Claim Form Received - Case Struck Out - Remote Hearing

Redx

read this winner where the Jack Chapman signature and other issues like the fake £60 came up

https://forums.moneysavingexpert.com/discussion/6017649/county-court-claim-private-pcn-from-uk-cpm&page=5

KeithP

Well, even the first line of that comical Witness Statement is a joke.

There is no 19 New Road within the postcode W1B 3HH.

The 19 New Road is in Brighton, with a postcode of BN1 1UF.

According to the Contact Us page on their website, UK Car Park Management Ltd have two addresses:



Clearly Mr Chapman doesn't know this.

HeavyEvy

KeithP wrote: »

Well, even the first line of that comical Witness Statement is a joke.

There is no 19 New Road within the postcode W1B 3HH.

The 19 New Road is in Brighton, with a postcode of BN1 1UF.

According to the Contact Us page on their website, UK Car Park Management Ltd have two addresses:



Clearly Mr Chapman doesn't know this.

Hadn't even looked at such detail...
Thanks KeithP you just put a big smile on my face and I actually laughed out load...

HeavyEvy

Folks,

Now that I have this WS is there any value in a short supplementary WS from me?

This would include example images of other Jack Chapman 'copy and pastes' and why I believe this was written by Gladstones not the mythical Jack Chapman. I'd also include a couple of points about the errors in their WS where they refer to the wrong address, refer to the wrong defense, say I haven't appealed but then say my appeal was rejected etc.

I don't want to give the DDJ so much to read that they get annoyed with me. My original WS was large and I already included aspects of the £60, Unfair Terms and CMA Guidance in there as well as some unreferenced evidence such as the POPLA note about not presuming keeper was the driver (thought it might be needed).

Alternatively I could just have this destruction of their WS as part of my notes for the day.

Redx

I would do the supplementary WS and add in those extras, especially as you cannot ambush the opposition on the day, so get it in beforehand to the claimant and to the court, then take copies , just in case, you can then bring it up

we have had a few winnders in court recently, especially this week, so why are you not looking at what they did and doing the same ? they had received late WS and added the Jack Chapman signature as A supplementary WS etc hence why I said

I would

Coupon-mad

HeavyEvy wrote: »

Hadn't even looked at such detail...
Thanks KeithP you just put a big smile on my face and I actually laughed out load...

Include the observation about the address in your own email complaint to the SRA guy please, as shown in the other Jack Chapman threads, as it wasn't pointed out to the SRA before.

It is worth adding to the complaints to point out that an employee of UKCPM - who are in fact based mainly in an office (if you want to call it that) in Worthing, West Sussex - would NOT make such a mistake with a central Brighton BN1 postcode at all, let alone repeating it again and again, hundreds of times over in 2019 and this WS is very clearly a Gladstones-written template, contrary to the standards required for a solicitor.

We need EVERY poster with this WS to make a SRA complaint like the others, copy them! Send the SRA the WS you have there, by email, and help the shht hit the fan.

I also agree with Redx and you can add the last minute stuff by copying the fantastic example skeleton argument used successfully by the poster linked in post #52.

dufflers

Respectfully the resident may have a right to park

highlight that, include your tenancy agreement and let the judge know that the claimant agrees with you that you had a right to park and therefore they have no case :cool:

HeavyEvy

Hi Folks,

So following the wonderful support and advice you are giving I have been drafting a Supplementary Witness Statement and a Skeleton Argument (may not send this, might just use it as a crib sheet, I already feel bad for the Judge who has to read through all the documents in this case). The intention of the Supplementary Witness Statement is simply to add additional evidence/examples of the fascimile signature of Jack Chapman and the Skeleton Argument is to try and concisely summarise everything down as compactly as possible.

But I think I am starting to mix up the two aspects....

Does the text below work as a Supplementary Witness Statement or is it better in the Skeleton Argument?

If I only want to add the signatures as additional evidence can I do so in a more succinct way, literally a one paragraph "please can I add the following evidence"? It would then be less onerous on the Judge and I could summarise the stuff below even more in a Skeleton Argument.

Thanks.

1 Preliminary

1.1 Having received the Witness Statement from Mr Jack Chapman, an employee of the Claimants Company, I would like to submit the following Supplementary Witness Statement and evidence.

1.2 Included with this Supplementary Witness Statement is additional Evidence, marked as SEP01, SEP02 etc, which I would like to refer to during the hearing.

2 Witness Statement Has Not Been Signed

2.1 The Witness Statement appears to not actually have been signed by Mr Jack Chapman. Instead the Witness Statement includes an image of Jack Chapman’s signature.

2.2 A formal complaint has been sent to the Solicitors Regulation Authority (SRA) about a similar UKCPM case where this exact same 'electronic image of a signature' was exposed to be a facsimile and could not have actually been produced by Mr Jack Chapman on the date stated, or at all.

2.2 In two cases in October 2019 (Claim Numbers E9GF9M7K and E4GF8M1R, UKCPM -v- Mrs A, before Deputy District Judge Chohan at High Wycombe) a comparison of the signatures on these two Witness Statements showed that the signatures are 100% identical in every respect. It is highly improbable, if not impossible, that any person would sign their name twice in a completely identical manner on two separate occasions, three months apart.

2.3 The same facsimile ‘electronic image of a signature’ has been used on the Witness Statement sent to me. Examples of the ‘electronic image of a signature’ taken from other UKCPM/Gladstones Witness Statements have been included in SEP01 for the court to compare with the ‘signature’ used on the Witness Statements sent to the court and to the Defendant in this case.

2.4 The complaint to the SRA continued: ''The only possible conclusion to be drawn from this, is that Gladstones have copied, traced, or otherwise forged Mr Chapman's signature, and that in fact Mr Chapman has never seen or signed these statements.” This is particularly relevant in the case of the second statement, which was emailed to the Defendant in that case on the day after it was created. Gladstones are based in Knutsford, Cheshire, whereas the Claimant Company are situated in West Sussex. Unless they couriered it by helicopter, it is clear that Mr Chapman could not have signed it.

2.5 In this case the claimants Witness Statement was sent to me by post and arrived, late, on the 06th of December 2019, the envelope having been franked the day before and the Witness Statement supposedly having been ‘signed’ on the 03rd of December 2019.

2.4 This is a significant and serious act of dishonesty, for which Lesley Layton of Lance Mason Solicitors was struck off the roll in 2017.

2.5 The complaint against Gladstones Solicitors, the Claimant’s legal representative in this case, suggested that the SRA needs to take urgent action on this matter, as it is more likely than not that this is an ongoing and regular practice. It is understood that this complaint has resulted in an investigation into Gladstones Solicitors.

2.6 In the case of UKCPM v Mrs A, on 17th October 2019 at High Wycombe, Deputy District Judge Chohan struck out both conjoined claims. He also agreed that the two factors of late service, and a defective Witness Statement, crossed the threshold of unreasonable behaviour, and awarded Mrs A her full costs in the sum of £331.80, which he remarked was a very reasonable figure.

2.7 The Claimants Witness Statement used in my case has the exact same facsimile signature. It is a templated statement that is full of inconsistencies, contradictions and attempts to mislead the court by misrepresenting information and 'Jack' from UKCPM is highly unlikely to be present so that he can be cross examined on these extremely serious issues.

Coupon-mad

Send it as a supplementary WS in advance or the Judge might rule it inadmissible.

HeavyEvy

I cannot believe this...well actually I can, I said to someone only last week I bet it gets delayed.

My case was going to be heard on Thursday. That date was set by the courts over 4 months ago and this has been dragging on for over two years now with almost no break in the bombardment of paperwork.

Added to all the other things life throws at us its taking a serious toll on my mental health, if I'm honest I came very near the end last year.

I have just received an email from the court to say they are cancelling because there is no Judge and that they will rearrange it to hopefully be heard in the next 4 months!!!

I have zero confidence this will happen. They planned this date 3-4 momths ago and couldn't stick to it. Utterly useless oxygen thiefs.

Is there anything I can do to make this happen or at least get some recompense for the added grief the courts are now going to cause me!!! I'm hoping I can cancel my day off work, if not thats an additional day i'll lose.