UKCPM - own parking space

Callisto1610

Hi folks,

Long story short, I've got PCN on 15/03/18 for parking in my own parking space "without permit". On 16/04/18 I received the NTK. It was a turbulent period for me at the time and I missed the appeal deadline. Got the LBC in February. Asked for SAR. And now the case is in court. I've compiled my Defence and Witness statement based on the advice in this forum. Didn't post it here as I've left it to last days and had it done just before the deadlines. But now I am curious about the following.

Notice of Allocation to the Small Claims Track states:

The Following Directions apply to this Claim:

6) Each Party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm on 14th October 2019

8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

I've got the Gladst0nes witness statement in the post on 19th October (it's dated 17th inside)

So can I somehow ask the judge to follow this order and disregard their statement/evidence and maybe even strike out the case as they clearly haven't complied?

KeithP

Did you deliver to the other party and to the court office copies of all documents on which you intend to rely at the hearing no later than 4pm on 14th October 2019?

In other words, did you file your Witness Statement and evidence with the court and send a copy of those to the Claimant by 14th October?

Coupon-mad

So can I somehow ask the judge to follow this order and disregard their statement/evidence and maybe even strike out the case as they clearly haven't complied?

Yes you can. Was it signed by Jack from UKCPM?

You need to read bargepole's thread from earlier this week and compare the signatures of this 'Jack', if so.

Callisto1610

KeithP wrote: »

Did you deliver to the other party and to the court office copies of all documents on which you intend to rely at the hearing no later than 4pm on 14th October 2019?

In other words, did you file your Witness Statement and evidence with the court and send a copy of those to the Claimant by 14th October?

Yes, I've taken it to the court myself on 11th and sent it electronically to GS on 14th 3:50pm

Coupon-mad wrote: »

Yes you can. Was it signed by Jack from UKCPM?

You need to read bargepole's thread from earlier this week and compare the signatures of this 'Jack', if so.

Yes it is signed by Jack. Sorry can you point me which Thread I need to read and does it make any difference if it's signed by 'Jack' or someone else?

I guess usually the deadline is 2 weeks before the hearing, but In this case judge has give 3 weeks and because it's all automated on their side, they haven't read the actual Directions from the court.

Is there a template for the letter I can send to the judge regarding this?

Coupon-mad

I have pointed you to the thread, I told you the author, that tells you how to find it easily, from the members' list.

It's important we don't provide links and that all newbies on this forum get a bit a crash course in how to use the forum for quick research, in case we are not answering quickly one day.

You need to read it - it might win your case...

Callisto1610

Coupon-mad wrote: »

I have pointed you to the thread, I told you the author, that tells you how to find it easily, from the members' list.

It's important we don't provide links and that all newbies on this forum get a bit a crash course in how to use the forum for quick research, in case we are not answering quickly one day.

You need to read it - it might win your case...

Sorry I missed the part that he is the author. Found the thread hxxps://forums.moneysavingexpert.com/showthread.php?t=6059841

So no need to send a letter to the judge. Just state it in the beginning of the hearing? Because in my case there is still a bit of time. The hearing is on 7th of Nov.

Also Bargepole can have many copies of "Jack's" signature as he is dealing with them every day. In my case I only have it in their WS. I think I can't use it against them, can I?

The_Deep

It's important we don't provide links and that all newbies on this forum get a bit a crash course in how to use the forum for quick research,

On the contrary, it is important imo that we do.

Many come here unfamiliar with fora, and may be put off by failing to find information which you could easily link to. You are behaving like the Prime Minister CM.

Here are some links for you OP.

https://www.parkingcowboys.co.uk/residential-parking/

https://parking-prankster.blogspot.com/2016/11/residential-parking.html


https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Coupon-mad

Callisto1610 wrote: »

Also Bargepole can have many copies of "Jack's" signature as he is dealing with them every day. In my case I only have it in their WS. I think I can't use it against them, can I?

No idea where the problem is, bargepole showed the link, what more do you need?

Callisto1610

Coupon-mad wrote: »

No idea where the problem is, bargepole showed the link, what more do you need?

I would love to use it obviously, but I am not sure what to say if I'm asked where have I got it from? "On the Internet forum posted by @bargepole" sounds funny as you can find all sorts of things on the internet. I can produce 100 of copies of this myself, doesn't mean I can use it in the court. Especially they are only the last pages of the WSs

hxxps://dropbox.com/sh/0peh5y3jjx43jl0/AAAGDPMrH1y3hJnQhyK9SGr6a?dl=0

Coupon-mad

You can certainly use them and they were supplied by a person who is legally qualified and appears in court regularly, hence how he had more than one version and has made them available for other Defendants, and explained how he won a case by raising this VERY SERIOUS issue, i.e. that UKCPM did NOT sign their WS...

You seem to be missing the fact this is the Claimant's claim to prove and your job is to put them on the spot.

This is a winning point and the Judge will be annoyed with them, not you.

It is perfectly OK for you to use online resources and experts who give their time free.

Callisto1610

Coupon-mad wrote: »

You can certainly use them and they were supplied by a person who is legally qualified and appears in court regularly, hence how he had more than one version and has made them available for other Defendants, and explained how he won a case by raising this VERY SERIOUS issue, i.e. that UKCPM did NOT sign their WS...

You seem to be missing the fact this is the Claimant's claim to prove and your job is to put them on the spot.

This is a winning point and the Judge will be annoyed with them, not you.

It is perfectly OK for you to use online resources and experts who give their time free.

So should I have something like this in my skeleton defence?

1. Claimant had not complied with the court order to serve the WS no later than 4pm on 14th October with no application for relief from sanctions. I've received it on 19th and being away for holiday as stated in my DQ had little time to prepare for the hearing.
2. It is obvious that Mr Chapman had not signed the statement, but that Gladstones had electronically copied his signature from another document. Copies of signatures used in
Claim Nos. E9GF9M7K and E4GF8M1R, UKCPM -v- Mrs A, before Deputy District Judge Chohan at High Wycombe attached.