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CCJ loomimg?? Received Claim Form from County Court
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Skatergirl21
Posts: 6 Forumite
Any advice would be appreciated.
Today I have received a Claim Form from Northampton County Court for an unpaid penalty notice issued on 15/12/17 for an alleged offence on 06/12/17.
Car Park is managed by UK CPM. I have received a number of letters since the alleged offence from UK CPM which was a notice to registered keeper asking for details of the driver and asking to pay £100 or reduced to £60, then a debt company DRP then letters from Gladstone Solicitors- all of which have been ignored.
I received a Letter Before Claim from Gladstones on 21/09/18 and I ignored that too. Now I have received the Claim Form.
I have completed the acknowledgement on line and said I will be defending.
The car park in question is a private hotel- no barriers to it but it is in a quiet residential area.
There were signs that were not seen at the time (have been back and seen them) as it was dark (approx.6.50pm) and we was literally there for no more than 10 minutes.
As the registered keeper I have ignored all these letters
Any advice would be welcome.
Today I have received a Claim Form from Northampton County Court for an unpaid penalty notice issued on 15/12/17 for an alleged offence on 06/12/17.
Car Park is managed by UK CPM. I have received a number of letters since the alleged offence from UK CPM which was a notice to registered keeper asking for details of the driver and asking to pay £100 or reduced to £60, then a debt company DRP then letters from Gladstone Solicitors- all of which have been ignored.
I received a Letter Before Claim from Gladstones on 21/09/18 and I ignored that too. Now I have received the Claim Form.
I have completed the acknowledgement on line and said I will be defending.
The car park in question is a private hotel- no barriers to it but it is in a quiet residential area.
There were signs that were not seen at the time (have been back and seen them) as it was dark (approx.6.50pm) and we was literally there for no more than 10 minutes.
As the registered keeper I have ignored all these letters
Any advice would be welcome.
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Comments
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Most of your story is completely irrelevant, and in any case gives away far too much information about the driver, so I suggest to do some brutal editing.Skatergirl21 wrote: »Briefly …
It will only become a CCJ if you fail to defend, or you defend badly (e.g. trying to use that story to a judge, who won't be interested in sob stories, only legal points), lose, and then fail to pay up.Skatergirl21 wrote: »However now there is a chance it will become a CCJ I need to repsond and deal with it.
I would like to go to court and speak to a Judge to explain the situation but I am not sure it will help me win the case.
Time now to read the NEWBIES sticky thread thoroughly, and more than once (there's a lot there). Concentrate on the parts around how to defend court claims. Don't miss any deadlines, or it's and instant lose.0 -
Thanks for advice. I have only acknowledged claim today so have time.
I have looked at the Newbies link and can't find any templates of defence statements to send to the court?
Re the driver- there is no evidence of who the driver was but the letters say that if I do not identify the driver then the keeper is liable?
Any advice on whic line of defence i should take would be helpful or link to responses i can make?0 -
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.
Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)
and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..You never know how far you can go until you go too far.0 -
You need to be concentrating on #2 in the FAQ
That post covers Court claims right through from the lbcca to the hearing together with links to other resources and defences you can tailor0 -
You won't find any. This is not the time for templates, as every case is different. However you will find examples on other threads, but you'll have to search. Use CPM as a search term, they come up quite often with similar cases. Check out pepipoo.com too.Skatergirl21 wrote: »I have looked at the Newbies link and can't find any templates of defence statements to send to the court?
Only if they have conformed to the requirements of the Protection of Freedoms Act, which it is quite probable they have not. This will be one aspect of your defence.Skatergirl21 wrote: »Re the driver- there is no evidence of who the driver was but the letters say that if I do not identify the driver then the keeper is liable?
You don't take one line of defence, you take many. They have to pass every challenge you make to their claim. One trip on one point, and the claim fails.Skatergirl21 wrote: »Any advice on whic line of defence i should take would be helpful or link to responses i can make?
Signage will also be key, so if you haven't done so already, get photos of all the signage in the car park. UKCPM's signage is normally pretty poor, and can easily be contested that it adequately creates a contract which you have breached and are liable for the amount they claim.0 -
What is the Issue Date on your Claim Form?0
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For how much are they claiming in total?You never know how far you can go until you go too far.0
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Issue date is 7/11/18
They are claiming £170.78
Court fee £25
Legal costs £50
Total 245.78
Not sure what line of defence to take. Car was parked for approx 10 mins! Would have took me longer to read the sign and understand what it was saying! Especially as it was dark.0 -
Throughout here you are advised not to reveal who was driving
You need to edit your OP (as already advised in #2) AND your post #9 to remove details of who was driving0 -
How do I edit?0
This discussion has been closed.
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