PCN CC Claim from gladstones and UKPCM

KeithP

...the court lost our original defence although we entered it on the mcol page...

That's a little disappointing to read, after the guidance to send it by email given on 8 February at 9:29PM.

Jellybelly23

Sorry I have only just seen these two replies thankyou for your advice. I resent the documents and have been sent a date for hearing to be held by telephone because of the current situation. 

Jellybelly23

So I have put together a witness statement that I will email over as it is a telephone hearing I will attch photographs of the signage and parcel of land to bolster but I am unsure of how it will now work. I might also just drive and drop off the defence, witness statement and phographs  to the county court in hope that the judge is attending the actual building. I feel a little lost at sea with this now especially as it will be over the phone. I have not added the new part to the end of the witness statement i will do this before i email it over.

Jellybelly23

In the County Court at Guildford

Claim No: xxxxxxx

Between

UK Car Park Management Ltd

and

xxxxxxxxxx

Witness Statement

 

1.       I am xxxxxx xxxx, of address, the Defendant in this matter. I will say as follows:

2.       The Vehicle in question Registration xxx xxx, was parked in an area that has insufficient signage and has no clearly marked parking bays.

3.       On returning to the site to take photographs the area in which the vehicle is parked has no signage whatsoever alongside it. There are no signs advising parking rules displayed on the entrance to the area. The only signage provided is inside a shop window that has frosted bordering and printing of the business name surrounding it and is not set out in an area that would face the direction of a parked vehicle and one sign that is very low down in a poor state of repair and would be obscured by bins and vehicles and is lost amongst all the other warning building site signage.

4.       The sign is also behind glass that reflects light in such a manner that the very small font and writing is made further difficult to see.

5.       The signage is also placed at a height that if a high sided vehicle were parked next to it the sign would be almost completely obscured.

6.       As per paragraph 2 of the Defence I can not be held accountable for a contract that did not exist.

7.       As per paragraph 5 of the Defence I have enclosed photographic evidence that the vehicle can not be parked in an appropriate bay as there are no parking bays.

8.       My wife contacted the company UK Car park Management Ltd immediately on receipt of the first letter of correspondence that was received which was a final demand letter from a debt recovery company to advise them that no such original PCN had been received and so had never been given a fair chance to pay the reduced amount or contest such an outrageous amount. The company refused to acknowledge via telephone that no such paperwork had been received and also refused to give any indication as to where the vehicle was parked despite telling my wife they were sitting looking at the photo and just said as my wife was not the registered keeper they did not need to tell her that information leaving us unable to know where we were being asked to pay a PCN for and then the person on the phone proceeded to hang up.

9.       My wife then emailed the company advising that again no original PCN had been received and therefore we had no way to know where the vehicle was parked so had no way to tell what the PCN was for. We decided not to pay the PCN at the time as it seemed unreasonable to ask for a payment of £160 for non payment of a PCN which had never been received.

10.   The reply was simply that they had sent two letters. There was still no original documentation sent or resent so still no opportunity to tell where the vehicle had been parked.

11.   The only time we have received a copy of the original PCN is when requesting an SAR. On receipt of this the photograph has been taken from the back of the vehicle by a person not an automatic parking eye so it leaves me to wonder why the parking attendant did not place a PCN on the vehicle window.

12.   I was advised to contact the information commissioner’s office which I did.

13.   The letters sent from the debt recovery company have caused great distress and worry to us as a family due to their threatening tone as they state and are bullet pointed that if we are taken to court the action will result in Further solicitor charges being added to your balance, Court costs being added to your balance, County Court Judgment.

14.   In one of the letters from Trace debt recovery it states that ‘when taking any court action our client must demonstrate that they have done as much as possible to settle the matter’ I do not feel that threatening letters asking for £160 to be paid immediately or face spiralling further costs and  CCj’s against us and a refusal to acknowledge no original PCN being received is demonstrating doing as much as possible to settle the matter.

Jellybelly23

I know this is a shocking time to be asking for furter advice given current circumstances but all feedback good or bad will be greatfully received

Le_Kirk

To this statement I attach a bundle of evidence *XXX_001 - XXX_00n.  If you are claiming you took photographs, you need to include them with your witness statement by stating: -

3.       On returning to the site to take photographs the area in which the vehicle is parked has no signage whatsoever alongside it XXX_001. There are no signs advising parking rules displayed on the entrance to the area XXX_002. The only signage provided is inside a shop window that has frosted bordering and printing of the business name surrounding it and is not set out in an area that would face the direction of a parked vehicle XXX_003 and one sign that is very low down in a poor state of repair XXX_004  and would be obscured by bins and vehicles and is lost amongst all the other warning building site signage XXX_005.

* = Initials

n = number of last piece of evidence

Coupon-mad

Have you got the WS yet from UKCPM, and shown us the landowner authority document (sorry your thread is too long for me to have time to track back and re-read previous pages).  What's the 'extra bit' of which you speak?

Jellybelly23

Coupon-mad said:

Have you got the WS yet from UKCPM, and shown us the landownr authority document (sorry your thread is too long for me to have time to track back and re-read previous pages).  What's the 'extra bit' of which you speak?

 No appology necessary. Nothing received from UKCPM. just the SAR I requested which is just a copy of the original PCN. They said they do not keep emails or record phonecalls (well minimal recordings are made) luckilly I have some of the emails saved. I do not have a landowner authority document. Should I be requesting the witness statement from UKCPM? The extra bit that I saw on newbie thread that has to be added to the bottom of all witness staements now..... I will re read incase I have read the wrong information.

Jellybelly23

Le_Kirk said:

To this statement I attach a bundle of evidence *XXX_001 - XXX_00n.  If you are claiming you took photographs, you need to include them with your witness statement by stating: -

3.       On returning to the site to take photographs the area in which the vehicle is parked has no signage whatsoever alongside it XXX_001. There are no signs advising parking rules displayed on the entrance to the area XXX_002. The only signage provided is inside a shop window that has frosted bordering and printing of the business name surrounding it and is not set out in an area that would face the direction of a parked vehicle XXX_003 and one sign that is very low down in a poor state of repair XXX_004  and would be obscured by bins and vehicles and is lost amongst all the other warning building site signage XXX_005.

* = Initials

n = number of last piece of evidence

thanks will have a re shuffle

Coupon-mad

Should I be requesting the witness statement from UKCPM?

No, they have the same deadline as you to submit their WS & evidence.  What's the deadline?