Court Claim from UKCarParkManagement

Navi48

I read about the Jopson case, but that was based on resident parking rights in the lease. I was a visitor, so not sure how that helps plus I don’t think can get a copy of the original lease as everything has changed hands. Been searching forums, but can't find any statute on visitor parking permits. And I don’t think I can argue poor signage as there is an image of a sign in the adjacent parking bay, albeit illegible, so my defence is pretty short:


In the county court
Claim XXXXXXX
Defendent: XXXXXXXX
Claimant: UK Car Park Management

Defence:

The driver had on several occasions prior, visited Mr XXX at Flat XX, XX Apartment Blocks. Each time the driver had been let in through the gates, and been issued with a parking permit which had the date and vehicle registration hand written, and was hung on the rear view mirror.

On the date of the alleged parking offence, the driver was let in the gate, around XXXam but then informed that Mr XX (a resident of the building) could not come down to the vehicle to supply the permit. Mr XX requested that the driver come up to retrieve the permit as he was attending urgent matters. The driver returned and displayed the permit clearly in front of the vehicle in a matter of minutes (no more than 5 minutes). A photograph was taken during this period.
The defendant refutes the accusation of illegal parking and makes the following arguments:


1. The driver was not given sufficient time to decide whether or not to park onsite. Having arrived around XX:XXam on XXst XX XXXX, the driver exited the vehicle and was deciding whether or not to obtain a permit and remain in the car park.
UK Car Park Management (UK CPM) was a member of International Parking Community (IPC) trade association at that time, whose Code of Practice to which they must adhere states:
"15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.”

Whilst “sufficient time” is not specified, we can take some best practice guidance from the only other private parking trade association, the British Parking Association (BPA):
“13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes. “


2. The driver was not given sufficient time to obtain a permit once deciding to remain. The necessity to display a permit is not in dispute, however the driver must be permitted sufficient time to obtain a permit which is not in their possession, but is retained by the resident. An original copy of the permit proves that other vehicles have made visits to the building, requiring the permit to be returned to and retained by the resident, not the driver.

There is no reference in the Code of Practice on obtaining a permit, so again we can only refer to the best practice of point 13.2 from above that a grace period of at least 10 minutes should apply. Which in this case UK CPM did not permit before taking enforcement action i.e. the photos.


3. Signage does not make reference to code of practice nor the rules obtained within. Whilst the sign did request a parking permit, it did not specify the terms with which to obtain one, or the time frame to obtain one, and therefore no contract can be formed with the driver or keeper. If there is no time allowed to obtain a permit, the sign should request that the driver not leave the vehicle until the permit holder brings it to the vehicle.

In summary UK Car Park Management did not allow any time to complete any necessary tasks to fulfil a contract. Furthermore, they are not adhering to their own, nor any industry best practice guidance or Code of Practice, which is a requirement of the KADOE (Keeper of a Vehicle at the Date of an Event) Contract they entered into when retrieving the keepers details from the DVLA. Thus , there is a breach of the Data Protection Act 2018.

The claimant has no cause of action in this matter, and the Court is invited to dismiss the claim in its entirety.

'I believe the facts stated in this Defence are true’





Do I even need to put all that blurb about what actually happened on that particular day i.e. every other day the resident brought me the permit? If the argument is based on lack of time to obtain a permit, then all that stuff is irrelevant. Does it help or harm my argument? Does the judge even want to see it?

Got until Tuesday to submit my defence. Any thoughts gladly appreciated. I know you're all busy. Worst case I'l just submit this as it is. Better than nothing.

Navi48

Please. anyone got any last minute comments. hAve to submit by tomorrow afternoon. I feel like maybe I need more legal arguments in there

Navi48

So I've tried to add a few more items. Presumably the idea of having multiple arguments is that if one fails, you can use others. But equally, I wonder if a single concise well thought out argument is better than a bunch of weaker arguments. So here is my first brief one:


1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The parking charge is unwarranted because the driver was not given sufficient time to decide whether or not to park onsite. Having arrived around XX:XX on XXXXXXX, the driver exited the vehicle and was deciding whether or not to obtain a permit and remain in the car park and visit a resident.

At that time, UK Car Park Management (UK CPM) was a member of International Parking Community (IPC) trade association, whose Code of Practice to which they must adhere states:
"15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.”

Whilst “sufficient time” is not specified, we can take some best practice guidance from the only other private parking trade association, the British Parking Association (BPA):
“13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes. “

3. The driver was not given any time to actually obtain the required permit. The necessity to display a permit is not in dispute, however the driver must be permitted sufficient time to obtain a permit (which is not in their possession), from the resident, which in this case took less than 5 minutes. An original copy of the permit proves that other vehicles have made visits to the building, requiring the permit to be returned to and retained by the resident, not the driver.
There is no reference in the Code of Practice on obtaining a permit, so again we can only refer to the best practice of point 13.2 from above that a grace period of at least 10 minutes should apply as reasonable guidance. Which in this case UK CPM did not allow before taking enforcement action i.e. photos of the vehicle without a permit.

4. Signage does not make reference to code of practice nor the rules obtained within. Whilst the sign did request a parking permit, it did not specify the terms with which to obtain one, or the time frame to obtain one, and therefore no contract can be formed with the driver or keeper. If there is no time allowed to obtain a permit, the sign should request that the driver not leave the vehicle until the permit holder brings it to the vehicle.

5. Since UK Car Park Management did not allow any time to complete any necessary tasks to fulfil a contract and follow their rules, they are not adhering to their own, nor any industry best practice guidance or Code of Practice. This is a requirement of the KADOE (Keeper of a Vehicle at the Date of an Event) Contract they entered into when retrieving the keepers details from the DVLA. Thus , UK CPM are in breach of the Data Protection Act 2018. Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary.


The claimant has no cause of action in this matter, and the Court is invited to dismiss the claim in its entirety.

STATEMENT OF TRUTH
I believe the facts stated in this Defence are true


Or this slightly longer one, which I wonder is a bit long winded? What do you think?:





DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

3. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark XXXXX which is the subject of these proceedings. The vehicle is insured with XXXX with X named drivers permitted to use it.

4. The parking charge is unwarranted because the driver was not given sufficient time to decide whether or not to park onsite. Having arrived around XXXX on XXXXXXX, the driver exited the vehicle and was deciding whether or not to obtain a permit and remain in the car park and visit a resident.
At that time, UK Car Park Management (UK CPM) was a member of International Parking Community (IPC) trade association, whose Code of Practice to which they must adhere states:

"15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.”
Whilst “sufficient time” is not specified, we can take some best practice guidance from the only other private parking trade association, the British Parking Association (BPA):

“13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes. “

5. The driver was not given any time to actually obtain the required permit. The necessity to display a permit is not in dispute, however the driver must be permitted sufficient time to obtain a permit (which is not in their possession), from the resident, which in this case took less than 5 minutes. An original copy of the permit proves that other vehicles have made visits to the building, requiring the permit to be returned to and retained by the resident, not the driver.
There is no reference in the Code of Practice on obtaining a permit, so again we can only refer to the best practice of point 13.2 from above that a grace period of at least 10 minutes should apply as reasonable guidance. Which in this case UK CPM did not allow before taking enforcement action i.e. photos of the vehicle without a permit.

6. Signage does not make reference to code of practice nor the rules obtained within. Whilst the sign did request a parking permit, it did not specify the terms with which to obtain one, or the time frame to obtain one, and therefore no contract can be formed with the driver or keeper. If there is no time allowed to obtain a permit, the sign should request that the driver not leave the vehicle until the permit holder brings it to the vehicle.

7. Since UK Car Park Management did not allow any time to complete any necessary tasks to fulfil a contract and follow their rules, they are not adhering to their own, nor any industry best practice guidance or Code of Practice. This is a requirement of the KADOE (Keeper of a Vehicle at the Date of an Event) Contract they entered into when retrieving the keepers details from the DVLA. Thus , UK CPM are in breach of the Data Protection Act 2018. Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary.

8. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.
9. The Claimant is put to strict proof that under terms of the lease at the time, that there was an absolute entitlement to park for the residents and their visitors which cannot be fettered by any alleged parking terms. Signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease.

10. The defendant avers that at the time of the material events the signage was deficient in number, distribution, wording and lighting to reasonably convey a contractual obligation.

11. The Claimant, or their legal representatives, has added an additional sum of £60 to the original £100 parking charge, for which no explanation or justification has been provided. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which is £100 in this instance. It is submitted that this is an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded.

The claimant has no cause of action in this matter, and the Court is invited to dismiss the claim in its entirety.

STATEMENT OF TRUTH
I believe the facts stated in this Defence are true

Navi48

I appreciate advice given out on these forums is from volunteers and for free, and that you are overwhelmed by cases. I thank you for your input so far. I have been doing my best to construct an argument myself, and I take responsibility for the path I have chosen.

So my last post essentially asked whether I go for a slightly more technical defence with some slightly more legal based arguments, or just prepare a logical defence as a layperson.

I didn't get any feedback so I went with the latter and submitted it successfully to the county court. And to be truthful, I didn't feel comfortable digging up unsubstantiated claims or things I didn't really understand and trying to explain them in court. I don't have the mindset, nor the time to become a legal expert overnight. I have already spent untold hours just getting this far.

So this is where I'm at. I have pursued every other avenue suggested to me. The following items have resulted in nothing thus far:

1) My MP was sympathetic and wrote a letter to UK CPM a number of weeks ago, but he wouldn't provide the details, and I haven't heard anything back.
2) Since the residential block management has changed hands, as has the car park management company, and the resident no longer has a copy of the old lease, I cannot access what agreements were formed with respect to parking, nor can I get proof of original signage to make that claim.
3) I pursued the question of how they obtained my user details. The DVLA wrote back saying they had obtained it electronically through the KADOE system, giving the reason as "Breach of terms and conditions of a private car park", and they did it 7 days after the alleged breach.
Their code was not the same address as is on their website. Somewhere in West Sussex.
4) I submitted an SAR a while back and got a response showing they had a few photos of the rear of the car and a completely illegible photo of a sign, all taken within a minute of each other.


Received a letter confirming receipt of defence from county court and a letter from Gladstones. It essentially says that they have notified the court of the Client's intention to proceed with the claim, enclosed a Directions Questionnaire and that they intend to request a special direction that the case be dealt with "on the papers" without a hearing. They go on to say that they would be happy to listen to any payment proposals. In the questionnaire, they request the hearing be made at the Claimants home court. They request that form N159 is sent to the defendant.

So just a few questions so I can stay on top of things.

1) Am I expecting a questionnaire to be sent to me? The one I recieved just looks like a copy of the one Gladstones sent to the court. Presumably I must have a say about mediation and location of the court hearing?

2) From what I understand, UK CPM has 28 days from the date of receiving my defence to proceed with the claim. After which the court will contact me. So for now, I just wait?

3) What do you think of my chosen defence?

4) If I lose the case, what sort of additional costs can I expect added to the current amount, and how can I argue down the costs down?


Just trying to get my head around the next stage. Thanks all

KeithP

I'll just address your first question if I may, by suggesting you re-read points 7 and 8 in the list in post #11 above.

Further 'what happens next' type of questions can probably be answered by reading bargepole's 'what happens when' post linked fro post #2 of the NEWBIES thread.

Navi48

Thanks Keith P.

Next stumbling block. I did end up receiving the directions questionnaire. Have filled it in. One question though, where it asks for the location of the court proceedings. If I put my home court, it will be somewhere probably in SE London or thereabouts. So I thought I'd be specific and put search for local county courts. I wasn't intending on reading about the courts themselves, but I just happened to see that all my local courts got 1 star and had many reviews. From what people have written it sounds like a horrendous ordeal to deal with these local courts. Entering wrong information, demanding incorrect payments, generally being nonchalent and rude.

So now that I've gone down this path as recommended on this site, am I now to not only battle the claimant parking company but the courts themselves aswell?? My thinking is to perhaps go further afield to a better court to get a fair hearing and good service.

The only one I can find within any reasonable distance seems to be Kingston Upon Thames. Although it only has 5 reviews, so not much to go on.

Any opinions on experience with courts in SE London, or Kingston, or whether I even can specify what court. Maybe I just have to put "home court", which fills me with dread!

Thanks

Coupon-mad

In that area I think whatever you put, you might find another court allocated, as not all of them hear such cases or have Judges there every day.

Navi48

Ok thanks Coupon-mad

So does it affect my chances by going to a really bad court or is that just the service side i.e. payments, logisitics etc that could be a knightmare?

Presumably from what you say the judge is independent of the court and doesn't work there every day so I should get the same hearing I would anywhere.

I'm only concerned really because if I put "home court" and I get it, my home court has the lousiest rating of all courts out there.

Coupon-mad

I am not sure on what basis the bad reviews have judged the court, but I doubt it's based on how PPC savvy or biased the Judges are! Courts do all sorts of things and the rating is likely to be about answer the phone, and admin issues IMHO.

Navi48

Hi again guys

Well it was back in mid January that I returned my Directions Questionnaire so I'm sure I will be hearing back something over the coming weeks.

Anyway, part of my defence will be a written statement from the client I was visiting at the time to explain why I had to go and retrieve a permit in the first place.

I am not in regular contact with him, and he is rather busy and not the most reliable communicator. I've got a feeling he will move house rather soon after which I may struggle to get any statement from him. Hence why I am addressing this now.

So basically I was just going to get a typed letter from him, signed at the bottom.

Is there a specific way this letter should be written or constructed, and would it carry more weight if hand written? Given how busy he is, this might be a long shot anyway.

Someone mentioned to me a while back that a witness statement should be written in prescribed form. Not entirely sure what it means anyway. Or can he just literally write a statement with his name and address on there?

Or can it even be an e-mail?

Thanks