County Court Claim - Private PCN from UK CPM

Amis95 · 24 June 2019 at 6:59PM

Hi guys,
Wondering if you can help me. I received a claim form from County Court Business Centre, Northampton for Private parking fine received back in June 2018. I wasn’t wise in responding to any letters to date hoping it will go away which is my bad hence landed on this site for help.

Here are all the info you may need:

Name of the Claimant – UK Car Park Management
Claimants Solicitors – Gladstones
Date of issue – 10/06/2019
(Deadlines - 29th June for AOS & 12th July for Defence)
Particulars of claim:
‘The driver of the vehicle with registration xxxxxx (the vehicle) parked in breach of the terms of parking stipulated on the signage (the contract) at 93-101 GREENFIELD ROAD – LONDON GREATER LONDON E1 1EJ, on 11/06/2018 thus incurring the parking charge (the PCN). The driver of the vehicle agreed to pay the PCN with in 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £11.69 pursuant to s69 of the County Court Act 1984 at 8.00% per annum, continuing at £0.4 per day.’
Value of the claim - £246.69
The claim has been issued by the Private parking Company
Date of the infringement - 11/06/2018
Date on the NTK issued – 14/06/2018
They took two pictures of my car and printed them in the letter
As mentioned, I did not respond to any communications.
I received, NTK, Formal Demand letter in July 18, two DRP letters on Aug 17 and one in Sept 18, and three Gladstones letter in Oct 18 and then ‘letter before claim’ in March and April 19.

I will do the AOS asap and send a SAR to UK CPM.

Please help me with writing a defence, I have already read through many, but they are a bit overwhelming as I am not sure what my grounds are. I am sure the driver did not agree to pay anything as they have stated in the particulars of the claim. This was a Camera PCN so whoever was driving the car would have not known that they received a PCN. Also, I have visited the car park to see the signage and they are appalling. They are affixed high, with tiny fonts and the signages are blocked with bins and other materials so you can’t get close to it. There are no signage at the entrance of the car park.

I look forward to your response.

Thank you

KeithP · 24 June 2019 at 7:12PM

Amis95 wrote: »

I received a claim form from County Court Business Centre, Northampton.

Date of issue – 10/06/2019
(Deadlines - 29th June for AOS & 12th July for Defence)

You are almost right with your target dates.

With a Claim Issue Date of 10th June, you have until Monday 1st July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 15th July 2019 to file your Defence.

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

When you are happy with the content, your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

You need to be reading post #2 of the NEWBIES thread to find out exactly how to compile a winning Defence.

Coupon-mad · 25 June 2019 at 12:11AM

Please help me with writing a defence, I have already read through many, but they are a bit overwhelming as I am not sure what my grounds are. I am sure the driver did not agree to pay anything as they have stated in the particulars of the claim. This was a Camera PCN so whoever was driving the car would have not known that they received a PCN.

OK, same as all other Gladstones cases. Use bargepole's concise defence from the NEWBIES thread post #2, and add your own facts, then change to ending to the longer version (ADD PARAGRAPH NUMBERS!) about disproportionate costs, that you read in all the recent defence threads.

Also, I have visited the car park to see the signage and they are appalling. They are affixed high, with tiny fonts and the signages are blocked with bins and other materials so you can’t get close to it. There are no signage at the entrance of the car park.

Good, albeit this detail and evidence will go later, at WS & evidence stage.

Amis95 · 25 June 2019 at 10:42AM

Hi @KeithP and @Coupon-mad,

Thank you both for the swift reply. Keith, I will do the AOS today and follow your instructions for the defence. Coupon-mad - I will give a shot and share it with you soon.

Thank you again

beamerguy · 25 June 2019 at 11:17AM

THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions

Gladstones still trying to scam you with a fake £60

With any defence where this scam charge is introduced, you ensure that the judge is fully aware of this attempt of double recovery

On the 10th of June 2019, District Judge Taylor threw out a BWLegal claim due to ABUSE OF PROCESS

Full story here ....
https://forums.moneysavingexpert.com/showthread.php?t=6014081

The_Deep · 25 June 2019 at 12:30PM

Furthermore, the solicitors know full well that they are asking an excessive amount, monet to which they are not entitled, so complain against them to their regulatory body, the SRA

http://www.sra.org.uk/home/home.page

and to your MP.

Nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Amis95 · 9 July 2019 at 5:48PM

Hi Guys,

I have drafter the defence, I welcome your feedback:

In The County Court
Claim No: XXXXXXX
Between
UK Car Park Management Limited (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

3. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. The Claimant also stated in the Particulars of Claim that ‘the driver of the Vehicle agreed to pay the parking charge within 28 days of issue yet failed to do so’. However, the claimant has failed to provide evidence of that agreement and failed to identify who the driver that it is referring to.

5. It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding the driver as the claimant failed to comply IPC Code of Practice ‘PART E Schedule 1 – Signage’.

6. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

8. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I confirm that the contents of this defence are true to the best of my knowledge and belief.

Name xxxxxxxxx
Signature xxxxxxxxx
Date xxxxxxx

KeithP · 9 July 2019 at 6:05PM

Para 2 should surely say: "Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct"

Amis95 · 10 July 2019 at 2:36PM

Thanks KeithP,
any other feedback from anyone else? I would really appreciate it please

Amis95 · 11 July 2019 at 3:06PM

Hi guys,

I have cut it down a bit following feedback from CAG forum. I was thinking to add the rest of the points at WS stage.

Planning to submit it tomorrow morning.

In The County Court

Claim No: XXXXXXX

Between

UK Car Park Management Limited (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability so no cause for action against the defendant. The claimant has failed to show locus standi so the defendant does not believe they have a right to bring an action against anyone.

3. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant so no cause for action can have arisen.

4. The Claimant also stated in the Particulars of Claim that ‘the driver of the Vehicle agreed to pay the parking charge within 28 days of issue yet failed to do so’. However, the claimant has failed to provide evidence of that agreement and failed to identify who the driver that it is referring to.

5. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I confirm that the contents of this defence are true to the best of my knowledge and belief.

Name xxxxxxxxx
Signature xxxxxxxxx
Date xxxxxxx

Amis95 · 11 July 2019 at 3:13PM

quick question, do PPC need planning permission to put signs up on the sides of their building/property?

County Court Claim - Private PCN from UK CPM

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