UK CPM - Help

woody0991

Hi,
I firstly want to say thank you to everyone on here for all the posts.
I am currently going to court against UK CPM, I parked in my own home without a permit displayed, they gave me a ticket. In my lease there is no requirement for me to display a permit and a written right to park a vehicle. They have also added extra £60 in charges and an extra £70 odd in interest and the witness statement is through signed by the amazing Jack Chapman. I've put all of the information from the forum in my witness statement.
The question I have, and I am completely shocked by this one. As part of the witness statement/court pack, they sent me the contract with the land owner. I had originally contacted the land owner and they said they had no right to cancel this charge. In the contract on the other hand there was a clause that stated 2.7 The contractor shall rescind, without condition, any outstanding parking charge at the request of the proprietor. 
The land owner (Proprietor) has since contacted UK CPM and told them to rescind the ticket. UK CPM have refused claiming that as it has reached court level they can't do anything and that they only allow 200 days to request a cancellation.
Now from what I have read in this forum, that is total rubbish, and within the contract there is absolutely no mention of 200 days. I am now just stumped on how to approach this now. Any help would be amazing!

Umkomaas

Get confirmation in writing from the landowner that they want this charge cancelled. 

woody0991

I have an from an employee that they have asked UK CPM to cancel and they have refused. I have asked them to send me the email chain where they requested this. What do I do when I get that information? Surely this is enough to stop it getting to court?

beamerguy

UK CPM have refused claiming that as it has reached court level they can't do anything 

UKCPM living in cloud 9 dream world again, what a lie, it can be stopped right up to the minute before you enter a court room ........ must be the infamous Jack Chapman is dreaming again.  Will make a judge laugh though

Anyways it's the incompetent Gladstones adding the fake unlawful £60
ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Tell the landlord that UKPCM have told him a pack of lies.  Your landlord should be your witness if it goes to court

As in the Abba song, "one of them is lying"

Umkomaas

What do I do when I get that information?

You build into your WS if you've not already submitted it. If you have, you could submit a supplementary WS to bring it to the Judge's attention (copy also to the Claimant). What you can't do is pull it out of your back pocket at the hearing (ambush). 

Surely this is enough to stop it getting to court?

The only showstopper guaranteed to stop this getting to court is in your hands - it's known as 'your chequebook'. 

When is your hearing date?

woody0991

My hearing is on 19th June. I am really surprised that Gladstones have already sent the court pack this far in advance. They really should have waited a bit longer mind due to the number of mistakes they have in the documentation. Wrong court on the witness statement. Referencing lines in their letters that don't exist etc etc. I will make sure to highlight all of this in my witness statement.

D_P_Dance

Read this

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

What does your lease/AST say about parking? Does it mention the need to display a permit? 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 Ten 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 enacted

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

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

Coupon-mad

It probably won't stop the hearing but they might discontinue when they see that in your evidence!

Have you reported Gladstones to the SRA yet to add to those last straws on the camel's back?

woody0991

Hi, my leasehold for the property grants me the right to park one private motor vehicle owned by myself in a bay, with all other tenants having the same right, they are aware of this but of course they don’t care.

I have reported them for the Jack Chapman farce yes. Is it worth pointing out the clear errors in their witness statement, including the fact they have addressed the wrong court?

i am dumbstruck by the lies that they are telling the land owner, including that I have a CCJ on my record, are these falsified statements something I can use against them also as that is completely false information, can’t have a CCJ if it hasn’t been to court!

I have asked the landowner for a witness statement, I’ve haven’t mentioned a witness up to this point but I guess I can still use it with an explanation in my own witness statement?

D_P_Dance

are these falsified statements something I can use against them 

Of course they are, in court, and, if repeated by the solicitor, to the SRA.

https://www.sra.org.uk/
.

woody0991

Thank you everyone, it just seems to me that both CPM and Gladstones are digging themselves a very big hole.
I have received the email chain between the landowner and CPM and I have seen this statement. After the landowner said "We have requested you to cancel the charge and UK-CPM have declined our request". They said this.
"Technically yes, however we simply cannot remove the PCN due to the age and stage this is now at with the 3rd party solicitors rather than refusing to.

Just want to make that clear, as due to the age of the PCN has now reached over 1000 days we simply cannot get involved as it is in the hands of Gladstone solicitors."

I have 2 questions on this. Firstly, as it says in the court documentation that I should make every effort to contact CPM and try and close this out of court. Should I respond to the email thread between the land owner and CPM to highlight all the areas they are talking rubbish, to show I am trying to get this settled out of court (Another nail in the coffin)?

Secondly, the above seems to be UK-CPM saying they are not involved in the PCN court proceedings, should this be sent over to the SRA as further evidence to the "Jack Chapman" report? If this chain can be used to sting Gladstones more I am more than happy to update my case!

Regards,

Darren