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CPMS LTD County Court Claim form received

13

Comments

  • Nielken
    Nielken Posts: 20 Forumite
    Bad news - I lost

    Interestingly the judge started off by telling CPMS that because it was a private, gates community no contract could exist as there was no offer of anything in return. However, because they had not implicitly said it was a breach of contract case he asked them if they wanted to proceed on the basis of a 'trespassing' case.

    Despite making the points I did, in addition to the complaint about the signage being placed the wrong way, and also plaques on the floor being miniscule, therefore making it bordorline impossible to understand which bay to park in, the judges view was that actually it was fully my responsibility to ensure that I searched out the signage, read it and understood it, and subsequently searched out the placque. I couldn't really argue this.

    In addition he deemed the penalties fair and in line with the guidance given to parking companies.

    Therefore I have to pay £250 which is the two consecutive fines and also the court hearing fees.

    Not happy with the result as off the back off literally going to see my sister in law with my wife and parking in their allowance (Albeit the wrong space) it's been an experience.

    Still - you learn.

    Thanks so much to everyone that helped me with the defence and the information, what a community!

    I wouldn't have been nearly as prepared as I was and if I ever have friends / family, or end up with anything like this again myself will be way better equipped to handle it.

    Thanks everybody

    Niel
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Wait, the judge allowed this as a TRESPASS claim???

    Are you absolutely sure?

    ONLY the landowner can sue for trespass, and ONLY for actual damages. CPMS are NOT the landowner.
  • System
    System Posts: 178,090 Community Admin
    Photogenic Name Dropper First Post
    As above - it's in Beavis (in line with the guidance given to parking companies. )

    Name of judge as you shouldn't have lost this one.

    Another point which you wouldn't know is that this claim is from the MIL Collections stable even though it was CPMS.
  • Nielken
    Nielken Posts: 20 Forumite
    I can't remember the name of the judge but it will come through on the order in due course. I was quite angry when I go the verdict and in my anger have forgotten his name.

    Not only was it passed as a trespass claim due to the private land nature of the parking the judge did make mention of the fact that he was satisfied the Claimants contract with the landowner allowed them to act in this manner.

    He also said that where he has parking companies pursuing breach of contract claims in similar circumstances he almost always advises them to bring it as a trespass claim, because the nature of the claim had not specifically been stated as Breach of contract he asked CMPS if they wished to pursue under trespass and was happy to allow it as such.

    As soon as it was trespass in my opinion the judge disregarded the signage issue and the placques issue as it was no longer parking contract, it was now trespassing - and he viewed it as my responsibility to review the signage, and the placques to ensure my vehicle was in the appropriate space. He also likened it to parking in somebodies drive etc.

    So I now wait on the outcome letter and at this point am just expecting to pay it and forget about it, the judge said at the beginning there would be no right to appeal unless he had made a flawed decision in the law.

    At this stage is it worth contesting or should I just chalk it up to experience and the experts on this forum can be prepared for the trespassing change next time someone comes up against this?

    I'm so surprised that the judge felt the punishment of parking in the wrong space fit the crime, I get it was the wrong space and somebody else couldn't park in 'their space' but still it feels quite dis-proportionate to me.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Plaque

    You can go for an appeal - I would. ONLY the landowner can sue for trespass, the signs are irrelvant. In fact, its like someone sticking signs on YOUR drive and then charging you...!
  • System
    System Posts: 178,090 Community Admin
    Photogenic Name Dropper First Post
    You can go for an appeal - I would. ONLY the landowner can sue for trespass, the signs are irrelvant. In fact, its like someone sticking signs on YOUR drive and then charging you...!

    Be careful as the OP has not shown the bundle.

    We do not know if the OP had trespassed on someone else's demised space which few judges would allow.

    Put up the bundle, especially the site plan and where the car was parked.
  • Nielken
    Nielken Posts: 20 Forumite
    Not sure how to attach a local file from my machine.

    Can email you if that works?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Again, the parking company has no standing on trespass. The judge would have to invent standing to allow it, and they woul dhave erred in law to do so.

    Host it at drop box, tinypic if you have something tiny pic will read, and post a BROKEN link ie a link that does not work - change the "http" to "hxxp", for example.
  • Nielken
    Nielken Posts: 20 Forumite
    edited 30 November 2017 at 4:54PM
    OneDrive link works for me, let me know if it doesn't work

    hxxps://1drv.ms/b/s!Ahc56HpktTYgxz9UjHIZG9QluSdR
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    https://1drv.ms/b/s!Ahc56HpktTYgxz9UjHIZG9QluSdR

    Sadly cant access this at work - can others review?
This discussion has been closed.
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