UKPCM (UK) Court date

fat.badger

Hello, wondered if anyone had any advise...

I've been following the excellent guidance off this forum for last few months but now have a court date and probably do with some specific guidance if anyone is able to?

Last year I discovered a CCJ which I managed to have set aside.

My car was parked in a communal area in the residential estate I used to live in - I got a ticket in the middle of the night - this area was in continuous use with residents and commercial vehicles who used it for loading/unloading. I was genuinely there for about 15mins on the date in question - I'd come off a night shift and I had promised to pick up my mate who'd missed his last train - I'd also left my entry key fob for the car park I had a space in inside the flat so I couldn't avoid stopping to go inside anyway - I would never have left the car there if I wasn't going out again. I remember being amazed to find a ticket thinking how did they manage that?! (they are a pretty predatory company).

Anyway.... I did an initial draft defense which in the set aside order the judge has said 'will act as my defense' - I guess I'm stuck with?

I phoned the court to confirm the claimant has paid the trial fee - so will go ahead unless they discontinue.

Do I have a chance considering the circumstances? Do I explain what happened in a witness statement? Will need to sort soon as I only have 20 days before hearing (14 days have to submit).

Many thanks in advance to any advice

Umkomaas

Do I have a chance considering the circumstances?

Everyone has a chance, but only a Judge will tell you how much of one you have. We are continually asked 'impossible' questions to answer. Regular regulars are not legally qualified.

Do I explain what happened in a witness statement?

Yes, and attach evidence to assist your case.

Post up your draft Witness Statement and hopefully a volunteer will have some time to offer any obvious pointers.

fat.badger

1. I, *****************. am the defendant in this matter. I will say as follows:

2. On the date in question (******2016) I was a resident of “***********” in which the alleged breach of the terms of parking at ‘The ******’ estate (to which ******** belongs) occurred.

3. At about 00.20am on the *****2016 I returned home from working a late shift. I unloaded furniture from my vehicle from a central courtyard which has an easement onto the road. I also needed to obtain an entry key fob from my apartment in order to park in my designated space in the resident’s car park.

4. A ticket was produced by the claimant at 00.31am which I found on my dashboard a couple of minutes later when I returned to my car to park it for the evening.

5. Due to the short timings I believe that I was being monitored from afar. I believe this constitutes a ‘predatory’ tactic which is banned by the Independent Parking Committee (IPC) code of conduct (14.1) which the claimant is an accredited member of.

6. As a resident the leasehold agreement gave me right of access over communal areas on the estate to load and unload.

7. The claimant is not party to the leaseholder agreement and is relying on breach of contract and forbidding signage which does not form the basic requirements of a contract.

8. I therefore believe that the claimant has no standing or cause of action to litigate in this matter.

9. I invite the Court to dismiss this claim in its entirety.

Statement of Truth

I believe that the facts in this witness statement are true.

KeithP

4. Was the ticket really found on the dashboard? Or was it on the windscreen?

5. The IPC changed their name to the International Parking Community several years ago - before 2016 I think.

fat.badger

thats good point - windscreen

Le_Kirk

If I was the judge, I would be asking "how did you get your car OUT of the car park and then get your fob back in your apartment?" There may be a simple explanation, i.e. the barrier/gate raises/opens automatically on exit, in which case I would be sure to point that out in my WS.

The_Deep

My car was parked in a communal area in the residential estate I used to live in

Were you still a resident when the PCN was issued? If not, what was your reason for parking there?

fat.badger

Thanks for your reply.

I was a resident at the time of parking there.

I will have to be more specific - the courtyard can be accessed by anyone from the main road - the car park is seperate entrance.


———

On a seperate note I have received Gladstone’s copy and paste job of a witness statement - one point is they have said they authority to operate and have attached an ‘agreement’ with the management agent - it says they will operate to BPA code of practice as they were then accedited memebers - now and at the time they ticketed me they were IPC memebers - is this relevant at all?

Coupon-mad

the courtyard can be accessed by anyone from the main road

OK so it is one to the public, to visit the flats or drop things off, one would presume from that. What are the signs like in the courtyard, is it obviously managed by a scammer, or not?

they have said they authority to operate and have attached an ‘agreement’ with the management agent - it says they will operate to BPA code of practice as they were then accedited memebers - now and at the time they ticketed me they were IPC members - is this relevant at all?

Yes you could say in your WS that you notice the landowner agreement says...blah blah...and the Claimant is in breach of it. Not a massive point.

Is it clear that the courtyard itself (not just the inside car park) is included in the enforcement? Have they shown a map that is signed by the landowner or attached to the agreement, or have they just used Google Street View and shown an aerial view with some dots or flags photo-shopped randomly on it?

Pick huge holes in every part of their evidence and the template WS.

fat.badger

It is open to the public - the signs are up high - on the wall

There is a site map in their witness statement with the area marked as a ‘turning circle’ and marked as an area for them to manage

Coupon-mad

Does the area look like a clearly marked turning circle in reality?

Do the signs say NO PARKING? What do the signs there say, exactly, word for word?