Gladstone Claim Form with a twist

coynek

Ive just found this, could this be grounds for a counterclaim as they have entered a contract by continuing, I must have had some form of letter from them as I acknowledged it in this letter but their online picture must have not had a pcn issued on the windscreen.
I have a bank statement that shows a cheque for £97 was paid in 10 days after this letter was created on my laptop 5 months after the Judges order.
could this work for me or against me

FORMAL DEMAND DO NOT IGNORE THIS NOTICE


Dear CPM,

on 2nd december you were ordered by Maidstone County Court to pay me

the sum of £97 by 16th December 2015 (Claim Number ...................)

Obviously you have ignored this order by the court so I am formally giving you ten days to make payment by the 22nd April 2016 to pay me by cheque or I will proceed with the money owed being collected by a Bailiff from your head office.

I will also be informing the court of any non payment as per their request.

I also demand that you stop any “apparently” outstanding fines to me as this harassment is unlawful and directly contradicts the terms of my tenancy. I have the right to park my vehicle in bay H64 without constant harassment, false fines and demands for money.

I will make this clear my vehicle is a white Astravan Reg .......... parked in H64 ............... I do not give you the right to take images or issue fines, stop this harassment immediately, failure to comply specifically, by sending demands for payment of false tickets to my address you will be contractually agreeing to pay me £100 in damages per letter (with the exception of the £97 you owe)

Ticket PCN 971022 is non existent as you can quite clearly see from your own image so I demand you quash this ticket immediately.

I will not make any more correspondence or waste any more of my time regarding this issue as you are more than aware of my bay, H64 and my vehicle reg, ...........



Yours Faithfully

System

Don't bother with the paperwork as it will show you are perfectly aware of the signs and terms there - having dealt with a claim before. The counterclaim can wait until you win this case as it will be evidence of interference with a lease if proven.

You do the normal stuff including asking the DVLA the number of times your VRM has been accessed as it will give an idea of how many other claims UKPCM could issue.

Stick to the basics - unless you are legally qualified and know your way around court / property law. Though if you did, you wouldn't be asking these questions.

nosferatu1001

Yeah, you had nothing to offer them. Those "writing to me will cost you £100" "contracts" are no such thing.

Coupon-mad

You could mention in your defence that:

1. The Defendant previously successfully defended a similar claim in 2015 from the same claimant about the same location, and thus, the court is invited to exercise its discretion to strike this new claim out to save wasting the court's time and incurring costs on all sides when the matters under consideration have already been decided in claim xxxxxxx (res judicata applies).

1.1. Five months later, when prompting the Claimant to finally pay the Defendant's £97 costs as ordered, the Defendant also stated in their written communication - which will be adduced in evidence - that the Claimant must cease with any outstanding fines, since such harassment is unlawful and directly contradicts the terms of the tenancy. The Claimant is already aware that the Defendant/his visitors have the right to park a vehicle in bay H64 without suffering harassment and private nuisance in the form of the Claimant's predatory charges, which interfere with residents' peaceful enjoyment.

Here's a defence template that should help:

https://forums.moneysavingexpert.com/discussion/comment/74708527#Comment_74708527

...obviously needs adjusting and editing to suit your own location/details.

coynek

Thanks guys, I have received back from the SAR from DVLA and CPM, 19 vrm requests only 2 post previous case.
Both no ticket issued on windscreen due to the following not displayed in my vehicle
For the Attention of all UKCPM Operatives:
This bay (H64) is private property, and is allocated to the tenant under the terms of a tenancy agreement.
As such, any implied right of access to the bay, or to any vehicle within it, is hereby revoked.
If you place any ticket, notice, or any other item on this vehicle, you will be committing a tort of trespass, and in doing so you contractually agree to pay the tenant damages in the sum of £100 for each and every contravention. Invoices will be sent to the head office of UKCPM, which you agree will be paid within 14 days, failing which additional recovery costs may be incurred.

So I have their NTK which says a pcn was issued to my vehicle but no tickets issued other then the formal demands.

Thanks for that template that will be a great assistance.

and once again thanks for your time guys

Coupon-mad

Both no ticket issued on windscreen due to the following not displayed in my vehicle
For the Attention of all UKCPM Operatives:

I assume you mean 'note'?

I'd add that taking a photo of the car/VRN and storing/using that data to issue a postal PCN instead, is also expressly forbidden, with no 'reasonable cause' excuse, & constitutes a breach of the GDPR, the KADOE rules & the Protection from Harassment Act.

coynek

sorry yes note, I no longer have it displayed I begrudgingly rang up there chargeable number and ordered a permit late 2016.

Do you mean add this to my defence,
Think its worth reporting to the ICO & DVLA anything I can do to make their life difficult I will.

Coupon-mad

Do you mean add this to my defence

No I meant add it to the note but as you are not longer relying on it, no worries.

Did you have that note on the car on the material dates of this claim?

Have you got 19 outstanding PCNs all at different stages (apart from the one already won in court?). Have they included them ALL in this claim, if not then cite res judicata.

coynek

yes the note was on the car on the date of cpm, I have images of closeups of it, timed and dated from my SAR request from them
as well as an image on the postal pcn clearly showing the same note in the window.

All tickets up to this current claim (March 2016) have been dealt with either by popla appeal or the previous case.
My SAR uncovered another postal PCN for October 2016 (displaying the note) of which I don't think they have done anything other than possibly post me said CPN although I don't recall it.

Coupon-mad

OK, show us your draft defence based on the advice given, and the examples in the NEWBIES thread post #2, and search bargepole defence to read a concise example of how to set it out.