Allotment/ UKCPM Parking Defence

Trainerman

Coupon-mad said:

Maybe we need a new thread for people to post pictures of the identical wording from their cases, if the forum will allow it (probably after cases conclude as they don't like live court case stuff being shown as images).

Could we do something similar to log the amount of NTKs or LoC that have been claimed to be sent, but are never received? I have long thought this to be a deliberate weapon of the scammers. The first a recipient knows is (say) a debt letter, but the PPC claims everything was sent on time.

I am convinced that good statistics on this would prove that the incidents of non arrival are much higher than would be explained by postal problems, thus throwing all these PPC claims into doubt. Is it possible to collect those figures on here like this? Maybe even a sticky?

Jenni_D

Johnersh said:

I'll leave this here... 
https://www.civillitigationbrief.com/2021/03/26/whats-the-difference-between-a-witness-statement-and-substantive-submissions/ 

This made me smile:

WITNESS STATEMENTS A SEVEN WORD GUIDE

Just tell the court what the facts are.

How many words?  

ehannahr

So I have finally scanned, pdf'd, redacted and uploaded the Claimant's full 133 page witness statement

Sorry it took so long - since it was so huge and I don't have a feed scanner, I had requested Gladstone's send me a pdf copy and they said 'they'd try' but then failed - emails arrived from Thea Fisher with no attachment and then one with an unopenable pdf file of zero bytes.
I argued that this was an accessibility issue -  and that if they could not attach it they could send it by a large file sending system like Wetransfer, but she just said 'Further to the below, the document has been sent via post as stated.'

I'm amazed they are not obliged to send digital copies, and suspect that they intentionally make it hard for me to share online. The one I sent them was digital and had hyperlink bookmarks for ease of navigation.

You can see their doc here: 
https://drive.google.com/file/d/1eZv0vbP4u30lu3ld9Z0Jka3eh7bg-FaY/view?usp=sharing

Any missing pages were just blanks or Exhibit Ref numbers. I've instead added these refs - 'GS2 ' etc  to the top left of the relevant pages. 

GS1 is the agreement between Network Homes and UKCPM, plus email on (their page numbers) pp17-112
GS2 is their signage -which you've already seen-  on p114 
GS3 is a blurred overhead pic of the parking area on p116
GS4  are photos of my car parked without displaying their permit which you've already seen, pp118-122
GS5 are copies of the PCNs sent to me by UKCPM pp124-127
GS6 is the most interesting - the letter sent Jan 2019 to the residents/ occupiers of wood court issuing the permits p129
GS7 Gladstone's 'letter before claim' sent to me 5th Feb 21

ehannahr

Hmmm. just got an email saying that my trial (2pm Monday 09/05/2022) is now on the unassigned list. Please attend at Central London County Court, WC2A 2LL, Strand, London, Thomas More Building.
Does that mean I'll just be sat waiting for a slot that may or may not appear?

Le_Kirk

Probably a question better asked of the court but, since they are now closed and it is Friday, you will have to turn up and see!

ehannahr

So my case was heard yesterday...  and the judge decided in my favour

Nobody from the Claimant's side attended. The court did not have any of the documents -  possibly due to the late transfer to a different court  - and had to take copies of mine. Luckily I had everything with me, including the claimant's witness statement.

He read everything through in about 15 minutes so probably didn't really digest all the details - but he asked me to summarise my points verbally.   As the claimant was not there, he did not allow me to show any more evidence documents.

When he made his judgement, his main point was that the claimant had not proved that they had the right to issue tickets to allotment car parking spaces. It was up to them to prove this and they had not, particularly by not turning up. 

He did not award me costs above the £95 plus approx £10 travel because he said I would need prove abuse of process and the bar for that was quite high. I argued that the claimant had pushed forward with unnecessary legal proceedings without looking in any detail at my case, and could have avoided wasting my time and the court's simply by checking.  However he considered that the case was quite nuanced and that it was therefore not an abuse.  

Huge thanks to everyone on this site who helped me prepare -  @Johnersh @KeithP @Fruitcake @Johnersh @Le_Kirk @Jenni_D @95Rollers @Umkomaas - but especially @Coupon-mad -  your advice was invaluable.   I am trying to get a transcript of his verdict so I can then present it to UKCPM & Network Housing and argue that they should put all our car regs on the 'safe list' as per wording in their own contract.  Let me know if there's anything that would be useful for this forum to see. 

Best wishes, Hannah

Jenni_D

Don't bother with a transcript of the hearing ... that can cost quite a bit of money and won't really tell us anything new. A written copy of the judgment will be posted to you.

Congratulations! Another One Bites The Dust!  

95Rollers

Well done. Its a pleasure to read this news.

Umkomaas

Nice one, great result against UKCPM, the country's most litigious operator. 👍

Humdinger1

Ha ha! Cue the maniacal laughter! Well done love Humdinger x