UKCPM Free Parking Overstay - Another one bites the dust ! 26/10/23

Coupon-mad

I would bide your time and if they file a claim with those costs, add it into your defence and report Gladstones to the SRA (again...).

D_P_Dance

However, the Gladstones letter now states the debt is £170

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

jag_run

I now have received my Claim Form from Gladstones issued 3rd Dec. I acknowledged on the 8th Dec online. If I understand correctly I have 28 days from the date of service (3rd Dec + 5 days) in order to submit the defence. So up to the 10th January.

I've kept the defence simple, using the template and only adding the following. I would appreciate any guidance on if this is suitable. I also note that the template does not include the above mentioned Excel v Wilkinson case - does this need to be included?

-----------------------------------

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver of the vehicle on the day in question.

 

3.        The car park in question is situated adjacent to a small number of retail establishments, and the quayside. It is free to use, with around 100 marked parking spaces, and no requirement to obtain any kind of ticket in order to park. The carpark is located off of Maritime Way amongst a number of smaller unnamed roads. There would appear to be no obvious marked boundary as to where the public road ends, and any privately owned areas begin such as gates, barriers, fencing or any other infrastructure of particular distinction.

The Defendant maintains that when parking their vehicle, they did not see any signage to indicate that any restrictions applied. Upon receiving the Parking Charge Notice, the Defendant returned to the car park and on closer inspection found there to be limited signage. However, the small number of signs were located approximately 10-12ft in the air at the top of lamp posts obscured within the leaves of the trees. Due to the height of the signage, and the size of the font, it is not possible to read the full contents of the signs.

-----------------------------------

For reference the image I intend to mainly rely upon for the inadequate signage to form a contract argument.

KeithP

jag_run said:

I now have received my Claim Form from Gladstones issued 3rd Dec. I acknowledged on the 8th Dec online. If I understand correctly I have 28 days from the date of service (3rd Dec + 5 days) in order to submit the defence. So up to the 10th January.

I think you have a few days less than you state.
I make 8th December plus twenty-eight days = Wednesday 5th January.

With a Claim Issue Date of 3rd December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 5th January 2022 to file your Defence.

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

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Where's the bit about the wrong legal costs, or did they get it right in the claim?

I also note that the template does not include the above mentioned Excel v Wilkinson case - does this need to be included?

No.  A similar case was appealed and impasse has been reached.  Albeit District Judges still disallow the false costs.

jag_run

Coupon-mad said:

Where's the bit about the wrong legal costs, or did they get it right in the claim?

I think they sorted that in the end. Costs on Claim Form are...

Amount claimed: £187.34 (£100 PCN, £70 contractual costs & £17.34 interest)
Court Fee: £35
Legal representative costs: £50
TOTAL: £272.34

The original chasers were for £160, so the extra fee has gone up by a tenner... but on the basis we're contesting the fee entirely I'm not sure it makes any difference?

Is the rest of it OK?

Coupon-mad

The original chasers were for £160, so the extra fee has gone up by a tenner... but on the basis we're contesting the fee entirely I'm not sure it makes any difference?

Probably not unless a dumb Judge starts saying they can have it.  ]

Probably worth mentioning in the WS how that false (unpaid) 'fees' amount and even the legal fees went up and down so that the pre-action protocol was a farce, considering they are legally represented.

Le_Kirk

jag_run said:

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver of the vehicle on the day in question.

 3.        The car park in question is situated adjacent to a small number of retail establishments, and the quayside. It is free to use, with around 100 marked parking spaces, and no requirement to obtain any kind of ticket in order to park. The carpark is located off of Maritime Way amongst a number of smaller unnamed roads. There would appear to be no obvious marked boundary as to where the public road ends, and any privately owned areas begin such as gates, barriers, fencing or any other infrastructure of particular distinction.

4.       The Defendant maintains that when parking their vehicle, they did not see any signage to indicate that any restrictions applied. Upon receiving the Parking Charge Notice, the Defendant returned to the car park and on closer inspection found there to be limited signage. However, and the small number of signs were located approximately 10-12ft in the air at the top of lamp posts obscured within the leaves of the trees. Due to the height of the signage, and the size of the font, it is not possible to read the full contents of the signs.

-----------------------------------

For reference the image I intend to mainly rely upon for the inadequate signage to form a contract argument.

Evidence, such as pictures goes later with witness statement.  Couple of changes above.  All paragraphs require a number.

jag_run

Update... I've got a CCJ ! 

I've not been on here for a while. Despite sending my defence 30th Dec 2021, I received a judgement against 18th Jan 2022. After speaking to the court 20th Jan, I re-forwarded the email I sent. I have the Sent item in my outbox, and the email address was confirmed to be correct. I did not receive an auto-reply, but I was not aware I was to expect one. The advise given to me by the court on the 20th Jan was that they had forwarded the emails to the judge, I did not need to pay and I'd hear back in due course.

I've been regularly calling the court since, and keep being told they are waiting to hear back the district judge. In the mean time a judgment has gone against me, this was very nearly an issue when I changed job, and my credit score is trashed to the point it is a struggle to obtain credit.

I've now received a letter from Empira (Notice of enforcement) threatening to obtain a Warrant Of Control within 14 days, adding yet another £124 to the balance. The court tell me they won't be able to do that as the case is 'Refer', but I seem to have been misinformed before. Speaking to Empira, it shows as judgement on the portal still, they are going to follow their processes, and were rather disingenuous about the caller handlers knowledge on the court number!

I'm not sure what to do now. I've been waiting nearly 15 weeks for the court to decide what they are doing. In the meantime I've now received a CCJ, and incurring extras costs whilst I'm waiting. Should the court have told me back in Jan that the 'lost' defence was essentially my bad luck, I'd just have paid the thing. Having a CCJ now is a real issue, and due to the bad advise I've also seemingly lost the ability to have that removed. I've made an official complaint to the court today, but that is a 10 day turn around. The letter from Empira received today gives 14 days, but they posted that 16th May. 

 

Coupon-mad

Hmmm this has happened before.

A regular might be able to recall who it was at the CCBC who got this sorted and it was far quicker than several months.  You need to email a formal complaint to the CCBC court manager but wait to see if someone can show you others who this happened to, and what they did to turn it around.