Claim Form - UK Car Park Management/Gladstone

Le_Kirk

Very well done!

nosferatu1001

On here is good. 
No that's fine - if you didn't have to book time off work, or you could regain that by "releasing" your time, then that is pragmatic - im all for getting the most from a claimant, but not at the expense fo me losing the high ground!

richiew2k

Couldnt have done it without all of your help and patience so thank you all!

Case Number - F0GF62GN
District Judge Jenkins, Newport County Court
Proceedings started a little late I was just about to phone the court to see if it was still going ahead.
Got the call and the Judge explained G's should've given  7 days notice that they werent going to attend but it was only 3 days notice.
Lots of longer silences and rustling of paper.
But the main discussion points (it was all a bit of blur but I scribbled these down)
1) Judge recognised that the WS from G's was received late
2) Judge couldnt find a signed copy of my witness statement but then found the hand delivered one to court
3) Judge recognised that claimant had supplied a copy of the land owner agreement to prove they took over in 2017
4)Judge recognised that I couldnt be cross examined as there was no G's representative
5) Judge summarised my case in that I had the right to park at. the location as proven by a confirmation from employer that I had parked there since 2013
6)Judge pointed out that I had been parking there from 2013 to the time of the charge and that I hadnt been informed of any changes to ownership or way I should behave. To which i explained that I hadnt had any contact from UKCPM either direct or through my employer, also i directed him to the agreement that I had signed back in 2013 that had my employers letterheads and no mention of UKCPM
7) Brief discussion about the use of a permit and clarification that my reg plate was registered with employer so permit was a courtesy

Verdict - Dismiss the claim as they failed to maintain a contract. It was apparent that use of car park was permitted going back to 2013 regardless of signage.

Umkomaas

Umkomaas said:

richiew2k said:

Hi All

The big day today 2pm, will let you know how it goes

Good luck, please do let us know, whatever the outcome - whether it's champagne or sweet tea and hugs!

So it's champagne then.  🥂  Excellent result, very well done for sticking with the forum advice over the past 7+ months. Sleep easy now, one very nasty monkey off your back. 

Coupon-mad

Yay, well done! 

ANOTHER UKCPM GLADSTONES ONE BITES THE DUST!

richiew2k

Thanks again all and all the best, bet ive annoyed some of you with my silly questions  but really do appreciate the help and support

Redx

My congratulations too , let's hope others read this thread and learn from it

Sc@mmers lose yet again

BarkingDog

You should always make a Subject Access Request (SAR) for all of your information that the car parking company is processing about you. There are two very good reasons why you should do this. 1) You may find that it provides you with information that enables you to get the parking charge (plus anything else claimed) cancelled, and, more excitingly, 2) it may identify one or more breaches of GDPR by the company. Article 82 of GDPR allows you to sue for compensation for a GDPR breach. At the very least it is a good bargaining chip if you yourself don't want the hassle of taking them to the County Court.

Covid_Vaccinator

richiew2k said:

I have put together a simple crib sheet ready for. the court date, where I have a simple view of my main arguments and where they are based in my documents. -

1. The signage was unclear and offered no contract or parking licence of value.					1) Defendant Supplementary Witness Statement Points 28 & 29 2) Exhbit DJ2 & DJ3
2. I was authorised to park by my employer & parking rights were paid for already.					1) Defendant First Witness Statement Point 5 2) Exhbit DJ1
3. I do not believe the Claimant has landowner authority to sue employees of the business.					1) Defendant Supplementary Witness Statement Points 20 & 21 2) Claimant First Witness Statement
4. This was a new regime and could not override existing parking contracts.					1) Exhbit DJ1 - Original contract was signed back in 2013, 2) UKPCM did not take control until 30/11/2017 - Gladstones Witness Statement Point 6
5. The Claimant's Witness statement is not signed by UKCPM and was written by Gladstones, and the facsimile signature of Jack Chapman is currently being investigated by the Solicitors' Regulation Authority''					1) Ongoing SRA investigation
6. The witness Jack Chapman appears not to exist and I do not believe will be here to be questioned					1) Is Jack Chapman present? 2) Claimant Supplementary Witness statement - Statement of Truth proves that this wasn’t written or witnessed by Jack and only approved by him
7. UKCPM have added £60 that breaches the CRA, POFA and Supreme court case law.''					1) Defendant Witness Statement Points 28 & 29 2) Exhbit DJ4 & DJ5
8. The signed contract agreement was between myself and Newport City homes and not UKPCM.					1) Gladstones Supplementary Witness Statement (Exhibit not numbered)
9. Signed contract was dated prior to UKPCM managing this site.					1) Gladstones Supplementary Witness Statement (Exhibit not numbered)
10. I originally wrote to UKPCM dated 10th January to try and explain the situation.					1) Gladstones Supplementary Witness Statement (Exhibit not numbered)
11. The Claimant submitted their Witness statement later than the date that was requested.					1) 27/02/2020 was the submission deadline but I received this after this date.

Really helpful - thank you!