UKPCM Gladstones - Claim Form Received - Parking in visitors bay

granth1974

nosferatu1001 said:

Send one to the PPC, as Gladstones should only return the documents IT has. 

OK will do. Presumably I can use the email address on their website in order to send this request to them? I don't see any specific address other than their general information email address.

KeithP

granth1974 said:

I've now received a Claim Form with an issue date of 12th Feb 2020 for County Court Business Centre , Northampton.

With a Claim Issue Date of 12th February, you have until Monday 24th February to file an Acknowledgement of Service. As others have said, do not file an AoS before 18th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 16th March 2020 to file your Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

granth1974

nosferatu1001 said:

Send one to the PPC, as Gladstones should only return the documents IT has. 

Actually @nosferatu1001 , having gone back and checked emails, I DID send the SAR to the PPC and I haven't received anything back from them directly. I've received a bundle of documents through their solicitor stating

We write further to your request for our Client’s evidence in regards to the above mentioned outstanding parking charge  

To confirm, the charge was issued to the vehicle due to not displaying a valid permit

etc.

The docs clearly show the vehicle parked and signage right in front of where the vehicle is parked so I'm worried about what angle to come at in terms of my defence.

granth1974

Ok, so it's now a little under 2 weeks (16th March) from when I have to file my defence, so before I begin preparing it, I would like some advice. The vehicle in question was parked in a visitors bay at my ex-wife's flat. Parking restrictions were not in place for many years and were subsequently put in place. I believe this was an agreement between the landowner and UK CPM at the request of residents (who now regret it as many of them have now been ticketed). I have been provided with evidence by Gladstones showing the vehicle parked there, signage etc.
I have a copy of my-ex wifes land registry agreement and also her contract with the management company, neither of which have been amended and both of which describe her ownership/right to a parking space and visitors bay.
I also have a signed letter from my ex-wife giving permission for any vehicle of which I am the registered keeper to park at the property for the purposes of visiting.
My defence would therefore be to use:
1) The above documents
2) Lack of provision of any documentation from Gladstones or their client that they have authority to serve fines
3) Lack of explanation for additional 60 pounds.
4) Unreasonable increase of the total amount owed from 100 to 253 pounds.

I have read some of the existing defences and am a little unsure where to start or whether the above is the correct approach.
A little guidance would be really appreciated.
Thanks in advance.

1505grandad

Suggested template defence to adapt for all parking charge cases where they add false admin costs posted 26.2.20 by Coupon-mad with instructions:-

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

I believe this was an agreement between the landowner and UK CPM at the request of residents (who now regret it as many of them have now been ticketed).

The the leaseholders need to get together, have a meeting then approach the landowner/agent to complain about the interference with their rights and insist the scam firm is removed and not replaced, immediately.  Most contracts can be ended with just a month's notice.

As for a defence, please download and use the new template defence on the thread linked already.

granth1974

So I'm going with the template defence as suggested and I was thinking of adding the following paragraph, along with the evidence as stated. One question that I have is over whether there should be any admission of who was driving at this stage or whether to simply file the template defence as is (with the relevant red parts changed obviously).

Paragraph I was thinking of adding:

The claimant has no specific contract with the tenant over the visitors parking bay in which the vehicle registered to the defendant was parked. Neither the land registry agreement, not the tenant’s contract with the property management company include any mention of parking restrictions. As stated in these documents, the tenant being visited has the right to a parking bay and fair use of visitors bays by those visiting the tenant. The tenant has given explicit signed permission to the registered keeper of the vehicle in question to park in either her bay or the visitors bay at any time. It is argued that the land registry agreement and the contract with the property management company has primacy over any other documentation in this case. The tenant has the right to a peaceful enjoyment under the Human Rights Act. This includes the right to receive visitors without this unduly impacting on the lives of any visitors or the tenant. The tenant in this case feels that the pursuit of this case by UK Car Park Management Ltd has negatively impacted upon this right and a witness statement to this effect has been prepared. A copy of the land agreement, letter of authorisation and witness statement are included as Appendices D & E respectively.

KeithP

A copy of the land agreement, letter of authorisation and witness statement are included as Appendices D & E respectively.

Evidence comes later. Much later. After the case is assigned to the hearing court.

Coupon-mad

 Neither the land registry agreement, not the tenant’s contract 

Typo above, but apart from that, yes it's fine.  The only appendices are A & B already embedded in the defence and attach separately, C (as linked in the first post of the template defence thread).