Gladstones taking me to court for UK CPM

Yettym

Coupon-mad said:

And change 4:

d) The defendant denies that the unidentified driver of this car agreed to any contract from the Claimant .There is no section on the Defendant's tenancy agreement that mentions any parking permit and there are no obligations nor charges relating to parking.  The Defendant has primacy of contract, enjoys all the rights and easements held by the landlord and was not the driver.  Even if they had signs up somewhere to deter trespassers, the Claimant is an unknown third party with no cause of action against the Defendant.

Noted thanks 

Yettym

Redx said:

The driver may well be responsible for the actions of the vehicle  If known , but there is no obligation on you as keeper to name the driver. If you read the above they keep talking about the driver , using the word driver , but not the keeper , so no mention of keeper responsibility or liability

The keeper can only be liable if the claimant has complied with POFA , which many don't , so as keeper you should be checking each NTK PCN for POFA compliance , or non compliance , as explained in the newbies FAQ sticky thread , first post. Non compliance means that you would have no liability !

You should appeal all of them , if possible , as keeper , but do not expect UK CPM to accept your appeals and cancel the PCNs , plus do not expect the IAS to do so either , rejection is extremely common

As for your DEFENCE above , 2) should say but , not and , so it's , but not the driver

Thanks Redx, my question is that, will the Judge not ask me to name the driver?
Also appealing at the moment I think will be a waste of time since we know they will reject it.

Redx

Yes the judge may ask , but you can decline to say , no comment , but suffice to say that it was not me , or similar !

Always appeal , otherwise it looks bad in court , a defendant is expected to engage with the claimant , be foolish not to

Some people try to finish in the great North run , even though they know they probably won't finish , or knowing that they will pull a muscle and drop out

If we didn't strive to reach the moon , or fly , we wouldn't get anywhere , it's the taking part that counts

Yettym

So guys, when do you think I can send in my defence? Shall I wait for the SAR ? Have a look below 👇
thank you so much guys .

IN THE COUNTY COURT

Claim No.: XXXXXXXX

Between

UK CAR PARK MANAGEMENT LIMITED 

(Claimant) 

- and -  

         YXXXX                         

 (Defendant)

____________________

DEFENCE

____________________

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.    It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident but not the driver of the vehicle therefore liability is denied.

3.    The identity of the driver of the vehicle on the date in question has not been ascertained.
a) The Claimant did not identify the driver
b) The Defendant has no liability, as they are the Keeper of the vehicle and the Claimant must rely upon the strict provisions of the Protection of Freedoms Act 2012 in order to hold the defendant responsible for the driver’s alleged breach.
c) The Claimant's increasingly demanding letters failed to evidence any contravention or clear/prominent signage. Further, the Notice to Keeper (postal 'PCN') failed to give the statutory warning to the registered keeper about the '28 day period' which is mandatory wording as prescribed in paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012. Consequently, the Claimant is unable to rely on the 'keeper liability' provisions of the POFA.

d) The defendant denies that the unidentified driver of this car agreed to any contract from the Claimant .There is no section on the Defendant's tenancy agreement that mentions any parking permit and there are no obligations nor charges relating to parking.  The Defendant has primacy of contract, enjoys all the rights and easements held by the landlord and was not the driver.  Even if they had signs up somewhere to deter trespassers, the Claimant is an unknown third party with no cause of action against the Defendant.

Redx

KeithP gave you the answer on page one , 5 days ago !!

Coupon-mad

There are no awful templates for complaints to MPs, thank goodness.  Template complaints are useless because they lose meaning if the complainant doesn't write from the heart.

Yettym

Redx said:

Yes the judge may ask , but you can decline to say , no comment , but suffice to say that it was not me , or similar !

Always appeal , otherwise it looks bad in court , a defendant is expected to engage with the claimant , be foolish not to

Some people try to finish in the great North run , even though they know they probably won't finish , or knowing that they will pull a muscle and drop out

If we didn't strive to reach the moon , or fly , we wouldn't get anywhere , it's the taking part that counts

Thanks Redx, you know I already lost an appeal on same ticket and case in county court already, so are you saying I can appeal again? If yes …..how please?

Redx

Yettym said:

Redx said:

Yes the judge may ask , but you can decline to say , no comment , but suffice to say that it was not me , or similar !

Always appeal , otherwise it looks bad in court , a defendant is expected to engage with the claimant , be foolish not to

Some people try to finish in the great North run , even though they know they probably won't finish , or knowing that they will pull a muscle and drop out

If we didn't strive to reach the moon , or fly , we wouldn't get anywhere , it's the taking part that counts

Thanks Redx, you know I already lost an appeal on same ticket and case in county court already, so are you saying I can appeal again? If yes …..how please?

I am only saying that for each and every new PCN that arrives in the post , you ALWAYS , repeat ALWAYS appeal it , within a month , the newbies FAQ sticky thread near the top of the forum tells everyone to appeal a new PCN , regardless

Once the appeal time has passed , it's pointless appealing , because the time to do so has passed , so not for older ones or rejected ones

So appeal any PCN that arrived this month , and next month , and in the future months , each and every PCN

Don't bother appealing any that came before this month , so no point appealing anything prior to September 2021

The golden rule is , ALWAYS appeal any PCN in good time , usually within 3 to 4 weeks of its first arrival , do not ignore a PCN !

Appealing a lost Court claim is expensive , time critical , and not to be undertaken lightly , so no , I am not saying to appeal a CCJ !

We are not allowed to give legal advice , so do not ask for it. , Thank you

Yettym

Redx said:

Yettym said:

Redx said:

Yes the judge may ask , but you can decline to say , no comment , but suffice to say that it was not me , or similar !

Always appeal , otherwise it looks bad in court , a defendant is expected to engage with the claimant , be foolish not to

Some people try to finish in the great North run , even though they know they probably won't finish , or knowing that they will pull a muscle and drop out

If we didn't strive to reach the moon , or fly , we wouldn't get anywhere , it's the taking part that counts

Thanks Redx, you know I already lost an appeal on same ticket and case in county court already, so are you saying I can appeal again? If yes …..how please?

I am only saying that for each and every new PCN that arrives in the post , you ALWAYS , repeat ALWAYS appeal it , within a month , the newbies FAQ sticky thread near the top of the forum tells everyone to appeal a new PCN , regardless

Once the appeal time has passed , it's pointless appealing , because the time to do so has passed , so not for older ones or rejected ones

So appeal any PCN that arrived this month , and next month , and in the future months , each and every PCN

Don't bother appealing any that came before this month , so no point appealing anything prior to September 2021

The golden rule is , ALWAYS appeal any PCN in good time , usually within 3 to 4 weeks of its first arrival , do not ignore a PCN !

Appealing a lost Court claim is expensive , time critical , and not to be undertaken lightly , so no , I am not saying to appeal a CCJ !

We are not allowed to give legal advice , so do not ask for it. , Thank you

Noted, thank you!

Yettym

Hi guys, I have sent off my Defence today thanks to you guys. Awaiting their response.