UK carpark managment (a defence draft)

mahrez1980

PREPARING A DEFENCE SEE TEMPLATE PLZ
ANY HELP IS MUCH APPRECIATED

PARKED ON PRIVATE LAND FOR 13MIN EXACTLY,COME BACK TO FIND A PCN(WINDSCREEN), GOD THIS GUY MUST AV BEEN LIVING IN FLATS OPPOSITE.
List of case details
• Have you made any response or appeal? No - I have made no response or appeal up to this point
• Who is the parking company? UKCPM (Member of BPA)
• Carpark Location – PRIVATE LAND
• Parking time period: 13MIN
• Claim FORM issued against me: 8/11/2018
• Acknowledgement of Service (AoS) submitted on 23/11/2019 – Online
.SAR requested via email to- General enquiries( info@uk-cpm.com)
• Total Amount Claimed £245 - £25 court fee,50 legal rep.170 amount claimed
.Ukcpm used trace debt recovery uk ltd to claim money1/2/2019 (only sent letter). then gladstones (2 letters) on 6/8/2019. Followed by claim form 10/11/19.
PREPARING A DEFENCE NOW BY READING NEWBIES 2
HERE IS A DEFENCE TEMPLATE, PLEASE Advise IF SHORT? LONG? NEED EXTRA ON ACTUAL SUBJECT.

1. As a taxi driver. NOT sure if to base defence on admitting as driver? or just keeper?.
2.defence Argument based on dropping a customer as taxi driver? plus poor signage?or both? .
3.carpark is isolated from the flats (flats are not attached to carpark therefore you have flats.pavement,road,pavment then the mentioned carpark).
4.HERE IS MY DRAFT LETTER


In The County Court

Claim No: XXXXXXX

Between

UK Car Park Management Limited (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________
1.I am Xxxxxx, of [Address], [Postcode], the Defendant in this matter. I will say as follows:
2. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

3.I am a regular visitor to various location’s due to my job as a local cabby and on many occasions too numerous to recall, I pass and re-pass through the same roads, park and sometimes help customers with their contents as part of my job description more than once a day. Whilst my working days are much the same and unremarkable, this may have been one such short duration. I was never made aware of any new parking restrictions by the customer that time - despite visiting often.
4.I have paid a couple of visit to the parking mentioned by the claimant and found that the called private parking by the claimant is totally isolated/far away from any properties /flats.
5.The mentioned/called private carpark by the claimants is situated in a middle of two main roads and pavments.
6.signs are located at a distance in pale, unlit, creating an illegible condition to read the terms and conditions required to enter a contract. The signs do not comply with BPA Code of Practice.


7. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability so no cause for action against the defendant. The claimant has failed to show locus standi so the defendant does not believe they have a right to bring an action against anyone.

8. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious, with multiple threating letters received by the defendant, which has caused a significant amount of distress, wasted time dealing with this matter.

9. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant so no cause for action can have arisen.

10.'The particulars of claim are insufficient to establish a case of action against the defendant and are therefore struck out pursuant to part 3.4CPR.'

11.The Court is therefore invited to dismiss the Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.


Statement of Truth:

I confirm that the contents of this defence are true to the best of my knowledge and belief.

Name xxxxxxxxx
Signature xxxxxxxxx
Date xxxxxxx

KeithP

mahrez1980 wrote: »

• Claim FORM issued against me: 8/11/2018
• Acknowledgement of Service (AoS) submitted on 23/11/2019 – Online

Please explain.

How can a Claim be issued on 8th November 2018 and the Acknowledgement of Service be filed over a year later?
And we haven't reached 23rd November 2019 yet.

What is the Issue Date on your County Court Claim Form?

If you have done the AoS, when did you do it?


And further on you say:

Followed by claim form 10/11/19.

That's this coming Sunday.


Accuracy in these matters makes the difference between winning and losing.

Coupon-mad

UKCPM (Member of BPA)

No they aren't.

• Claim FORM issued against me: 8/11/2018
• Acknowledgement of Service (AoS) submitted on 23/11/2019 – Online

Typos? The dates are in the future except you don't mean 2018 either.

Real close attention to detail is vital when defending a claim.

in a defence you do not put your name and address in the blurb, and you don't put ''I'' so none of this:

I am Xxxxxx, of [Address], [Postcode], the Defendant in this matter.

3.I am a regular visitor to various location’s due to my job as a local cabby and on many occasions too numerous to recall, I pass and re-pass

4.I have paid a couple of visit

The signs do not comply with BPA Code of Practice.

They don't have to, as UKCPM are not in the BPA AOScheme, they are IPC.

By saying this (below) you are saying you are a cabby and were driving:

I am a regular visitor to various location’s due to my job as a local cabby and on many occasions too numerous to recall, I pass and re-pass

Yet here you try to say you are only the keeper?

7. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability so no cause for action against the defendant.

And this makes no sense (and it's 'cause' not 'case of action') but it makes no sense at all, you seem to have quoted someone out of context?:

10.'The particulars of claim are insufficient to establish a case of action against the defendant and are therefore struck out pursuant to part 3.4CPR.'

mahrez1980

THANK YOU FOR ALL POINTS MENTIONED WITCH ARE ALL AMENDED NOW.
ANY MORE HELP IS MUCH APPRECIATED

PARKED ON PRIVATE LAND FOR 13MIN EXACTLY,COME BACK TO FIND A PCN(WINDSCREEN), GOD THIS GUY MUST AV BEEN LIVING IN FLATS OPPOSITE.
List of case details
• Have you made any response or appeal? No - I have made no response or appeal up to this point
• Who is the parking company? UKCPM (Member of BPA)
• Carpark Location – PRIVATE LAND
• Parking time period: 13MIN
. PCN issued-08/11/2018
• Claim FORM issued : 9/10/2019
• AoS submitted on 23/10/2019 – Online
.SAR requested via email to- General enquiries( [EMAIL="info@uk-cpm.com).NO"]info@uk-cpm.com).NO[/EMAIL] REPLY YET
• Total Amount Claimed £245 - £25 court fee,50 legal rep.170 amount claimed (NO JUSTIFICATION ON AMOUNT)
.UkCPM used trace debt recovery uk ltd to claim money1/2/2019 (only sent letter). then gladstones (2 letters) on 6/8/2019 and 1 letter 06/09/2019. Followed by claim form 10/10/19.
PREPARING A DEFENCE NOW BY READING NEWBIES 2
HERE IS A DEFENCE TEMPLATE, PLEASE Advise IF SHORT? LONG? Amendment or NEED EXTRA ON ACTUAL SUBJECT.

1. As a taxi driver. NOT sure if to base defence on admitting as driver or just keeper?
2.defence Argument based on dropping a customer as taxi driver? plus poor signage? Or both?
3.carpark is isolated from the flats (flats are not attached to carpark therefore you have flats.pavement,road,pavment then the mentioned carpark).
4.HERE IS MY DRAFT LETTER


In The County Court

Claim No: XXXXXXX

Between

UK Car Park Management Limited (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________
1.The Defendant in this matter will say as follows:
2. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

3.The Defendant is a regular visitor to various location’s due to my job as a local cabby and on many occasions too numerous to recall, The Defendant pass and re-pass through the same roads, park and sometimes help customers with their contents as part of the job description more than once a day. Whilst the defendant working days are much the same and unremarkable, this may have been one such short duration. The Defendant was never made aware of any new parking restrictions by the customer that time - despite visiting often.
4.The Defendant paid a couple of visit to the parking mentioned by the claimant and found that the called private parking by the claimant is totally isolated/far away from any properties /flats.
5.The mentioned/called private carpark by the claimants is situated in a middle of two main roads and pavements.
6.signs are located at a distance in pale, unlit, creating an illegible condition to read the terms and conditions required to enter a contract. The signs do not comply with BPA Code of Practice.

7. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious, with multiple threating letters received by the defendant, which has caused a significant amount of distress, wasted time dealing with this matter.

8. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant so no cause for action can have arisen.
9.The Court is therefore invited to dismiss the Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.


Statement of Truth:

I confirm that the contents of this defence are true to the best of my knowledge and belief.

Name xxxxxxxxx
Signature xxxxxxxxx
Date xxxxxxx

Redx

Looks more like a witness statement to me

The defence should address the POC listed on the claim form , plus the legal reasons for defending the court claim and query and address the landowner authority aspect and any spurious costs added

The time for the story is in a witness statement in several months time

Save the above as a part of the WS but changing defendant to I

And UKCPM are not in the BPA AOS nor do they follow the BPA Cop , which coupon mad posted earlier

Start with the concise defence by member bargepole , add no landowner authority , address the POC as seen in your reply above , add the abuse of process paragraphs by coupon mad posted in the thread by beamerguy

The_Deep

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

Umkomaas

@OP - are you copying and pasting into the forum from Word (or similar word processor)? If so, you could find your IP address being blocked by MSE, preventing any further help for you.

Check out this link:

https://forums.moneysavingexpert.com/discussion/5637311/warning-do-not-copy-and-paste-content-from-word-pdfs-etc-into-your-posts

Le_Kirk

If you submit a SAR, it will probably be more useful to use the e-mail [EMAIL="dpo@uk-cpm.com"]dpo@uk-cpm.com[/EMAIL] and don't forget to attach a copy of your V5C as proof of who you are.

KeithP

mahrez1980 wrote: »

• Claim FORM issued : 9/10/2019
• AoS submitted on 23/10/2019 – Online

With a Claim Issue Date of 9th October, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 11th November 2019 to file your Defence.

That's just a few days away.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

mahrez1980

Thank you
Is it okay for ukcpm to have my full details including my phone number and copy of my v5 log book to process the SAR? will it affect my case as a defendant?

Redx

do not give them your phone number or copies of your passport or driving licence

its ok to use the following as proof of I D for a SAR

a copy of your V5C (log book) , and a copy of the claim form the CCBC sent to you

I would include both

a redacted recent utility bill is also ok , as long as it shows your name , address and a recent date


the above will not affect your case as defendant