Claim form from Northampton County Court Business Centre received

Againstallfrauds

So finally today I received a Claim form from Northampton County Course Business Centre

Link to images: hXXps://imgur.com/a/2iqp3pu

Date of alleged offence: May 2017
Type of offence: not parked in allocated park bay within private property (block of flats with gated parking of which I own my individual space allocated to my flat)

Chronology of events:

1) Received letter from Dept Recovery Plus Ltd: Aug 2017- Demand for payment-ignored
They claimed that I previously received a PCN to which I did not respond (never received).

2) Received letter from Dept Recovery Plus Ltd: Sept 2017- Notice of intended court action (14 days later)- ignored

3) Received letter from Gladstones Solicitors: Nov 2017- ignored

4) Received letter from Gladstones Solicitors- Letter before claim: June 2018- ignored

5) Received claim form today from Northampton County Course Business Centre (16/08/2018)

Questions:

1) What is the best advice on how to proceed, please? Is there a link or thread to read.
2) Can I get a CCJ or is this business centre a fraud (it has a legit link on gov.uk but is described as an administrative centre

I am not including a link to relevant images I uploaded on Imgur as I am a new user and the forum does not allow that (but is available for you to review)

KeithP

That Claim Form is genuine.
You must remove the Claim Number from that image. It uniquely identifies you and this thread to the PPC. Even more important, your MCOL password is in full view. :eek:
In fact you may as well remove that link as we have seen many many claim forms before.

You then need to read the second post on the NEWBIES FAQ sticky thread for comprehensive guidance on how to deal with this.

You'll find the next thing to do is the Acknowledgement of Service to buy you an extra fourteen days to prepare your Defence.

With a Claim Issue date of 15 August you have until Monday 3rd September 2018 to complete the AoS but there is nothing to be gained by delaying. Equally, there is no great rush.

Umkomaas

Parking company is UKCPM.

Againstallfrauds

Ok in continuation of this. I filed the AoS and now gathering evidence. I would appreciate your help with this.

Just some peculiarities about my case.

New set of uploaded pictures to review relevant to points below: hxxps://imgur.com/a/0bbPIzY

I did not park in my allocated car park space as this was occupied at the time of my arrival. I, therefore, parked in another empty space (see pictures from Imgur). I cannot remember which of the two spaces seen I parked at.

One important thing is they could not have used CCTV footage to record the cars parked (mine in the not designated space and the other car that occupied my space). I have checked with management since someone broke into my car at a later point and I was enquiring about CCTV footage. There is non-available even though there are cameras on site.

Even though they may have actually taken a picture of my car in the non-designated area I doubt their employee could have photographed the other car parked in my space as he was not aware of that fact.

I also doubt the malicious neighbour could have photographed both mine and the other intruding car.

Next morning I found a handwritten note on my dashboard by a nice neighbour (I assume) saying something alongside the lines: "Reported. You will soon receive a parking ticket".

Unfortunately, I did not keep that handwritten note.

I never received by mail a notice to keeper so I could challenge with POPLA (I have done this successfully in the past in other events).

The next letter I received from DRP 3 months later claiming that they wrote to me but received no response.

I think the DVLA may have had a wrong address so perhaps they did write or their letter may have been even lost or never sent. I doubt this holds on court.

Firstly I checked their signs and comply with size and location. However, during night time they are not illuminated and as seen poorly lit.

Furthermore, the sign is the contested space is not illuminated adequately.

The rest of the chronology of events is detailed above.

My new questions are below:

1) Should I have called CPM at that stage when I saw my parking space occupied (pictures included).

As you can see in the second set of pictures the signs are not illuminated enough. Is this against BPA’s code of conduct?

2) BPA code of conduct mentions: "When you apply to the DVLA you must confirm you are a member of the BPA and the AOS (quoting your BPA membership number). You also have to confirm that you will keep to the Code, the Data Protection Act and any other legislation that applies. Under the Data Protection Act you will have to register as a data controller with the Information Commissioner."

DRP Ltd who issued the demand for payment on bahalf of CPM is a member of BPA but not IPC as claimed in their letter (Link to images: hXXps://imgur.com/a/2iqp3pu).

3) BPA continues: "If you provide a service to a customer that allows the customer to issue parking charge notices themselves (‘selfticketing services’) and you process the tickets, then you are responsible for making sure the customer keeps to the Code. You must provide your customer with an up-to-date copy of the Code and get their signed confirmation that they have read the Code and agree to keep to it. 15.3 You must tell promptly if you intend to provide self-ticketing services. If we or our agent ask you, you must show us the evidence that the customer has agreed to keep to the Code"

I never received a ticket so unsure whether this is to my defence?

4) BPA continues: “19.10 If an Operator seeks to use extracts from the ‘ParkingEye v Beavis’ judgement laid down by the Supreme Court, the judgement must be referenced and that extracts from it must be properly quoted. Best practice would be adding the website link to the summary of the judgement, when making reference to it.”

Neither the DRP or Gladstones letters make reference to it. DRP makes a sort of a reference (see pictures) but not detailing the case as per code of conduct suggestion.

5) BPA 20.11 “If you want to make use of the Keeper Liability provisions in Schedule 4 of POFA 2012 and you have not issued and delivered a parking charge notice to the driver in the car park where the parking event took place, your Notice to Keeper must meet the strict requirements and timetable set out in the Schedule (in particular paragraph 9).”

Is that relevant to me or not? I cannot prove I did not receive it and they cannot prove they did not send it as the law does not require recorded delivery.

Many thanks in advance of any illumination.

System

I did not park in my allocated car park space

Slam dunk win for them then subject to the usual caveats.

* do they have the authority of the car park owner
* were the signs clear
* did you or they identify the driver
* is their paperwork correct
* are their signs correct.

Before you continue, it may pay you to get the facts of above rather than have people speculate.

And forget the "didn't receive the paperwork nonsense". The simple arithmetic is that Royal Mail is 90%+ accurate and the courts only require 51% .

Redx

as this is UKCPM, why are you referencing the BPA CoP instead of the IPC CoP ?

nothing to do with the BPA so POPLA was never an option

as you have done the AOS, you should be drafting your DEFENCE based on other recent UKCPM or GLADRAGS defences

the time for EVIDENCE is with the WS a few weeks before the court date , and certainly not in the immediate future

and as mentioned in the last post, you need answers for those questions posed


and ensure that your V5C and driving license have your up to date current address , otherwise you could get 2 fines of up to £1000 (one for each issue)

Againstallfrauds

IamEmanresu wrote: »

Slam dunk win for them then subject to the usual caveats.

Thank you for your prompt response.

* do they have the authority of the car park owner
I attached a flyer attached in the bulletin board of my building (seen in pictures on Imgur). It is not dated and does not mention the parking company concerned. Furthermore, CPM talks about displaying parking permits and I never received one as a tenant. But then, I never received a parking notice about that for 18 months. So there is a discrepancy there. My tenancy agreement does not mention anything about it.

* were the signs clear

Not in night time, at least that is what I would say (pictures attached again for your review)
* did you or they identify the driver
No but if I understand POFA 2012 correctly they do not have to (but then again English is not my primary language so...)

* is their paperwork correct
I mentioned above that to me the paperwork is not correct. But I am biased.

* are their signs correct.
They are of the right size. I measured them. They appear in the entrance and various other places, two in front of the alleged parking space and mine.

Before you continue, it may pay you to get the facts of above rather than have people speculate.

And forget the "didn't receive the paperwork nonsense". The simple arithmetic is that Royal Mail is 90%+ accurate and the courts only require 51% .

Thank you.

System

I never received one as a tenant.

Has the evidential value of zero. You were not in your space and any permit can't override the legal owner (of the other space's) rights. You were probably reported by him/her using UKCPM's "shop a neighbour" scheme.

Find out who's space it was and ask them if they've given UKCPM authority.

Againstallfrauds

The space belonged to no resident (seen in attached pictures).

Againstallfrauds

So IamEmanresu are you suggesting I should pay now and save myself the heartache and time?

You mentioned slam dunk so....in basketball terms I cannot stop the 2 points !

Redx

the space belonged to "somebody", and its unlikely that this "somebody" gave you permission to park in it whilst your space was occupied

chances are you should have parked off-site and then dealt with the issue of somebody in "your space" - the fact that you didnt wont help your case in front of a judge , nor will parking in a space that you dont have specific permission to park in

imagine what would happen if everyone parked in sombody elses space because one rogue parker occupied one of the spaces, then everyone shopped everyone else so they all got tickets

you cannot defend the undefendable , which parking in a spot not allocated to you is

its your defence that needs working on, like legal loopholes that stop the PPC in their tracks , so your defence should be looking for their errors

and as I said earlier, the evidence stage is weeks or months away, nothing to do with the defence as such

if you have done the AOS , then as defendant you should be talking about NO LANDOWNER CONTRACT , POOR AND INADEQUATE SIGNAGE , any POFA2012 errors (if the driver wasnt named) etc - see other recent defences on here for the legal wordings


you are looking to get "off" on a technicality , or some wording in the lease etc that allows you to park in other bays or visitor bays or whatever (because all that land for parking will be private land, so controlled by the PPC on behalf of the MA)