Court Action for UK CPM Parking Ticket

Penguin_123

Thank you coupon-mad, I have amended point 2 as follows and removed the secret code. ha.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date on the pavement at XXXX Business Park. The vehicle was insured for 2 drivers and the Defendant was not the driver on the material date.

I have received the SAR from UKCPM, however they have not sent any photo's of any signage/contract. The picture of the vehicle does however show a parking sign on the wall nearby but this is not readable in the photo. What would you advise on this?

Thank you.

Coupon-mad

You can either:

- wait until witness statement & evidence stage, or
- email Gladstones and point out they've failed to show you the contract they allege was breached, and you want to see it (pics of the signs) now, or
- go there yourself and take some damning photos for your own WS/evidence.

Penguin_123

Thank you very much coupon-mad. Your help is very much appreciated.

Penguin_123

Hi
I have an update on my case....I am able to send an amended defence by 4th October as the judge allowed for a new particulars of claim to be sent to avoid the claim being struck out which has been provided. (I know cutting it fine. I have been trying to work this out by reading up on the forum and I am struggling). Can anyone help with what amends I require for my defence and what I should be focusing on as it appears that they have satisfied POFA and have now provided amended particulars of claim. Also what costs do they mean in point (4) of the claimant claims section? i remember reading a limit to what they can claim. Any help would be greatly appreciated.I have added as much info as poss below from the 'general form of judgement or order' I received and the 'particulars of claim'. Lastly - can the amended defence be sent via email to the courts and solicitor? Thank you.

So I received a 'general form of judgement or order' stating that
1) 'The particulars of claim do not comply with CPR 16.4(1)(a) and are by this order struck out'
2) The claimant must file and serve particulars of claim by x date:
a) whether claim is brought under schedule 4 of POFA
if so
b) by ref to definition relevant obligation in para 2 of schedule 4 of POFA, whether it is alleged that the claim is based on a relevant obligation
i) arising under terms of a relevant contract or
ii) arising in any circumstances where there is no relevant contract, as a result of trespass or other tort committed by parking the vehicle on the relevant land.
c) If a contract is alleged, what was the consideration provided by the claimant and what was the breach of contract.
d) if no contract is alleged, what was the trespass or other tort committed by parking the vehicle on the relevant land
If the claim is not brought under POFA
e) The cause of action and how it arose
f) If the cause of action is breach of contract, the parties to the contract, the consideration provided by the claimant and the alleged breach of contract
3) If the claimant fails to comply with the above direction, the claim shall be struck out automatically and without further order.
4) If the claimant complies with this order, the defendant may send to the court and the claimants solicitors a defence in substitution for the defence dated xx by 4pm on 4 Oct 19.
5) At the expiry the file will be referred back to the judge for further case management.

So the new particulars of claim are:
1. The claimant is a parking operator managing the land at xxx ("the land")
2. The claimant installed signs (ie. "the contract") on the land that sets out the terms of parking. A copy of the contract is attached
3. The claimant entered in to the contract with the driver of the vehicle reg xxx, schedule below (inc PCN No, date, location & 'Unauthorised parking' as description.
4. Through the parking as described above, pursuant to the contract, the driver accepted the claimants terms and was issued with a PCN for the sum set out in the contract ("the relevant charge")
5. The driver failed to pay the relevant charge within 28 days ("the relevant period") or indeed at all. The relevant charge now forms the substantive element of this claim.
6. In addition to the relevant charge the claimant claims £60 in general damages as a predetermined and nominal contribution to its actual losses suffered as a result of the relevant charge not being aid within the relevant period.

Registered Keeper
7. The defendant is the registered keeper of the vehicle
8. Pursuant to sch 4 of POFA, the claimant has the right to recover any unpaid parking charges from the keeper of the vehicle and the 'keeper' of the vehicle is presumed to be the registered keeper, unless the contrary is proven.

Claim for interest
9. The claimant claims interest under 3.69 of CCA 1984 at a rate of 8%...continuing at a rate of £0.04 per day..

Claim for costs
10. The claimant claims costs on a contractual (indemnity) basis, pursuant to CPR 44.5, as the contract contains an expressed indemnity clause permitting them to do so.

And the claimant claims
(1) the relevant charges as a debt
(2) Damages for the Defendants breach of contract in the sum of £60 as set out above
(3) Statutory interest as set out above
(4) Costs on a contractual (indemnity) basis pursuant to CPR 44.5, together with the fixed fees and costs of issuing.

Coupon-mad

Why are you so easily convinced that they complied with the POFA...because they say they did?!

'no parking outside a marked bay'

...could be argued to be a prohibition, such that there was no consideration provided by the claimant. No offer allowing parking, only banning parking, where the car was parked.

Search the forum for PCM v Bull defence and amend your defence by adding in some sections about that.

Also object to the fake added costs, by adding in the long wording I posted in post #14 of beamerguy's ABUSE OF PROCESS thread, too.

But what you need to do in terms of an amended defence is strike out the parts of the defence you do not want (if any) then add to your defence in RED the parts you are adding or changing.

So, any bits you do not need are struck through in black line and the added parts must be in red.

You must start with your existing old defence and 'amend' it exactly like that, which is the accepted format to pleas the Judge, keep him/her onside!

KeithP

The Order said:

4) If the claimant complies with this order, the defendant may send to the court and the claimants solicitors a defence in substitution for the defence dated xx by 4pm on 4 Oct 19.

'A defence in substitution for the defence dated xx' makes it far simpler for the Defendant to supply a completely new Defence, rather than messing about with strikethoughs and red pen.

Coupon-mad

Yes, you are right, good spot. So the OP needs to adapt any other PCM v Bull defence, and add in the abuse of process wording about the fake added costs.

Penguin_123

Wow you guys are quick Thanks for your comments. I will look to adapt a PCM v Bull defence.

Coupon-mad wrote: »

Why are you so easily convinced that they complied with the POFA...because they say they did?!

I was referring to the claimant including the relevant parts in their NTK and within the time limits per POFA, so they are able to come after the keeper, even though I wasn't the driver. I didn't consider the other parts when writing that.

Also as the case is now with my local court can I still email the defence?

Thanks.

KeithP

Penguin_123 wrote: »

Also as the case is now with my local court can I still email the defence?

Thanks.

Yes, to your local court.

Courtfinder, google it, will find info on your local court, including an email address.

Send it the same way you did your original Defence, but this time to your local court.

Remembering of course, to send a copy to the Claimant, as instructed in the Order.

Penguin_123

Perfect, thanks Keith

I will be okay to send to Gladstones by email too?