Preparing a Defence for UK Park management

Daiapolon2021

thanks @Coupon-mad  and @Castle ! I will remember those for the hearing. So I take it no more comments on the WS? Reattach last version here https://www.dropbox.com/s/3mulbl0szjb3a8r/WS IPC v4.pdf?dl=0. Also if you can suggest defences to read I will add them to my list (read 3 so far). Thanks again!

Coupon-mad

Actually, as you haven't filed and served your WS yet you should address the untruth in their WS in yours, and quote the CRA section as @Castle pointed out. No need to wait for the hearing if you can raise it now as well.  State what your business was at the place and that you were certainly acting as a consumer.

Also add in any other observations about their photo evidence, such as if the signage photos are undated or even worse, just stock photos of a sign template on an office table.

And look closely at the landowner authority. Does it have the proper full name of this Claimant (we've seen a version supplied by UKCPM for more than one site that isn't even in their name but instead talks about a firm called UK Car Parking Management Ltd').  Completely different and dormant company. 

Also look to check the actual landowner has signed it  (not an agent without title) and that the enforcement map includes the place parked.

Also check things like how long in minutes the photos show the car stopped for.

A couple of minutes only? No fair grace period allowed, then...

And no PCN affixed to the windscreen?  PCN only posted? You could say that breaches the CRA 2015 by failing to draw the 'consumer notice' (the PCN) to the attention of the driver on the day.  That's an issue that the new statutory CoP deals with and clearly states is a potential breach of the CRA 2015.

Go through all their rubbish with a fine tooth comb and add in some rebuttals.

Daiapolon2021

Coupon-mad said:

Actually, as you haven't filed and served your WS yet you should address the untruth in their WS in yours, and quote the CRA section as @Castle pointed out. No need to wait for the hearing if you can raise it now as well.  State what your business was at the place and that you were certainly acting as a consumer.

Also add in any other observations about their photo evidence, such as if the signage photos are undated or even worse, just stock photos of a sign template on an office table.

And look closely at the landowner authority. Does it have the proper full name of this Claimant (we've seen a version supplied by UKCPM for more than one site that isn't even in their name but instead talks about a firm called UK Car Parking Management Ltd').  Completely different and dormant company. 

Also look to check the actual landowner has signed it  (not an agent without title) and that the enforcement map includes the place parked.

Also check things like how long in minutes the photos show the car stopped for.

A couple of minutes only? No fair grace period allowed, then...

And no PCN affixed to the windscreen?  PCN only posted? You could say that breaches the CRA 2015 by failing to draw the 'consumer notice' (the PCN) to the attention of the driver on the day.  That's an issue that the new statutory CoP deals with and clearly states is a potential breach of the CRA 2015.

Go through all their rubbish with a fine tooth comb and add in some rebuttals.

hi I went through all the above and this is the section I added on my WS adding some points from my Defence as well (you can find revised doc here https://www.dropbox.com/s/0x5xevtc462wh3f/WS IPC v5.pdf?dl=0). Landowner could have signed the authority but all signatures have been blacked out.

Comment on Claimant’s Witness Statement dated 21st June 2022

1.     The Claimant’s solicitor sent his client’s Witness Statement very close to the deadline solely via post to my address.

2.     Whilst the document underlines multiple times how the Defendant’s Defence utilises templates taken from the Internet, the Claimant’s Witness Statement makes assumptions that can only be taken from a template that has not been adapted appropriately to this specific case.

3.     In paragraphs 25 and 44 of the Claimant’s Witness Statement it is stated that there is an area where motorists can pay using the ‘Just Park’ app, but (a) such area was not visible from where the Driver parked and (b) there was no signalling near where the Driver parked to effectively make the choice.

4.     In paragraph 48 the Claimant’s solicitor states that additional photographs could have been requested through them or the Claimant. This is incorrect as a Data Subject Access request (”DSAR”) has been sent to the Claimant’s DPO on 6th September 2021. The Claimant’s DPO duly replied on the 22nd of September 2021 with the DSAR.

5.     In paragraph 51 of the Witness Statement the Claimant’s solicitor states the Consumer rights act of 2015 bears no relevance to the PCN. This again seems to be taken from a previous case and not adapted to the current one. The driver had parked in the Claimant’s site on Saturday 3rd of August 2019 solely for the purpose of dining in a nearby restaurant and was stationed around one (“1”) hour solely for that purpose. In addition to this, under section 2(4) (Key Definitions) of the CRA2015 “a trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it”.

6.     The photographic evidence of the front of a vehicle windscreen, on the Claimant's Formal demand letter, does not clearly show that the photo in question is of the Defendants vehicle. There are no identifying features in this photo that suggest it is of the Defendants vehicle, such as a number plate or vin number.

7.     The photographic evidence provided shows the vehicle situated in an area with no clear marked bays; therefore, it has not been made clear and obvious where the claimant constitutes where drivers are made liable for parking charges.

8.     In issuing the PCN, the claimant has failed to comply with the Protection of Freedoms Act 2012 (“POFA”). Under the conditions that have to be met for the right to claim unpaid parking charges from the keeper of the vehicle (Paragraph 4), Paragraph 7(2)(f) states that the notice to the keeper must 'specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.' The claimant has failed to specify the period of parking. The PCN states a time of 20:29, which is not a period of time.

9.     In addition to this the observation period was solely of six (“6”) minutes between 20:23 on 3rd of August 2019 to 20:29 on the same day. The specified time does not allow a fair grace period.

Let me know if any comments. Hearing is 14th July so I understand Thursday 4pm is the deadline (notice states 14 days before the hearing date). Thanks again!

Coupon-mad

Looks much better.

You could add to #5 that you object to the Claimant attempting to misdirect the court not to consider the CRA 2015 tests of prominence and fairness of consumer notices and terms. The court is reminded that such considerations are in any case, mandatory, whether a party raises the CRA 2015 or not:

s71
Duty of court to consider fairness of term

(1)Subsection (2) applies to proceedings before a court which relate to a term of a consumer contract. (2)The court must consider whether the term is fair even if none of the parties to the proceedings has raised that issue or indicated that it intends to raise it.

Daiapolon2021

great revised version here https://www.dropbox.com/s/lsqa349yfit75u3/WS IPC v6.pdf?dl=0. Thank you.

Daiapolon2021

hi does anyone have any more comments? I would like to send today. Thanks!

Daiapolon2021

Guess all good then I will send. Thanks for all the help.

Coupon-mad

Your WS is very good I think. I've already used it as an example for another poster.

Daiapolon2021

I saw thank you. All sent now. Fingers crossed!

Daiapolon2021

hi All, I have my hearing on the 14th. Have been reading on the forum but want to make sure I get it right. What I need to do is: 1) be on time (hearing will be on Teams) 2) Call the Judge Sir or Madam during the hearing 3) Prepare a crib sheet to use during the hearing (might even share it here...) 4) Read ANOTHER ONE BITES THE DUST. Any other things I should be aware of? It's the first time I do anything like this. Thanks in advance.