Residents parking - UKCPM - Claim Form

pogo88

Many thanks LoC,

I'll have this added to my defence and email a signed, pdf copy to MCOL this afternoon.

I really appreciate all the help you (and all the other MSE contributors) have given me, let's I will be able to add another to the MSE 'Win' column at the end of all this.

pogo88

Hi All,

Update on my case - I have received my notice of allocation and looks like I will be having my day in court at the end of November at Bromley County Court.

The notice states that I must deliver all my documents that I intend to rely on in court to the other party (UKCPM) and the court office at least 14 days before the hearing. No specific date stated, but I will make sure I'll get this delivered well ahead of this deadline.

I guess the next step is to write my witness statement and ensure all the evidence I intend to refer to in court is all in order. I've got a busy couple of months ahead (including my wedding next month!), but I'll hopefully be able to post my draft WS on this forum soon, and hopefully it will be good enough to defeat these guys.

By the way, is it possible to deliver my WS & evidence pack to the court office by hand? Or does it have to be posted to them?

Thanks everyone
Pogo

Le_Kirk

By the way, is it possible to deliver my WS & evidence pack to the court office by hand? Or does it have to be posted to them?

Always best to do this and get a receipt for it from the clerk/usher. Make sure you put your case number or other identifying reference on the envelope. Snail mail or e-mail for the claimant is fine. NOT signed for, just First Class from a post office and get a free proof of posting certificate and KEEP IT.

pogo88

Hi All,

I have drafted my witness statement as follows. Thank you to Bargepole for providing the template for this.

Not sure if I need to keep point 4 in the statement?

Also, should I mention the property manager confirmed UKCPM have agreed to overturn PCNs issued to residents if they can prove they held a permit at the time of alleged offence. Not sure if this this will weaken my 'Primacy of Contract' argument and the initial PCNs were issued unlawfully.

Many thanks
P

In the County Court at XXXXX
Claim No. XXXXXX
Between
UK CAR PARK MANAGEMENT LTD (Claimant)
and
XXXXXX (Defendant)

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Witness Statement

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1. I am XXXXXX, of XXXXXX the Defendant in this matter. I will say as follows:

2. I have been the legal leaseholder of the residential property at address XXXXXX since XX XXXX 2015. This is evidenced by Exhibit A (Register of title).

3. Under the terms of my lease I have been demised the right to use parking bay XXX of the underground car park area in the building. This is evidenced by Exhibit B (Lease. Page 7 - “Leesee’s Parking Space”) and Exhibit C (Development Parking Plan)

4. At some point during Q3 2016, the claimant was appointed by the property manager to manage the car park area. Residents with an allocated parking space were asked to provide their vehicle details to the property manager which would then be passed onto the claimant. Out of courtesy, I adhered to this request and also updated my vehicle’s details on the claimant’s records when I purchased a new vehicle in May 2016. This is evidenced by Exhibit D (Details update email).

5. Upon receipt of parking charge notices from the Claimant, I referred to my right to park in the parking bay in question and supplied them with this evidence, however they have elected to pursue this matter via litigation.

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Coupon-mad

Not sure if I need to keep point 4 in the statement?

Yes!

Also, should I mention the property manager confirmed UKCPM have agreed to overturn PCNs issued to residents if they can prove they held a permit at the time of alleged offence.

Yes - and try to get an email to prove it. I mean this week, email and get a reply.

I would also add that the property manager has no title in the land, and there is no evidence of any proprietary interest of the Claimant, or authority from the actual landowner. This is required under the relevant ATA Code of Practice, and absence of any such commercial justification would mean they are not only not assumed to be 'authorised' just because they put some cardboard signs up with cable ties, but also it exposes the absence of any 'legitimate interest' (use that phrase from the ParkingEye v Beavis case but don;e file the case as evidence, no need as it's Supreme Court level).

You need to add (as a separate supplementary sheet abut the added costs, if you wish to do it that way, for simplicity of documents) the abuse of prcess wording from post #14 of beamerguy's thread about Abuse of Process of adding sixty quid that they know they cannot recover.

You also need to now file & serve your costs schedule, see NEWBIES thread for examples, and a cover sheet or contents/index page, and every page needs numbering.

pogo88

Thanks Coupon.

I do already have an email from the property manager to confirm UKCPM will overturn PCNs issued to residents. It states that this is a new policy that can't be backdated to overturn my PCNs, but that is neither here or there, it just proves that their appeals process at the time was grossly unfair on residents/a bit of a scam.

I'll rewrite my WS to incorporate your points and try to repost this on here at some point today.

Thanks
P

Umkomaas

I do already have an email from the property manager to confirm UKCPM will overturn PCNs issued to residents.

Unless your properties are open to and blighted by random non-resident fly-parking, I can’t see you being bothered by UKCPM for too much longer.

They can’t survive without penalising residents, and they don’t run their ‘service’ for nil return.

nosferatu1001

Is uit really promissory estoppel? There was no promise amde by the claimant, you are, in fact, the landHOLDER (if the lease indeed demises the space) and as such they are without ANY authority to operate there.

pogo88

Thanks for the all the feedback. I have added a few new points in my WS, hopefully the language isnt too unprofessional.

Appreciate any further comments

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Witness Statement

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1. I am XXXX, of XXXX, the Defendant in this matter. I will say as follows:

2. I have been the legal leaseholder of the residential property at address XXXX since XX XXX 2015. This is evidenced by Exhibit A (Register of title).

3. Under the terms of my lease I have been demised the right to use parking bay XXX of the underground car park area in the building. This is evidenced by Exhibit B (Lease. Page 7 - “Leesee’s Parking Space”) and Exhibit C (Development Parking Plan)

4. At some point during Q3 2016, the claimant was appointed by the property manager to manage the car park area. Residents with an allocated parking space were asked to provide their vehicle details to the property manager which would then be passed onto the claimant and a parking permit issued. Out of courtesy, I adhered to this request and also updated my vehicle’s details on the claimant’s records when I purchased a new vehicle in May 2016. This is evidenced by Exhibit D (Details update email) and Exhibit E (Parking Permit).

5. Upon receipt of parking charge notices from the Claimant, I referred to my right to park in the parking bay in question and supplied them with this evidence, however they have elected to pursue this matter via litigation.
6. The property manager has no title to the land on which these parking charge notices were issued, the claimant has therefore, shown no evidence of proprietary interest or authority from the landowner. This is required under the Independent Parking Committee’s Code of Practice and, therefore, the Claimant has no commercial justification or legitimate interest for their operations.
7. The Claimant, or property manager, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to s37 of the Landlord & Tenant Act 1987, and I am unaware of any such vote having been passed by the residents.
8. Following continued dialogue with the property manager, and despite the claimant’s continued refusal to overturn my parking charge notices, the claimant has now confirmed a change in their appeals process so that residents parking within their own allocated parking space will have any penalty charge notices overturned upon appeal. This is evidenced by Exhibit F (Property manager Email).
9. It is my position that, the Claimant has no authority or standing to vary the terms of my lease or to impose fixed conditions under which I can use the space demised to me as legal leaseholder.


10. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Le_Kirk

7. The Claimant, or property manager, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to s37 of the Landlord & Tenant Act 1987, and I am unaware of any such vote having been passed by the residents.

To add weight to your case: -

7. The Claimant, or property manager, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders with no more than 10% disagreeing, pursuant to s37 of the Landlord & Tenant Act 1987, and I am unaware of any such vote having been passed by the residents.