UKCPM Claim form received - Allocated Space/Access By KeyFob

dspan156

My first post on here

I've received a Claim Form from county court issue date 9th March 2020
I have been reading through the Newbies thread and have filled a SAR to UKCPM requesting all information held
I have also read that I should respond online at Money-Claime.gov to this form and put nothing in the defence box initially, saving that for later if it gets that far. Would you agree?
I have started drafting a defence based on a residential defence template written by bargepole, where the car park was accessed by a key fob and there no mention of having to display a parking permit in my tenancy agreement.
Any help would be greatly appriciated!

D_P_Dance

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

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 in some cases, cancellation.

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.Have you read this

beamerguy

One would imagine the claim came from the daft Gladstones solicitors, such an incompetent bunch
Guess that they have also added a fake £60
Residential parking is a very difficult one for these scammers as you have rights. What does your lease / contract say about parking

Coupon-mad

I have started drafting a defence based on a residential defence template written by bargepole,

We now have a template defence based partly on a version written by bargepole, merged with a version I had drafted.  We now both take the view that we start by talking about the added £60 being an abuse of process and attaching appendices designed to make the Judge decide to strike the case out without a hearing.

So search the forum for template defence, then fill in the red paragraphs of facts in it, with some of bargepole's specific words about key fobs and primacy of contract in the lease/no need to display a permit. 

D_P_Dance

  We now both take the view that we start by talking about the added £60 

Who are we?  Certainly I do not.  Abuse of process is all very well, but the biggest  abuse here is to OP's rights under Housing legislation. This should be his/her priority imo.

Coupon-mad

Me and bargepole.

D_P_Dance

Neither of whom are landlords AFAIIA.  I have been a landlord/property investor since 1977.

Coupon-mad

I was a landlord, used to own & rent out a flat (now sold) and bargepole might be as well but that's his business!

dspan156

beamerguy said:

One would imagine the claim came from the daft Gladstones solicitors, such an incompetent bunch
Guess that they have also added a fake £60
Residential parking is a very difficult one for these scammers as you have rights. What does your lease / contract say about parking

It was indeed Gladtsones with the addess £60 
There is no mention on my lease of having to display a valid permit it simply states - "It is agreed that the Tenant has use of one car parking space - for car registration XXX XXX - at the Property throughout

the Tenancy Period"

dspan156

Amount claimed	£174.95
Court fee	£25.00
Legal representative’s costs	£50.00
Total amount	£249.95

Coupon-mad

Jolly good.  Use the template defence and this'll be done and ready to sign in half an hour flat.  The global sum claimed on the left (not the interest) is £160 same as all the zillions of others here.