may fail to print all of it for example.

You want to file a neatly presented, in a ring binder or folder, indexed and paginated document that is easy to read.

Email the copy to the Claimant if you wish.

madkads

the problem is I am on holiday from tomorrow, and the 14 days will be over and I have left it late due to new baby. so now have to draft it by today and print off by tomorrow and post it or hand post it.
is the 14 days working days or calendar days?

KeithP

14 days is 14 days. They are not qualified.

You have known since August that a Witness Statement and evidence would be needed.