Parking in own space: issued with claim despite previously winning at County Court

Coupon-mad

This was why I said the following, you had a chance to ask for a costs hearing, 5 mins with the Judge:

What you MUST do is attend and see the Judge to make the case for your costs, even if the court tells you on the day that both cases have been discontinued and to go home. DON'T. Just saying!

You needed to see the Judge. I doubt this will go ahead at all now.

Try writing to the Judge with a copy of your costs schedule and explaining that the failing lies with the Claimant, both cases were never advised to have been discontinued, and you attended and would like the court to grant your costs.

nosferatu1001

Indeed - and point out how unreasonable their behaviour is - they didnt notify in good time, anyone involved, and even their OWN counsel didnt realise it have been discontinued!

UKCPM_Suck

So I've had a letter from the county court apologising for accidentally delisting my outstanding case. The court says it made a clerical error and has now rescheduled the hearing for week beginning 4th November.

I guess I will need to go through all this again... but at least I have my case prepared. There's nothing more I need to do as regards submitting my defence as I've already done this?

I wasn't able to see the judge on the previous occasion as he wasn't in court that day. Can I claim costs against the court given their admission, as well as UKCPM. How will that go down with the Judge?

Meanwhile, Gladstones have written to me regarding another ticket they are chasing (same situation) and making comments regarding my leasehold clauses and estate regulations which refer to following any parking restrictions in place at the time. I'd always thought if leasehold doesn't specifically mention requirement to display permit then this not relevant. I need some advice on this as well - a separate thread or can I set out the 'issues' they have here?

Coupon-mad

Claim ALL costs for all hearings, from the Claimant, and take along the recent letter and when you win, ask the Judge to rule that any further claims filed about the same facts are debarred or at least can only be filed with his/her prior permission if the facts significantly differ.

UKCPM_Suck

I finally had my hearing earlier this week and success! The judge dismissed the claim against me by UK CPM and awarded costs for unreasonable behaviour (just short of £500). The judge stated that the conduct of UKCPM had been unreasonable for failing to offer an explanation as to why part of the claim had been discontinued. He also found there was insufficient evidence of a contract being in place to run a parking management service. The document provided by UKCPM was redacted rendering it impossible to understand, did not contain the agreement of the freeholder and was in any event signed only by UKCPM (so they were self-authorising with no authority from the freeholder and management company). I hadn't even noticed this golden nugget in the bundle provided, but the judge was clear this omission stood out like a mile, and was the grounds to dismiss the claim. The claimant's legal representative was at a loss to explain, and stuttered on about the contract formed through the signage as being sufficient. The judge was having none of it.

I got to say a little about the unreasonable behaviour of UKCPM over the years and their roboclaim model, which I think the judge might have enjoyed and certainly made me feel better. The claimant's solicitor made a sarcastic comment about defendants trawling internet sites, cut and pasting their defences and taking up valuable court time as a result. I retorted that it was their conduct that was wasting the court's time, I'm not a legal expert and I had undertaken my research as best I could and my statement still needed to be truthful in court. I don't think the judge was at all impressed with this performance.

We did not get into the substantive part of my defence - the leasehold and primacy of contract. The judge remarked it would be disproportionate to do so, and I was happy to quit while ahead. He hadn't read the papers, which concerned me a little. But we soon got into the facts of the case and he was quick to pull apart UKCPMs claim and lack of evidence regarding the contract.

The judge refused to rule against further claims filed with the same facts - which I was disappointed at. I wonder whether this was how I presented the argument - it wasn't brilliant - and he wasn't prepared to entertain it. I suspect I will be back in court on a future occasion to defend the next claim.

Overall a good result and a big thanks to the advice on this forum, which has kept me going and encouraged me not to give in to these con merchants.

Umkomaas

Excellent result, very well done especially on getting costs based on UKCPM's unreasonable behaviour - normally a very high bar.

ANOTHER ONE BITES THE DUST!

He also found there was insufficient evidence of a contract being in place to run a parking management service. The document provided by UKCPM was redacted rendering it impossible to understand, did not contain the agreement of the freeholder and was in any event signed only by UKCPM (so they were self-authorising with no authority from the freeholder and management company)

In view of this quite clear statement from a Judge, why not give the PPC a dose of their own medicine by making life uncomfortable for them?

Write to the DVLA and complain that a Judge has grave doubts that the PPC has authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

ccrt@dvla.gov.uk

If you get a fob off from that approach, follow it up with a full blown Freedom of Information request. It will be more difficult for them to hide under FOI.

https://www.whatdotheyknow.com/

You might also consider issuing the PPC a Letter of Claim prior to a possible county court claim for breach of the DPA. Read these:

http://parking-prankster.blogspot.com/2017...0-for-data.html

http://parking-prankster.blogspot.com/2016...orist-wins.html

https://www.parkingcowboys.co.uk/data-protection-act/

There has to be some process of backlash against PPCs to make them think twice before issuing tickets on a scattergun basis and their unchecked harvesting of personal data from the DVLA on an industrial scale.

The judge refused to rule against further claims filed with the same facts - which I was disappointed at. I wonder whether this was how I presented the argument - it wasn't brilliant - and he wasn't prepared to entertain it. I suspect I will be back in court on a future occasion to defend the next claim.

Should another court claim come your way, check out the legal term res judicata

Coupon-mad

I finally had my hearing earlier this week and success! The judge dismissed the claim against me by UK CPM and awarded costs for unreasonable behaviour (just short of £500).

Yay! Well done.

Now wait for the short judgment order to come though, take a copy of it and reply to Gladstones' recent letter with a simple:

Fancy another pop? I suggest you tell your clients to cancel any outstanding PCNs and hurry up and send me the cheque for the case won this month (see attached judgment).

UKCPM_Suck

Well guess what ... I had another County Court Claim pop through the letter box this morning for not displaying a parking permit in my own residential bay. The same parking bay that has been subject to three previous failed claims that have gone to court.

This really is unbelievable. I thought they would leave me alone now they have been so resoundingly rebuffed by the District Judge.

So of course I will defend myself once again. But I really want to take the fight to them this time and ensure I claim even more costs for their unreasonable behaviour.

I will need to respond to the acknowledgement of claim within 14 days and file a defence within 28 days. My key points will be the same as before (leasehold) but I will also go after their contract as I don't think it is sufficient or correctly authorised. I will follow up on the points above about writing to the DVLA and will write to my MP this time. And I will claim costs for unreasonable behaviour - is a repeated claim on a same facts case unreasonable?

What else could I do and in what order? I will then research the forums and revert. I am so hacked off. This is war!

Le_Kirk

Get them removed from the area, parking companies have no need to infest residential properties. Get onto the management company or freeholder. Talk to other residents.

Umkomaas

Check out the legal term Res Judicata.