CPMS - LETTER OF CLAIM RECEIVED UPDATE 2021 - FINAL WITNESS STATEMENT HELP

greengeko

Final draft before proofread and submission with the changes as advised.

Apologies for the multiple posts - it was quick than redacted the entire document again.

Again deeply thankful to everyone!

SayNoToPCN

You have not proven your costs; you need to show 
- loss of pay
- loss of leave

Work out how you will do that, and exhibit it

Coupon-mad

Looks long but detailed (shorter than a typical WS from a PPC!).

greengeko

Hello everyone,
Just wanted to update regarding the outcome of the case - Dismissed in my favour with fixed witness costs awarded!!!

The main point that the judge focused on was whether or not a contract had not been formed - but they acknowledged there were other issues within the case (that would be resolved depending on whether or not a contract had been formed).

It was decided there was no evidence that the landowner had given them permission to manage the land (see point in previous posts - worthless agreement between CPMS and unknown management company who were not the landowners according to the land registry) and that there were no reasonably visible signs containing terms and conditions from where the vehicle was parked (no evidence provided by the Claimant etc.) and therefore no contract was formed.

All ran really smoothly and judge was very approachable and professional (Looking at their background on google afterwards they seem to be specialist in contract law)

I'll update this thread with my completed and updated WS and the order from the courts when I receive it so hopefully it is helpful for people in the future!

Thank you again everyone that contributed!

beamerguy

WELL DONE ..... and a good judge.
It really beggars belief that BWL did not know about this, that is true incompetence

D_P_Dance

The PPC may have obtained your details without due cause for the DVLA, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

and consider a complaint  to he landowner, your MP, the ATA, the DVLA,  Trading Standards and the ICO.

Snakes_Belly

Well done.  Sounds as if your hearing was a very positive experience for you. 

I bet the driver did not buy the flat. Not the best recommendation is it to receive a parking ticket on a viewing? 

Umkomaas

Super result, well done. 👍

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

Write to the DVLA and complain that the Judge in your case was clear that the PPC has no 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 (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

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. 

KeithP

I agree with everything that @Umkomaas has said. More checks are needed by the DVLA.

In addition I suggest that you send your Member of Parliament a copy of everything you send to the DVLA. Hopefully your MP can 'encourage' the DVLA to do the right thing.

Coupon-mad

Well done!

ANOTHER BW LEGAL / CPMS ONE BITES THE DUST!