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

dejam

Thanks ever so much @KeithP, I will have the evidence up and shared with you guys by this evening

Le_Kirk

fatzz wrote: »

hey got one this is what i've written so far.

Fatzz, did you mean to post in your own thread?

dejam

Hi All,
All evidence are saved here: https://www.dropbox.com/sh/xvuq6aqx26c8nxn/AACo0JGAB7IfSe0WIIKGwajva?dl=0
I am looking to submit it tomorrow. any last minute check/feedback would be appreciated as ever.
I made some further cuts to the WS following feedback from Pepipoo:

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 am not liable to the claimant for the sum claimed, or any amount at all.
4. 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 several family and friends.
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 MA03a, MA03b, and MA03c
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. 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 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. 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
Failure to comply with the International Parking Community (IPC) Code of Practice
13. 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’
14. 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
15. 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’.
16. 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.
17. 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.
18. The signage was deficient in number, distribution, tiny wording and lighting to reasonably convey a contractual obligation. It is difficult to notice the signs during and even worse to see at the night as there are no adequate light on that road or beside the signage. See Exhibit MA09
19. There was no signage at the entrance of the road that indicates to the driver that they are entering private land. See Exhibit MA10
20. 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
21. 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
22. 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.
23. From my inspection of the signs as best I could, I found no mention of the alleged "debt collection charges". (See Exhibit MA13)
24. 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.
25. The Court is invited to dismiss this Claim and to allow the full costs recovery order due to the claimant’s unreasonable claim as per CPR 27.14.2(g). My costs schedule will be submitted separately, depending upon whether a hearing takes place.
Statement of Truth
I believe that the facts stated in this witness statement are true.
Signature
Date

dejam

Also - just called the court, and they said that no court fee or application has been submitted but the claimant yet. the deadline was 5th March!4pm. and it said without the fee and application, it will be struck out. however,! unless they have paid it via post which might take a bit to update court database. I am will submit the WS either way.!

dejam

Hi guys,

here we go, Gladstones blinked first and dropped the claim! I received a letter 'Notice of Discontinuance' which has also been sent to the court too (it says).!

I guess they knew they didn't stand a chance and were bluffing all the way hoping that I would pay. I just want to say a massive thank you to you guys. You actually saved me £250. I would have paid by now if these forums wasn't here. I would have not have a clue how these PPC's are scamming people without using the proper law. I am so grateful to you guys! thank you and carry on this amazing work! your time and efforts are not going to waste.!

I am guessing no further action is required from me? I don't need to submit anything to court?

Should I do a counter claim for the time I wasted and the printing I done?

I am also thinking to complain to IPC and DVLA as they miss-used my data under POFA.!

Thank you again guys,!

beamerguy

dejam wrote: »

Hi guys,

here we go, Gladstones blinked first and dropped the claim! I received a letter 'Notice of Discontinuance' which has also been sent to the court too (it says).!

I guess they knew they didn't stand a chance and were bluffing all the way hoping that I would pay. I just want to say a massive thank you to you guys. You actually saved me £250. I would have paid by now if these forums wasn't here. I would have not have a clue how these PPC's are scamming people without using the proper law. I am so grateful to you guys! thank you and carry on this amazing work! your time and efforts are not going to waste.!

I am guessing no further action is required from me? I don't need to submit anything to court?

Should I do a counter claim for the time I wasted and the printing I done?

I am also thinking to complain to IPC and DVLA as they miss-used my data under POFA.!

Thank you again guys,!

Just double check with the court, nobody trusts Gladstones ?

Well done, you went that extra mile :T

I personally would invoice Gladstones for your time wasted. Then when they ignore you can do all the rubbish they do. LBC etc.

Forget the IPC, it is just a scam set up by Glastones anyway.

The DVLA maybe ,,,,,, your MP is a good bet and also copy in Sir Greg Knight who introduced the new bill.

Why not the SRA
https://www.sra.org.uk/consumers/problems.page

Coupon-mad

Yay, well done for your leap of faith with us - another one bites the dust!

:T

dejam

Hi All,!

I wish I could personally know you to show you my appreciation of the support you guys gave me, thank you ever so much!!

I have submitted the WS to the court and to Gladdy's anyway just in case they are playing dirty tricks. I will wait for the court to notify me.!

Meanwhile, will be writing to the court, local MP, DVLA with complaints. will keep you informed until it's all over from the court.

thank you

dejam

Hi All,
The court has confirmed that the hearing has been vacated so claim dropped!
I have submitted a cost schedule for unreasonable behaviour to the court.
thank you again for all the help and I wish you all the best!
carry on with the amazing work!

VitSmith

I'd also like to thank everyone here for their help and assistance - I've read this thread to work out my defense for a very similar case. Unsurprisingly behaviour of UK CPM and gladstones was pretty much identical to one in dejam's case so I knew exactly what to expect.
gladstones have sent a letter of discontinuance a week before the court case - obviously a scare tactic.
Thanks again folks you're doing an amazing job!