Court form received help requested

Fruitcake

I would write to the court and complain that you are receiving multiple claims for the same situation instead of a combined claim. You should have done this anyway, not just tell the scammers to combine the claims.
Suggest to the court that multiple court claims are an abuse of process, and that whilst  being bombarded with these and fighting several at once you missed filing a defence for a claim that should have been filed at the same times as the others you were already fighting and have received a default judgement against you because of their unreasonable behaviour in not consolidating all the claims into one.

This is an abuse and a waste of the court's valuable time. 
Whenever you contact the court, be it filing a defence, or doing an AoS, or anything else, repeat the complaint about multiple claims and quote the relevant parts of the CPR.

If/when you win your other claim(s) you should be able to show that the case you lost was without merit and you would have won if it had been consolidated. Point out that because of this abuse of process you believe the scammers should pay cancel/refund the original judgement and agree to have the CCJ set aside by consent or even cancelled at their cost.
Alternatively you may be able to start a claim against the scammers to get your money back as a result of the DPA/GDPR breaches committed when they obtained and processed your personal data without reason.

Do write to both your MP and the PM asking for a stop on all small claims from unregulated parking scammers since there is no way a defendant can reasonably visit sites to gather evidence or attend court. 

sadwithoutmynelson

Iv received a court date in the post today for 3rd week in August. It will be done in the phone and iv been asked to send any paperwork in before then and phone number. I’m starting to worry after waiting all this time. Not sure what I should even send. What’s the chances of them dropping the case before them ? Or is that silly wishful thinking in my part? Thankyou for your help. 

Coupon-mad

They might drop it when they see your WS & evidence.

You need to read the section in the NEWBIES thread about WS & evidence. show us your draft after carefully looking at examples there, and read the bundles prepared by @Chefdave and @keypulse.

You already know from my reply above what to say about the act they are filing more than one claim and that they should either be consolidated and heard as one hearing, or more properly, should be struck out by the court for 'cause of action estoppel' (duplicate reasons in duplicate claims - search the forum).

sadwithoutmynelson

I have read the newbies thread but I am finding it so complicated trying to prepare the WS and ‘bundle’. I am working full time at home throughout this period and will have to take the morning off for the hearing. I have in total about 11 separate parking charges over 2 cars . This information of SAR I finally got in April 2020after applying  for it in December 2019, of which 2 have mcol numbers and this is the first one that has a court date which I paid for the set aside. All are for for more or less not displaying a valid permit for parking outside my own house. Still Gladstones continue to message me and work continues to give me a hard time for these tickets despite liability being passed to me. I am finding this very very stressful sorry. 

Redx

of course its complicated, its a legal case, when have they ever been simple ? (ask Depp and Heard or R Harris)

if you follow what you have been told and put the work in and the research you should prevail, but the people advising you can only do that , give advice, its your job to do the tasks in hand, or you pay a lawyer a fortune to do it all for you (not a good idea)

D I Y is the order of the day, where people like coupon mad take their free time to point you at the research YOU should be doing

of course its stressful, I would be surprised if you thought it was like shelling peas

get a grip and do exactly what CM has told you to do, same as I would if it were me

Coupon-mad

You are simply writing the story of what happened, relating to the PCNs on THIS claim, and attaching your evidence.  I said this to help you focus, please read these 3 threads - the whole point is you can COPY from the last two:

You need to read the section in the NEWBIES thread about WS & evidence. show us your draft after carefully looking at examples there, and read the bundles prepared by @Chefdave and @keypulse.

sadwithoutmynelson

I understand. Thankyou for your help. I have the ccj on my file now and was turned down for credit as a result the other day. So disappointing.  I 100% own the land I parked on and my neighbour gave me permission to park on his land in his car parking in space. Am I on the right track ?  This is just the starting. 

I ask the courts to accept my set aside and request humlbly for judgement to be removed at the cost to CPM. Due to multiple parking charges for the same reason (11 in total), I missed the deadline for filing my defence for this claim that should have been filed at the same time as claim number # which is on the money col system awaiting a court date. I have repeatedly requested for cpm to consolidate all these claims into one, however CPM have acted unreasonably and ignored this request. As a result this and claim number # is awaiting a hearing. I expect the remaining 9 parking charges will follow this process as cpm continue to harass me with letters and text messages.  This is a misuse of the process and a waste of my time and an abuse of the courts valuable time. Furthermore I request the court that these parking charges be struck out for cause of action estoppel. Due to this abuse of process of multiple claims and cause of action estoppel, I humbly request the courts to cancel original judgement with the ccj set aside and cancelled at the cost to CPM. 

 

I purchased the property I reside at , in # 2015 at # as a first time buyer. The property included 2 parking spaces at the rear of the property. I am the free holder for these spaces. There are 3 houses in a row. We each own the land for the 2 parking spaces each. When I purchased this property , no parking scheme was in place. The house was purchased on the goodwill verbal promise that the car parking area came with electric gated security. The electric gate security measure never came into fruition. After numerous complaints of anti social behaviour and our parking repeatedly used by others, # who are managing the land for 3 houses and 1 storey of flats, installed manual gates at an annual cost to residents. These rarely were operational and to date are not working.  On numerous occasions they have been vandalised whilst residents have continued to be charged for them. This led to repeated complaints by residents of continued external anti social behaviour and a request for the gates to be fixed. The estate management company seemed to have decided to use the somewhat easier and more cost efficient service of CPM to monitor parking instead of honouring the original electric gates, or even to fix the manual gates. This is penalising the freeholders who each own 2 car parking spots.  Although I was in need of a measure to secure my parking, this was not a solution I agreed with. This was done without signed consent from myself to monitor the parking on the allocated land which I own the freehold to. 

The estate management company, # arranged for a parking enforcement company, CPM to patrol the car parks and issue initially a warning notice , followed by fines. I have never, as well as my neighbours have ever received a warning notice. CPM went on to draw parking lines on # 2018 and the scheme was to be active after this. 

The purpose of this company was to prevent ‘other’ people parking outside our properties, Yet on numerous occasions to date, I have had to devise my own notices and ask member to move their cars from outside my property. I have never seen a parking charge on any unauthorised parking outside my house or a warning. However, I myself who own the land, have had multiple parking charges as above which is counter intuitive to the actual problem and only serves to cause distress for the owners of these houses. 

I have attempted several times to ‘opt out’ of this car parking scheme having never signed to agree to have this company patrol my land. I have done this by phone and email. To date I have not been allowed to do this. Email dated #

My neighbours also at # and # have received multiple parking charges outside their homes and have never received either parking charge warnings or seen fines for those who have parked outside their homes without their permission

My initial reluctance to use the permit was based on the fact that I work in the medical industry and the permit reveals my address. Living in an area that is a low social economic area with high crime rate, and with a youth centre ouside my door # I was reluctant to display this on my car. I did also email this to # several times stating this. Email #

Myself and my neighbours at # and # purchased our houses at a similar time when newly built. We are also part of our neighbourhood watch and are very active in preventing anti social behaviour on our estate. Due to a constant level of house crime and car crime, we have given each other permission to park outside each others houses whenever the owner of the house is not there so as to appear someone is home. This has been our agreement from the start and has worked well for our 3 houses as each of us own our car parking slots and own the land that these are on. Please see attached their witness statements which state their agreement for usage of their car parking space and to park outside their property. 

Despite asking for a SAR on # December 2019, and chasing up with emails I did not receive the SAR till # April 2020. 

This claim is one of multiple claims and as a result I missed the deadline and have received the ccj in default due to receiving multiple claims at the same time instead of a combined claim. I have continued to be harassed by this company and their solicitors via letters and text messages which has caused me a high level of stress and anxiety and has exasperated my health conditions. I have wrote several times to cpm that these claims should be combined into one claim but they have continued to abuse the process

Whilst being bombarded with these and fighting several at once, simultaneously suffering with heightened anxiety and stress with the covid situation as well as having a family member seriously ill and then pass away with covid 19, in addition to working fulltime from home, I missed filing a defence for a claim that should have been filed at the same time as all these others that I was already dealing with. CPM have demonstrated unreasonable behaviour by not consolidating the claims despite several requests to follow due process and to do so. This is an abuse and waste if the courts valuable time.

Furthermore I request the court that these parking charges be struck out for cause of action estoppel.

Due to this abuse of process of multiple claims and cause of action estoppel, I humbly request the courts to cancel original judgement with the ccj set aside and cancelled at the cost to CPM. 

To date, I have had a clean credit history and have never defaulted on any payment. I pride myself on being a law abiding citizen and adhering to rules and the law. The covid situation has put me under a lot of stress and anxiety and has also caused me financial worry as I am currently the only household member working a swell as the worry for my loved ones who are elderly and vulnerable, having lost a loved one in March to Covid. This continued harassment from cpm and their solicitors Gladstones has only served to exasperate my levels or stress and anxiety in what is a stressful time. As owners of the land of these parking spots and having never signed an agreement for cpm to patrol my parking spot, I humbly request the courts to strike out this claim as well as claim number ### which is active on the moneyclaim website and for the court to disallow any further claims from cpm for my parking spots and where I have been given permission by my neighbours who own their spots to park.

Am I on the right track ? Thankyou 

Coupon-mad

Iv received a court date in the post today for 3rd week in August.

Is 'set aside' what the hearing is for, not to hear the claim?

sadwithoutmynelson

This is the same one. I filed the defence late and it went straight to a ccj by default. I applied for a set aside and the hearing is for a few weeks time. 

Claimant

UK Car Park Management Limited

Claim Number #

Defendant #

Amount Claimed

£339.52

Court Fee

£35.00

Solicitor Costs

£50.00

 

 

Total Amount

£424.52

 This is the one I paid £225 for an applied set aside for in March and now have a hearing. This has been put as a ccj on my credit file. 

Coupon-mad

Oh yes I recall now.  And you say they have filed more than one claim at you so that intimidation caused you to get confused about deadlines?  I hope the Court will allow this on a discretionary basis due to the conduct of the Claimant and for adding a false sum to all the claims s an abuse of process.

Didn't you already file a WS with your application for this case?