Claim Form Received from County Court Business Centre- for private parking charge notice

KeithP

1. No. Hand deliver to the court. Email a copy to the Claimant.

2. Optional. Post #2 of the NEWBIES thread may help you decide.

3. Without reading back through your thread, I don't know. Surely your documentation from the court answers that?

4. You send the WS and evidence to the court by the date notified. See 3. above.

5. No. You will have your Claim Form original if anyone asks for ID.

6. I don't know. I suspect you will need to provide your own viewing equipment, e.g. a laptop, but check with the court beforehand.

Le_Kirk

no cause for action

Should be

no cause of action

over a years ago

Either

over a year ago

OR include a number

over 2 years ago

The letters repeatedly state threatening the use of language such as

Better as: -

The letters repeatedly use threatening language such as

Not sure that your point 36 has any place in a WS as it could be seen to be a bit of a rant but others may advise differently.

dejam

Hi Guys,
@KeithP thank you for answering the questions.
@Le_Kirk thank you for the feedback so far, I have amended those points. I will leave point 36 for now unless advised otherwise.
Any more feedback from anyone else will be greatly appreciated. I am not sure how to show you the evidence to you guys. is there a set of instructions anywhere?
thank you

Redx

dejam wrote: »

I am not sure how to you the evidence to you guys. is there a set of instructions anywhere?

gobbledegook !!!

dejam

Hi Guys, I took the feedback from you and feedback from Pepipoo forum and updated the WS:

In the County Court at
Mayors and City of London Court

Claim No. XXXXXXXX
Between
UK Car Park Management Limited (UK CPM) (Claimant)
and
XXXXXXXXX (Defendant)

Witness statement of Mr XXXXXXX XXXXX, Address: XXXXXXXXXX, date of birth XXXXXXX
1. I am the defendant in this matter. Any evidence to my statement will be referred to the attached documents as Exhibit MA01, Exhibit MA02 and so on.
2. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.
3. I assert that I am the registered keeper of the vehicle (Reg - XXXXXX) in question in this case. No evidence has been supplied by this claimant as to who parked the vehicle or that I was the driver. As this event has been resurrected from over a year ago, it is not possible to expect a keeper to recall who might have been driving. At the time of the charge, the car was used by a number of family and friends who I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case. Without knowing who the driver was, I put the claimant to strict proof that any contract can exist between them and myself which they claim that it has been breached.
4. I am not liable to the claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed:
5. According to the notice to the keeper, the charges were for an ‘unauthorised parking’ on XX.06.2017 at XX:XX on 93-101 Greenfield Road, London. UK CPM issued a parking charge notice letter to me on XX.07.2017 as the registered keeper of the vehicle. No windscreen ticket in this case. Copy of the notice to the keeper is attached as Exhibit MA01.
6. The claimant then sent a follow on ‘formal demand’ letter issued on XX.08.2017. See Exhibit MA02
7. Following that, I received three ‘notice’ letters from a third-party organisation called ‘Debt Recovery Plus Limited’ for the sum of £160. The letters repeatedly use threatening language such as ‘you owed’, ‘you haven’t paid’ and repeatedly threatened that court actions can be taken against me. See Exhibit MA03
8. I then received a letter from ‘Gladstones Solicitors’ on XX.11.2017 stating that they have been instructed by UK CPM in relation to this debt. This letter again uses threatening language and assumptions such as ‘It is our client's case that you are liable for these charges’. This letter repeatedly states that I need to contact the client (UK CPM) and their agent (Debt Recovery Plus Limited) to pay the £160. See Exhibit MA04
9. Seven months later I received the ‘letter before claim’ from Gladstones Solicitors. See Exhibit MA05
10. I did not respond to the brightly-coloured alarmist Notices sent to me by the claimant and their agents because I believed they were spam (this sort of scam had been exposed on Watchdog). Also, these were not offence or fine from an Authority like a Council or Police so there was no reason or obligation upon a registered keeper to ‘appeal’ to what appeared to be junk mail.
11. The Notice to Keeper was issued on the XX.07.2017, 17 days after the alleged parking charge date. This is a clear indication that the claimant has not obliged with the following:
Failure to comply with Protection of Freedoms Act 2012 ("POFA 12") - Schedule 4
12. It is also denied that the claimant has complied with Schedule 4, POFA 12 schedule 4 9(5) as the Notice to Keeper was issued 17 days after the alleged parking charge date. The letter was received by the keeper on day 20 following the parking charge (3 days after it was issued). Schedule 4 paragraphs 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver. This paragraph clearly instructs the claimant that where no notice to the driver has been served (e.g. ANPR is used), the notice to keeper must be served no later than 14 days after the vehicle was parked. I have attached a copy of the POFA 12 schedule 4 as Exhibit MA06
13. Under the POFA 12 schedule 4, there is no presumption in law as to who parked a vehicle on private land nor does there exist any obligation for a keeper to name a driver. The claimant is therefore limited to pursuing the keeper in these proceedings under the provisions set out by statute in the POFA 12 schedule 4.
Failure to comply with the International Parking Community (IPC) Code of Practice
14. As the claimant is a member of the IPC, they are required to subscribe to the AOS and adhere to this Code which defines the core standards necessary to ensure transparency and fairness. The terms and condition are clearly stated in Part A of the IPC Code of Practice. The claimant did not comply with the Part C point 5 of the code of practice where it says:
‘Part C, 5.1 The Notice to the Keeper must;
(m) Be given to be received by the keeper within 14 days beginning the day after the specified period of parking.’
I have attached a copy of the IPC Code of Practice as Exhibit MA07
The claimant also failed to comply IPC Code of Practice ‘PART E Schedule 1 – Signage’
15. I was never shown the alleged signage contract photos (not even the original ‘PCNs’ showed the purported signs). As a registered keeper, I never saw the ‘contract’ they are trying to hold me liable for. Despite asking for it on subject access request on XX.11.2018 (See Exhibit MA08), the claimant failed to provide copies of the supposed contract
16. The claimant stated in the particulars of claim that ‘the driver of the vehicle incurred the parking charges for breaching the terms of the parking’.
17. I have visited the location of the alleged parking charge and have found that the signage did not comply with the requirements of the Code of Practice of the IPC as deviated in the following paragraphs with evidence.
18. Referring to the two pictures that were attached to the notice to the keeper, it is apparent that the vehicle was parked in an area where there are no marked bays and did not have any adjacent sign with the full terms of the car park in the pictures.
19. The signage was deficient in number, distribution, tiny wording and lighting to reasonably convey a contractual obligation. It is difficult to notice the signs and even impossible to see at the night as there is no light on that road or beside the signage. See Exhibit MA09
20. There was no signage at the entrance of the road that indicates to the driver that they are entering private land. See Exhibit MA10
21. Around twenty feet into the road, there is a sign on the left-hand side (facing sideways to the road), that is affixed 12 foot high off the ground which can barely be noticeable or read even if one is standing underneath it let alone driving past it while focused on the road ahead. See Exhibit MA11
22. Following a close inspection of the road, three further signage were noticed along with other posters/advertisement on the wall, but it was not possible to get within 10 feet of the sign due to obstructions of cars, dust bins, bush, other obstacles, and a metal barrier and at this distance the tiny, illegible whatever terms could not be read. It is now apparent that it is not possible for a driver to notice these signs let along be able to read them. See Exhibit MA12
23. It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding the driver, which distinguishes this case from the Beavis case.
24. From my inspection of the signs as best I could, I found no mention of the alleged "debt collection charges", (See Exhibit MA13) which are anyway not my concern as I cannot be liable for more than the sum on the notice to keeper, even if the claimant had complied with POFA 2012 schedule 4, which is denied for the reasons set out above.
25. The claimant has not provided any evidence of a contract with the landholder that demonstrated that UK CPM had any authority to operate in the land per to the IPC Code of Practice Part B 1. - 1.1.
26. The Court is invited to dismiss this Claim and to allow my wasted costs which will be submitted separately and in a timely manner, depending upon whether a hearing takes place. I firmly believe that to pursue me as a registered keeper when the claimant has no such right and to submit such incoherent particulars and lacking ‘evidence’ is wholly unreasonable and vexatious.
Statement of Truth
27. I believe that the facts stated in this witness statement are true.

Signature
Date

dejam

sorry for being really stupid, @RedX, i actually didn't get the message

KeithP

The question you asked simply doesn't make sense.
Read it again.

dejam

ahh I see, apologies and thank you @KiethP and @RedX for pointing that out.
here's the question again:
I am not sure how to show the evidence to you guys. Is there a set of instructions anywhere?

KeithP

Upload it to your favourite webhosting site, imgur, dropbox, etc, then post a link here.


With all personal identifying information obliterated of course.

dejam

Hi Fatzz, You need to read newbies thread, post#2 and then create your own thread i think.
You need to do an acknowledgement of service first, then submit a short defence. The Witness Statement which you wrote above comes when you get a date from the court for the hearing.