Potentially one year worth of PCNs (WON)

Baylex

Update on this, yesterday I received the C's WS. They mention that they will not be present at the hearing.
Long story short, they are stating that on the 23/05/2023 UKCPM passed on my case to Gladstones. The address that they received from UKCPM was my old address, obviously. Even though I was in touch with UKCPM throughout the entire time and they literally knew my address.
So, obviously they are now saying on their WS that they (Gladstones) used the UK Search to find me at the alternative address, quote "in order to satisfy the requirements for service of a Claim Form as prescribed by 6.9 CPR , in particular 6.9 (3)."
Then they go on saying that they got in touch with me at the new address, to which I failed to confirm that I was living at said address (which is not true).
On the 24/01/2023, way before the date they mentioned on their WS (23/05/2023), I had requested as SAR from them with all the info they had on me, including for all cases to be put together and be treated as one, which they did not do. At the end of that email I tell them about my new/ current address.
So essentially their WS is just a bunch of lies... it literally gets my blood boiling... 

But matters not. I am currently doing my crib sheet. However, with the information I shared, any point I can make to the judge regarding all this? Obviously all the info is on my exhibits, so I got proof that I indeed gave them my address.

Last thing, just to make sure I understand the point I'm trying to make, I wish for the claim to be struck out as per CEL v CHAN. The claim was not properly served under CPR 6.9. Since CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

Baylex

Also, the last bit of their WS worries me.... Is it saying that even if it gets set aside they will continue to proceed the claim against me?

Coupon-mad

Because they hope the Judge won't strike the claim right out!

But you are going to ask the Judge to do exactly that as per Chan, which was also a CCJ set aside case, which went to appeal.

This is shocking conduct:

On the 24/01/2023, way before the date they mentioned on their WS (23/05/2023), I had requested as SAR from them with all the info they had on me, including for all cases to be put together and be treated as one, which they did not do. At the end of that email I tell them about my new/ current address.
So essentially their WS is just a bunch of lies... it literally gets my blood boiling... 

By 'they' do you mean Gladstones or UKCPM?

Baylex

By "they" I mean Gladstones. Apologies, maybe I didn't explain myself properly. I sent an email requesting the SAR to UKCPM. A few minutes later I sent an email to Gladstones to inform them that I asked their client for a SAR and told them to treat all cases as one and told them about my current address. So both parties were notified of the actual address on the 24/01/2023.

Coupon-mad

Baylex said:

By "they" I mean Gladstones. Apologies, maybe I didn't explain myself properly. I sent an email requesting the SAR to UKCPM. A few minutes later I sent an email to Gladstones to inform them that I asked their client for a SAR and told them to treat all cases as one and told them about my current address. So both parties were notified of the actual address on the 24/01/2023.

I hope your Judge agrees when they hear this, that the service of the claim form to an old address and what looks to you like lies in the WS is worthy of an uplift in your costs.

Baylex

Coupon-mad said:
I hope your Judge agrees when they hear this, that the service of the claim form to an old address and what looks to you like lies in the WS is worthy of an uplift in your costs.

Hopefully the Judge will be able to see through their shady WS...
Also, what do you mean by "uplift in your costs"?

Baylex

This is my crib sheet:

Crib Sheet

Facts of event:

    - The permit on my vehicle detached from the windscreen and fell to the footwell of my vehicle, on the passenger's side.

    - First PCN letter from UK Car Park Management, received at the end of November at my current address.

    - Upon that, I realised that the permit was in fact not attached to the windscreen of the vehicle

    - I exhausted all possibilities in trying to get the PCNs cancelled. Either by appealing directly to UKCPM, Gladstones, the Independent Appeals Service and even the property management company ( name of property management) that works alongside the landowner.

Defence:

    - Poorly served PoC. Claim should be struck out as it fails to Comply with Civil Procedure Rule 16.4 and Practice Direction Part 16, as per CEL V CHAN

    - Claimant's Witness Statement mentions in paragraph X, that UKCPM referred the matter to Gladstones on the 23rd of May 2023 stating that at the time they were given my old address, as per paragraph X. However, this falls through since on the 10th of December 2022, I appealed the first PCN and provided my current address to UKCPM (exhibit X-X). Not only that but I also sent out an email, on the 24th of January 2023, requesting a SAR to UKCPM and also informing them of my current address. I also made the request to treat all PCN under the same case, so that we could handle everything at the same time, this request was ignored (exhibit XX). Gladstones were informed on that same day that I had requested an SAR from their client and I advised them of my current address (exhibit XX).

    - (Property Management name), should have been capable of removing all PCNs on my vehicles as per my request (exhibit XX). There is a Parking Enforcement Contractual Agreement between the Property Management and UKCPM (Claimant's exhibit XX-X), because of that UKCPM should have not rejected the Proprietor's (being the property management) request to cancel all PCNs.

Costs:

    - Defendant recovers from the Claimant the N244 fee of £275 as per paragraph 1. (c) of my Witness statement

______________

What do you guys think? any other tips?
Also, can I take a hand written paper as my crib sheet?

Coupon-mad

"However, this falls through since on the 10th of December..."

Say it like it is:

"this is untrue"

Baylex

Indeed, let me make that correction.

Baylex said:

Coupon-mad said:
I hope your Judge agrees when they hear this, that the service of the claim form to an old address and what looks to you like lies in the WS is worthy of an uplift in your costs.

Hopefully the Judge will be able to see through their shady WS...
Also, what do you mean by "uplift in your costs"?

Also @Coupon-mad you might have missed the above post? could you just enlighten me on what you meant please?

Coupon-mad

https://www.lawgazette.co.uk/legal-updates/civil-procedure-unreasonable-conduct-and-costs/5061032.article