Letter Before Claim - UKCPM LTD

Coupon-mad

Tuffty747 said:
So really I need to start working on my Witness Statement and getting everything together ASAP, under the assumption that this is going to hearing. 

Yes - there is a new Witness Statement example in the NEWBIES thread now, given that cases are no longer being struck out.  The new WS example has been written to explain to the Judge why and how the Salisbury appeal is a damp squib.  All you do is change your facts at the start and put your own evidence together and a costs assessment, like in the example.

In the meantime:

An urgent task – deadline approaching in about ten days:

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  Submit comments as soon as you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

HOW TO DO THE SUBMISSIONS:

1. Read the cover letter

2. Read the cover letter again and note the suggested extra questions...and if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list.  

If you do nothing else, please comment on:

- the amount of the parking charge levels

- the annexes at the end of the PAS (reading through the whole thing takes hours so if you have nothing to say about the definitions, for example, then skip to more vital points and the annex tables at the end.

- the bit about debt collectors and whether you think PPCs should be allowed to add 'costs' a second time, for the letters that are already within the rationale of the 'parking charge' sum...hmmm...

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives but this doesn't take long.

 On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written!   But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.  

You have to go back up and find the next section, then the next...

You have to click ‘submit’ separately for each individual clause response.  Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

Things to think about:

A Speeding fine is £100.  A Local Authority lower rate parking penalty is £50.  Which do you think a private PCN should be like or do you think it should be something different?  

Do you think if all payment methods are not functioning that PPC can 'fine' you?

Do you think the examples mentioned in the cover letter are right and need adding to the Annex?

etc. etc.

 

Tuffty747

I believe my Witness Statement is done.
I can't really post the full version here for Privacy reasons - even some of the exhibits have my address on (Tenancy agreement).
So I've left out the exhibits and have removed any private information.

Could you just give it a once-over, see if I'm hitting the right notes and preparing it correctly?
Want to try and be as prepared as possible.

My hearing is on 12th November FYI.

Thanks all!

Coupon-mad

Change 'Penalty' to 'Parking' throughout as the former is not what your PCN is...

Typo (double use of the word ''is'' here):

The space is designated to me and therefore is the Claimant is in direct contradiction of their own communication to residents. 

Try to adjust your spacing to get HHJ Hegarty's quote to appear on one page, not split (looks messy).

And I don't see the usual point about no landowner authority.  The Managing Agent is not a landowner.

DO NOT send it early.  Wait to get theirs first if time allows, because then you can add more (like in all the other UKCPM cases).

1505grandad

Para 13  -  "..... transcript of the Approved judgment in Britannia Parking v Crosby (Southampton Court 11.11.19)."

However typo in the Contents list  -  "Exhibit xx-10 (Britannia v Crosby Approved Judgement – Southampton Court)"  

no middle "e" in Judgment in this context.

Tuffty747

Coupon-mad said:

Change 'Penalty' to 'Parking' throughout as the former is not what your PCN is...

Typo (double use of the word ''is'' here):

The space is designated to me and therefore is the Claimant is in direct contradiction of their own communication to residents. 

Try to adjust your spacing to get HHJ Hegarty's quote to appear on one page, not split (looks messy)

Thanks - amended all of these.

1505grandad said:

Para 13  -  "..... transcript of the Approved judgment in Britannia Parking v Crosby (Southampton Court 11.11.19)."

However typo in the Contents list  -  "Exhibit xx-10 (Britannia v Crosby Approved Judgement – Southampton Court)"  

no middle "e" in Judgment in this context.

Thanks - also amended.

Coupon-mad said:

And I don't see the usual point about no landowner authority.  The Managing Agent is not a landowner.

Is that the following from the example WS?

The Claimant has appended a redacted ‘landowner contract’ which has little or no probative value and which offends against the rules of evidence. There is nothing to say what the landowner's approach (whoever they may be) is to penalising genuine patrons who pay, and even the signatories could be anyone (even a stranger to the land?). It is clear that two Directors have not signed this contract for either party, contrary to the Companies Act. The network of contracts are key in these cases, since the parking charges are argued to be contractual and the authority to sue visitors must flow from the landowner, not an agent.

I assume I'll have to wait and see what they send in their bundle, as I haven't had any contracts or anything like that provided. But I'll leave it ready to go.

Another question I had. The deadline for the Hearing Fee to be paid was on 15th October. Is it worth calling the court tomorrow to see if that was paid? I assume it would have been, but I haven't heard anything otherwise, and at least then I'd know that my case is definitely proceeding to hearing stage?

Coupon-mad

You can if you like but generally they pay.

nosferatu1001

You never got told if they have paid. Meaning you assume they have. Waste of time to check. 

Tuffty747

Okay thanks. 

Another question. Will the court accept digital signatures on the pages that need signing? 

D_P_Dance

IMO you should be asking that of the court.  

nosferatu1001

Yes, of course.