CPM Parking Appeal Rejected

Mana2019

Thanks guys. So here is my edits to the defence:

IN THE COUNTY COURT

Claim No.:[CODE HERE]

Between

UK CAR PARK MANAGEMENT LIMITED

(Claimant) 

- and -  

[NAME]

 (Defendant)

____________________

DEFENCE

____________________

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant is admitted to driving.

3.       The Defendant did not see the signs clearly when parked the car as the Defendant parked late at night. There was no lighting within the surrounding area. The photos shown by the parking enforcement officer were taken using flash, meaning the signs were not clearly visible (or lit) for the Defendant. There was one sign is shown on the left-hand side of the car in one of the taken photos, it was on the passenger’s side and there was no passenger present to notify the Defendant for the sign.

Is this ok?

Le_Kirk

Mana2019 said:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. The defendant is admitted to driving.

3.       The Defendant did not see the signs clearly when parked the car as the Defendant parked late at night. There was no lighting within the surrounding area. The photos shown by the parking enforcement officer were taken using flash, meaning the signs were not clearly visible (or lit) for the Defendant. There was one sign is shown on the left-hand side of the car in one of the taken photos, it was on the passenger’s side and there was no passenger present to notify the Defendant for the sign.

You paragraph 2 should be saved for the witness statement later in the process.  Signage is already covered in the standard defence template so make sure you are not contradicting or duplicating those points.  The purpose of paragraph 3 is to set the scene for the judge to explain what sort of parking area it is, for example a supermarket or other shopping complex, station, residential, office or just an open space car park.  Looking back through this thread, it seems to be a residential car park, is that the case?  If so, does your lease/AST give you permission to park there? 

Mana2019

Le_Kirk said:

Mana2019 said:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. The defendant is admitted to driving.

3.       The Defendant did not see the signs clearly when parked the car as the Defendant parked late at night. There was no lighting within the surrounding area. The photos shown by the parking enforcement officer were taken using flash, meaning the signs were not clearly visible (or lit) for the Defendant. There was one sign is shown on the left-hand side of the car in one of the taken photos, it was on the passenger’s side and there was no passenger present to notify the Defendant for the sign.

You paragraph 2 should be saved for the witness statement later in the process.  Signage is already covered in the standard defence template so make sure you are not contradicting or duplicating those points.  The purpose of paragraph 3 is to set the scene for the judge to explain what sort of parking area it is, for example a supermarket or other shopping complex, station, residential, office or just an open space car park.  Looking back through this thread, it seems to be a residential car park, is that the case?  If so, does your lease/AST give you permission to park there? 

It is indeed a residential car park. I do not have a lease/AST so no, I do not have the permission to park there. But of course, I did not know at the time as it was pretty dark when I parked and only saw the signs when I returned to the car (with the ticket on the windscreen).

Coupon-mad

So you were not visiting anyone there?  You can't just leave a car in a residents' private car park, and it is up to you to look for signs, so you will struggle in your phone hearing if you didn't have business there.  Not sure how you will explain why you parked there in your defence but give it some thought.

Your pictures of the place in darkness will be key, but photos don't get submitted yet so you have months to get them!  No daylight pics.  Your evidence is going to have to tell the story.

You can usually park on any street at night in almost any town or city after the on-street restrictions end.  I never seek out a car park at night.  Did it not look like one?  

When you re-draft, don't call the predatory self-ticketer who lurked in the dark, an 'officer' because he or she certainly wasn't one of those.   They were just some random person with their phone, uploading photos because they probably wanted a bounty reward, per PCN issued/paid:

The photos shown by the parking enforcement officer 

Mana2019

Coupon-mad said:

So you were not visiting anyone there?  You can't just leave a car in a residents' private car park, and it is up to you to look for signs, so you will struggle in your phone hearing if you didn't have business there.  Not sure how you will explain why you parked there in your defence but give it some thought.

Your pictures of the place in darkness will be key, but photos don't get submitted yet so you have months to get them!  No daylight pics.  Your evidence is going to have to tell the story.

You can usually park on any street at night in almost any town or city after the on-street restrictions end.  I never seek out a car park at night.  Did it not look like one?  

When you re-draft, don't call the predatory self-ticketer who lurked in the dark, an 'officer' because he or she certainly wasn't one of those.   They were just some random person with their phone, uploading photos because they probably wanted a bounty reward, per PCN issued/paid:

The photos shown by the parking enforcement officer 

I parked there to quickly drop off some heavy furniture after visiting my new rented flat for the first time on the way back from my friend's. Because I have not got a bed there yet, I would have to drive back to my parents after dropping the furniture. So I left my car for 5 minutes, and returned to see the ticket.

I could have parked on the street yes, but as I said above I was carrying heavy furniture by myself. Don't want to carry furniture for an extra 2 minutes, but in hindsight that is what I've should have done.

I live(d) in that block building but I do not have a permit to park there (and cannot apply for one either).

Wait, so I have to take photos of the building now? This was two years ago, some things had changed since then! Like there is active construction work outside the building, it'll be different to what it was years ago.

Who should I call the person who took the photo then? Just refer him/her as "the person who took the photos?"

The "officer's" photos should be enough I think, the officer was clearly using flash on his/her phone in a near pitch black area.

Coupon-mad

I would state:

The unregulated ticketer took prefatory photos over a period of two minutes flat using an iphone in the dark.  This was not covert or fair parking management.  He/she would have seen the Defendant unloading heavy furniture up to his new flat.  The Defendant expects the Claimant to provide a witness statement from the ticketer and to confirm how much their self-ticketers were paid by way of bounty (an incentivisation scheme now being banned by new Government regulation).

Then do an extra paragraph about the authority in the appeal case of Jopson v HomeGuard (search the forum!).

You should have told us this at first!  Jopson covers your unloading.  You were not 'parked' and tenants have to be able to unload temporarily to move in or out, or life in an estate if flats would be untenable (so said the learned Appeal Judge in Jopson). 

Mana2019

Coupon-mad said:

I would state:

The unregulated ticketer took prefatory photos over a period of two minutes flat using an iphone in the dark.  This was not covert or fair parking management.  He/she would have seen the Defendant unloading heavy furniture up to his new flat.  The Defendant expects the Claimant to provide a witness statement from the ticketer and to confirm how much their self-ticketers were paid by way of bounty (an incentivisation scheme now being banned by new Government regulation).

Then do an extra paragraph about the authority in the appeal case of Jopson v HomeGuard (search the forum!).

You should have told us this at first!  Jopson covers your unloading.  You were not 'parked' and tenants have to be able to unload temporarily to move in or out, or life in an estate if flats would be untenable (so said the learned Appeal Judge in Jopson). 

Sorry I didn't lol. I thought I parked at the time to unload furniture.
So this is what is on the defence statement:

3. The unregulated ticketer took prefatory photos over a period of two minutes flat using a smartphone in the dark.  This was not covert or fair parking management.  He/she would have seen the Defendant unloading heavy furniture up to his new flat. The Defendant expects the Claimant to provide a witness statement from the ticketer and to confirm how much their self-ticketers were paid by way of bounty (an incentivisation scheme now being banned by new Government regulation). This is similar to the Jopson v HomeGuard [2016] appeal case, where the court found in the consumer’s favour.

Everything else after paragraph 3, is a straight copy paste from the template. Is this ok?

Coupon-mad

Yep.

Google Jopson v HomeGuard snd read it and make a mental note to include that court transcript with your WS and evidence in 2022.

Mana2019

Hello all. I've moved home. How do I update my address just in case I get another letter?

Jenni_D

Send a Data Rectification Notice (DRN) to the Data Protection Office (DPO) of the parking company, advising your new address and demanding that they erase any old details. (They should then update any 3rd parties with whom they've shared your data).

You may be able to find their DPO email address on their website.