Directions questionnaire

Anur

HI
I have visited centre and parked my car in the main car park in the bays which had visitors only parking across two bays which were slightly worn off and also had two sets of number for each bay. In that particular car park all the other bays were only numbered and on the display board with instructions on how to park was written visitors blank bays. In that car park there were no blank bays except for these two bays with vsiitors only, so I parked my car in one of the bays and bought a ticket and displayed it.

On my return I found a PCN on the windshield and I was surprised and went to vista centre reception to ask why there was a ticket. I was told that there was a parking behind the building and that i should have parked there. There was literally nothing to suggest there was any other parking except for the parking lot that was right in front of the cente. I appealed to the Parking company saying that i had bought a ticket and displayed in the bay which said visitors only but was rejected on the basis that on the board it says VISTORS =blank bays.

There were no blank bays. This was in the first quarter of 2016. My appeal to the adjucator was rejected because the parking company has now erected many red signs which say parking at the rear of the building and they put this as the evidence. But those signs were not there before and as is evident in the initial rejection letter.

After few months i got letter from debt collection company asking me to pay parking charge plus debt collection fee . I was worried and told thte DCC that i would pay the money in instalments as i was not working then. They didnt accept and sent the file back to parking comp.

A couple of months ago I got a letter from Gladstone and the case was filed. I wanted to defend my case because of the facts above. So I sent in defence stating all the facts with the help from reading these post. Now I please need help on how to preceed with directions questionnaire. I need to servce this by 20the jan. Please Help

Umkomaas

Slabs of text rarely get read here. Space it out with paragraphs to make it readable please.

If you're using a mobile phone you need to use a tablet, laptop or PC.

Anur

Thank you so much

Umkomaas

A couple of months ago I got a letter from Gladstone and the case was filed. I wanted to defend my case because of the facts above. So I sent in defence stating all the facts with the help from reading these post. Now I please need help on how to preceed with directions questionnaire. I need to servce this by 20the jan. Please Help

Right, no need to panic.

The NEWBIES FAQ sticky, post #2 covers the entire court process. Much of it has been written by legal expert and contributor here BARGEPOLE and is the best piece of online advice for dealing with a private parking ticket court case.

There is a dedicated section telling you how to deal with a Directions Questionnaire (DQ), so please have a read of that and use the advice for completing yours.

There is help available to you in dealing with your case, but we would need to read what you have said in your defence, rather than joining in and providing advice half way through the process. Let us see your defence.

Finally - which parking company, and which adjudication service, just so we have the full picture?

Anur

Thank you so much. The company is UK car parking Management Limited. The adjucator is from the Independent appeals no name.

Here is my defence.
The Claim relates to parking on the land ........
It is denied that any indemnity costs are owed and any debt is denied in its entirety.

I deny I am liable for the entirety of the claim on the following grounds:
A Poor, Misleading Signage.
1. I have been to Vista centre to lodge an application at the Centre situated in a building.

2. I have entered through the gates that are in front of the vista building and upon going through the car park that is right in front of the building I parked my car in the VISITORS ONLY parking bay and I bought a ticket from the machine and displayed in the front window Upon my return I was shocked to see car park penalty notice on my car window.

3. I appealed to the Car park management and was rejected on the basis that the bays that I parked were not for visitors (although the bays were marked Visitors only) and that the numbered bays were for blue badge holders only. The bay that I parked had visitors only sprawled across two bays and two sets of numbers leading me to believe that the bay was for visitors. In the rejection letter I was asked to pay 100 pounds instead of the original payment of 50.

4. I appealed to IAS on the grounds that I had purchased and displayed a ticket and parked my car in the bay which was marked visitors only.

The IAS dismissed my appeal on the basis that “ I have not been aware of the terms, or the consequences for not complying. If the Appellant was unable to comply with the terms, whatever the reason, they could park as they did and pay the charge or park elsewhere. They chose the former and the appeal is dismissed.”

5. I did not agree with the IAS decision. The IAS is not considered an independent appeals system due to the Assessors' names remaining secret and well-publicised concerns over a conflict of interest. The IAS is a trading name of the IPC who are owned by the same people as the Claimant's Solicitors, Gladstones, who are now bringing this claim. It is submitted that this chain of events is founded upon a conflict of interest and operates in breach of the CPUTRs and is contrary to good faith. There is no scrutiny board, unlike POPLA. The IAS decisions in the public domain blatantly disregard recognised standards of law or justice. Given this, I do not accept its dismissal of my appeal. Furthermore, CPM submitted false evidence that was accepted by this corrupt system without question. It Is very clear that IAS never attempted to even consider my appeal.

6. In their claim with IAS the claimant have photo graphs taken many weeks after this incident where in new signage was erected directing visitors to a car park behind the rear of the building. In the initial rejection letter the claimant pointed to blank bays in the same car park. Please note the claimant have provided false evidence to the IAS with regards to an additional car park at the rear of the building. The claimants have lied

7. This facility was not available on the day that I parked and was issued the PCN.

8. After several weeks I received a letter from debt collection agency who asked me to pay the sum of 149 pounds.

9. I am a scientist but was out of employment and was going through financial difficulties and offered to pay 5 pounds per month as I could not afford to pay more than that.

10. Please note I only agreed to pay the debt collection agency because of the tremendous distress that I went through because of the incessant texts and letters I have received from this debt collection agency . It caused tremendous amount of distress to the point of depression to me .

11. The debt collection agency refused to accept the payment of 5 pounds a month and continued to send texts, letters asking me to pay the whole amount.

12. As I could not afford to pay the amount in full the case was returned back to the UK CPM.

13. After more than 20 months I received a letter from Gladstone solicitors asking me to pay the amount in full or threatened to go to court.

B. In addition to the original parking charge, for which liability is denied, the Claimants have artificially inflated the value of the Claim by adding purported legal representatives cost of £50, which have not actually been incurred by the Claimant and interest of 32.40.

C. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. I believe the term for such conduct is ‘roboclaims’ which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. On the basis of the above, I request the court strike out the claim.
The facts and information in this defence are true and the Defendant is not liable for the sum claimed, nor any sum at all.
It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

thank you once again

Umkomaas

I'm not the court expert on here, but your 'defence' looks more like a Witness Statement (ie, what happened). You can only hope a Judge will treat it as a submission from a person who has never had any previous court experience (which I guess that is the case). You might have to play on that a bit if it gets to court. Unless you pay £255, you cannot now amend the defence.

Others more experienced than me in this area might comment on specific points in the defence.

Get on with your DQ, as per the sticky advice.

Sorry to tell you that UKCPM are currently the most litigious PPC in the country, so court is quite likely.

Anur

thank you I am unable to find the newbies stick thread, also I have absolutely no court experience. This is my first time and whilst i am sure of my case and my defence I do not know how to present. Any help with this I will be very grateful

Coupon-mad

My signature tells you where to find the NEWBIES thread.

nosferatu1001

If youre using a phone, stop
Use a laptop

The newbies thread is on page 1 of the parking forum, right at the top.

You might not have any experience, but you have to do the work yourself. Noone here had any experience to begin with.

Anur

thank you, I will be sending the directions questionnaire to the court as well as gladstones. Is there any thing else that needs to be done. Also if it does go to court will the way I presented the defence matter.

Le_Kirk

Anur wrote: »

thank you, I will be sending the directions questionnaire to the court as well as gladstones. Is there any thing else that needs to be done. Also if it does go to court will the way I presented the defence matter.

If you have received a DQ (from the court not the claimant) presumably you have already, some time ago, submitted a defence. In that case what did you post earlier, was that the defence you submitted to the court or, as Umkomaas states is it a Witness Statement? Defences should be written in the third person for example NOT

I have entered through the gates.....

BUT

The defendant entered through the gates...