Claim Form for UK Car Park Management / Gladstones

Coupon-mad

The length and detail of their W.S. is quite intimidating

A template, seen here all the time, as you will have seen in all the other Jack Chapman UKCPM threads where people have sometimes shown the full WS.

wilsonf1

Hi Coupon-Mad! Thanks for tackling all my points:


1. I have created a supplementary W.S. which I could email to the court today. It’s pasted below - does it make sense to do it like this? It was Redx’s suggestion.




2. G.S.'s Auto reply will be printed to confirm receipt of W.S. on time.


3. I have printed the IPC’s CoP pages 22-24, CRA 2015 para’s 6, 10, 14 and to para 71 “Duty of the court to consider fairness of term” and Beavis paras 98, 193, 198.




4. I have made a point in my new W.S. about Jack Chapman and will have 2 printed copies from Bargpole. What I’m not sure about is can’t a judge say “Jack Chapman could just be the person from Gladstones who deals and signs these matters?” - I’m a bit confused why G.S.’s can’t use the same person to sign these?




5. I found Bargepole’s thread (https://forums.moneysavingexpert.com/discussion/6059841/court-report-ukcpm-gladstones-spanked) but with regards to complaining to the SRA, I found numerous posts on here with replies from the SRA saying G.S’s practice was OK and the matters were closed. Any tips on what I should be looking at to make a complaint that will be taken seriously?


Additional WS:

1. I am FirstName LastName, of ADDRESS, the Defendant in this matter. I am submitting a supplementary Witness Statement due to the following:

2. The Claimant failed to send me a Witness Statement by the deadline set of a maximum ‘no later than 14 days before the case hearing’. This means I should have had a copy by December 25th 2019 at the very latest. I received the Witness Statement in the post on January 3rd 2020 and it was dated December 30th 2019. This was served unreasonably late, with no application for relief from sanctions and a breach of the rules set out. My Witness Statement was emailed on December 23rd 2019 to enquiries.chelmsford.countycourt@justice.gov.uk and to enquiries@gladstonessolicitors.co.uk as instructed over the telephone by Chelmsford County Court. Proof of this is in the supplementary evidence showing Gladstones in receipt of my email.

3. The Claimant’s Witness Statement is on behalf of Jack Chapman and it is obvious that Mr Chapman has not signed the statement, but that Gladstones have electronically copied his signature from another document. Two such copies of old Witness Statements are in the supplementary evidence.


Only 3 additional points so far....

wilsonf1

Another point I'd like advice on:

FirstPort manage the estate and have done since just before my PCN (March 2018). I have the email that said parking restrictions were dropped for 3-6 weeks during March and this is in my W.S.

In Gladstones W.S. they say that CPM have a contract with Pentland Estates Management, not FirstPort so I and other residents are confused and that this is not a valid point in my W.S.

FirstPort have told me they took over for Pentlands. I guess I have 2 questions: 1) does the contract just transfer from Pentland to FirstPort and 2) Is it not a point of contention that Gladstones should know that CPM have a contract with FirstPort and not Pentlands anymore? They have supplied me a contract that says Pentland on it...

If I can use this and add it to my mini W.S. above please let me know.

Coupon-mad

What I’m not sure about is can’t a judge say''Jack Chapman could just be the person from Gladstones who deals and signs these matters?'

Nope, because the first line of these witness statements that Gladstones allegedly write themselves, says Jack Chapman works for the Claimant company, UKCPM!

I suspect he exists, just as Dyl Kurpil of District Enforcement (another PPC) exists because we know he does, and Gladstones managed to mock up a 'witness statement' supposedly signed by him (an ex copper...!) where his name was spelt wrong. How likely is it an ex-copper would sign such a statement?! We think not, and that has gone to the SRA as part of the complaints, but most of them show the SRA that Gladstones are copying & pasting generic WS for UKCPM with a facsimile signature, where in some cases due to the dates suggested, 'Jack' cannot possibly have seen or signed it.

That's something that falls below the StaRs (the SRA's standards for solicitor firms).

I found numerous posts on here with replies from the SRA saying G.S’s practice was OK and the matters were closed.

Errrrmmm, specifically about the Jack Chapman issue? That complaint is NOT closed, it's ongoing and I've seen the SRA's latest response to bargepole this week and they are aiming to investigate this and have an outcome by March.

Please send your complaint to the SRA like the others, attaching your version of Gladstones's WS (not the evidence attached, just the 2 page WS). Email to this Investigation Officer:

James.Allen@sra.org.uk

We want the SRA to see more examples of this pattern and that these WS are conveyor-belt (allegedly, Gladstones' own) templates and - on the balance of probabilities - not written by the people whose facsimile signs have been screen-dumped on the bottom.

Only 3 additional points so far...

Add more:

#4. I have reported Gladstones solicitors to the Solicitors' Regulation Authority in view of the fact that this Witness Statement is a template and almost exact match for others, is not written by any UKCPM employee and that is it unlikely, on the balance of probabilities, that the UKCPM employee whose facsimile signature had been screen-dumped at the bottom, has even seen the statement let alone signed it. The SRA are known to be currently actively investigating these specific 'Jack Chapman' signed witness statements which have been sent to the SRA due to an apparent failure to ensure that the UKCPM witness has written, read and signed it himself. This appears to be a serious abuse of the Court process and compromises the Claimant's entire position.

#5. I am aware that this person 'Jack Chapman' will not appear to be questioned and my position as Defendant is prejudiced in view of the background and current ongoing SRA investigation. In view of this and the lateness of the service of the 'statement' from the solicitors who appear to have churned out a template themselves, the Defendant asks that the WS and the enclosures are considered hearsay at best, and disregarded.

#6. I would like the Court to consider awarding my full costs. It is my position that this purported Witness Statement is a false instrument and is the final straw in a long list of vexatious and 'wholly unreasonable' conduct on the part of the Claimant, in this case. A revised costs schedule is appended to this statement, setting out actual costs incurred by the Defendant which are now sought, on the Indemnity basis*.

#7 (in your own words, with attachments to illustrate what you mean):

FirstPort manage the estate and have done since just before my PCN (March 2018). I have the email that said parking restrictions were dropped for 3-6 weeks during March and this is in my W.S.

In Gladstones W.S. they say that CPM have a contract with Pentland Estates Management, not FirstPort so I and other residents are confused and that this is not a valid point in my W.S.

FirstPort have told me they took over for Pentlands. I guess I have 2 questions: 1) does the contract just transfer from Pentland to FirstPort and 2) Is it not a point of contention that Gladstones should know that CPM have a contract with FirstPort and not Pentlands anymore? They have supplied me a contract that says Pentland on it...

If I can use this and add it to my mini W.S. above please let me know.

Yes! It is further evidence that the person writing the WS does not know what the statement writer is talking about, in terms of who the client landowner/agent actually is at the present time. If this WS was to be considered by the court, despite arriving very late, then anomalies like this and the Jack Chapman facsimile signature that matches all the others reported to the SRA, show that the Claimant has probably not been involved in drafting, reading or writing it, so it is not a 'witness statement' at all.



* see the thread by mercutieo and prepare a far higher costs schedule:

https://forums.moneysavingexpert.com/discussion/comment/76668847#Comment_76668847

wilsonf1

Thank you so much! I understand all of that. Shall I email it to both the court and Gladstones stating that this is a supplementary WS I wish to be considered on the basis Gladstones WS was so late?

Le_Kirk

Yep, everything you send to the court (file) has to be sent to the claimant (serve).

wilsonf1

Here is my supplementary W.S, ready to email this evening if you think it's good to go?

I am looking for Bargepole's SRA complaint thread now and must submit my own complaint otherwise point 5 below is not truthful - YET. Thank you for your feedback.


In the County Court at Chelmsford

Claim No. XXXXXX

Between

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

Mr XXXXXX XXXXXX (Defendant)





---


Witness Statement


---

1. I am XXXXXX, of XXXXXX, the Defendant in this matter. I am submitting a supplementary Witness Statement due to the following:

2. The Claimant failed to send me a Witness Statement by the deadline set of a maximum ‘no later than 14 days before the case hearing. This means I should have had a copy by December 25th 2019 at the very latest. I received the Witness Statement in the post on January 3rd 2020 and it was dated December 30th 2019. This was served unreasonably late, with no application for relief from sanctions and a breach of the rules set out. My Witness Statement was emailed on December 23rd 2019 to enquiries.chelmsford.countycourt@justice.gov.uk and to enquiries@gladstonessolicitors.co.uk as instructed over the telephone by Chelmsford County Court. Proof of this is in the supplementary evidence showing Gladstones in receipt of my email.

3. The Claimants Witness Statement is on behalf of Jack Chapman and it is obvious that Mr Chapman has not signed the statement, but that Gladstones have electronically copied his signature from another document. Two such copies of old Witness Statements from other cases are in the supplementary evidence.

4. I have reported Gladstones solicitors to the Solicitors Regulation Authority in view of the fact that this Witness Statement is a template and almost exact match for others, is not written by any UKCPM employee and that is it unlikely, on the balance of probabilities, that the UKCPM employee whose facsimile signature had been screen-dumped at the bottom, has even seen the statement let alone signed it. The SRA are known to be currently actively investigating these specific Jack Chapman signed witness statements which have been sent to the SRA due to an apparent failure to ensure that the UKCPM witness has written, read and signed it himself. This appears to be a serious abuse of the Court process and compromises the Claimants entire position.

5. I am aware that this person Jack Chapman will not appear to be questioned and my position as Defendant is prejudiced in view of the background and current ongoing SRA investigation. In view of this and the lateness of the service of the statement from the solicitors who appear to have churned out a template themselves, the Defendant asks that the WS and the enclosures are considered hearsay at best, and disregarded.

6. The Claimant has made a two points in their Witness Statement (points 36 & 37) regarding their contract with Pentland Estate Management. I can confirm that First Port Property Management Services have held the contract at St Johns Wood Street since March 2018 and specifically is managed by XXXXXX XXXXXX who I have spoken with on the phone to confirm this. It is completely refuted that the Defendant is confused (as stated in the Claimants Witness Statement) as to who manages St Johns Wood Street or who the Claimants company has a contract with. They are in fact two different companies. This is further evidence that the person writing the WS does not know what the statement writer is talking about, in terms of who the client landowner/agent actually is at the present time.

7. I would like the Court to consider awarding my full costs. It is my position that this purported Witness Statement is a false instrument and is the final straw in a long list of vexatious and wholly unreasonable conduct on the part of the Claimant, in this case. A revised costs schedule is appended to this statement, setting out actual costs incurred by the Defendant which are now sought, on the Indemnity basis.

Statement of Truth


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


Signature: XXXXXX

Date: 05/01/2020

wilsonf1

I have finally found Coupon-Mad's post 14 on Abuse of Power thread:

https://forums.moneysavingexpert.com/showpost.php?p=75937581&postcount=14

I really wish I'd had a lot of those points in my original W.S.

I've printed the para's from Beavis, CRA2015 but not haven't really argued them well in my original W.S. I just said I'll be referring to them.

I cannot find this Bargepole SRA post. I'm going round in circles and in a sea of tabs in Chrome!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/6059841/court-report-ukcpm-gladstones-spanked

https://forums.moneysavingexpert.com/discussion/comment/76396709#Comment_76396709

Redx

to find a post by Bargepole , just click on his name and show all posts , to see all of them , then work backwards