Court Claim form from UK Car park management & Gladstone

masatoi · 17 June 2018 at 9:03PM

Hi
I received a claim from for a parking charge of £250 inc fees from UK Car park management & Gladstone.

I’ve already acknowledged the claim (Received a confirmation) and now I’m preparing for the defence form.
I’ll state the details below I’d like to have advice about what my arguments can be.

On 2nd March 2017 I parked a lease car from a Volvo dealer within a communal parking slot within private car park of my flat I live as a owner.

This slot is pay & display during day time and after 17:30 it becomes permit holders only.
I usually park my car at my allocated space but on that day I left my permit in my car and didn’t have one for the lease car and I thought the slot I parked was free after 17:30 rather than permit holders only so I parked the lease car overnight and got a ticket on windscreen next morning.

I was going to ignore it but because it was a lease car I was worried that Volvo could pay to UK Car park management using my card details if they get PCN.

So I sent a letter to UK Car park management to confirm that I was the driver at the time of the incident. Since then I’ve been receiving letters from UK Car park management, Gladstone and debt collector. But I ignored all of them.

I didn’t receive anything for a while then I got a claim form on 13th June 2018.

I did my research about defence and I’m thinking to send part 18 request before I send my defence form. And I will include their response in my defence form.
Is this a good idea?

part 18 request
Please search for part 18 request on padi zendisk dot com

With regards to argument point from my understanding in my case when I parked the slot the space was permit holders only so there was no contract but it was trespass which only can be claimed by the landowner.
Is this correct?

Your advice would be much appreciated.

Coupon-mad · 18 June 2018 at 12:36AM

Can if you like, but I'm not a fan of part 18 requests unless there is stuff you actually need to know. Also you don't attach anything with the defence, and a response won't be received in time anyway.

So IMHO all you would be doing would be to divert yourself away from the defence.

Why not search the forum for:

UKCPM residential

or

UKCPM Jopson

or

defence Union Jack Skelly,

to read defences written in exactly the same scam circumstances re a penalty for parking at your own home?

Why are UKCPM even there and why are you even jumping to their tune & thinking you 'must' display a permit? Why not opt out and lobby for them to be removed, nasty ex-clampers who have no place near your home/car?

I'd move, or would never have moved in with that lot infesting the site.

Who was there first, you or UKCPM?

Do you own the flat, or rent it from a private landlord, or as a HA tenant?

What does your lease/tenancy say about parking/right of way?

What did the letter say introducing the permit scheme?

masatoi · 19 June 2018 at 1:52AM

Hi Coupon-mad

Thank you very much for the reply. Please find my answers to your questions below.

>Who was there first, you or UKCPM?
>Do you own the flat, or rent it from a private landlord, or as a HA tenant?

Im the owner of the flat and the leaseholder of one of parking bays.
UKPCM took over to manage the car park 2 years after I moved in.
I cant remember who the previous management company was.

>What does your lease/tenancy say about parking/right of way?

I checked the lease agreement but nothing says about displaying a permit etc.

>What did the letter say introducing the permit scheme?

The letter from UKCPM came with my permit says below

We are writing to inform you that UKCPM has been requested to takeover and operate a parking management service incorporating the above address. Our service will commence by 1st February 2016 and will operate on 24 hour 7 day a week basis to alleviate the onging problems with unauthorised parking and to provide privacy to residents with allocated parking.

Your property is also entitled to use the communal yellow parking bays. Please find enclosed your new RED MHT Communal Parking permit to use within the yellow marked bays on Sunday and 5:30pm to 9:30pm.

>I'd move, or would never have moved in with that lot infesting the site.

Yes, you are right. After reading through the agreements Im the legal lease holder and UKPCM is acting like the parking area is their own land which is ridiculous and unacceptable.

Do you think I should ask the management company to contact UKPCM to cancel the claim?
If so what would your advice be in terms of what/how to write to them?

In the meantime I will prepare my defence form.

Thanks again.

nosferatu1001 · 19 June 2018 at 8:31AM

Dont ask, tell
State you are the leasheolder of the space, they had no right to offer YOUR parking space to another company to operate their business from, inviting ythe general public to park there (albeit at a high price) and certainly they are not there to inconvenience or harass you - they can only be there to benefit you. You require they cease and desist
At the same time tell the MC and the PPC that they have no rights to enter your space, and you will regard this as trespass. Any further tickets, after this, wil lbe prima facie evidence of trespass. You only displayed the permit as a courtesy, but will now expect them to remove you from the scheme they had no rights to opt you into in the first place.

They have 7 days to confirm that this has been done.

Coupon-mad · 19 June 2018 at 11:16AM

Yep, please read this one and the quote I gave in my reply, which comes from a defence. You too will need a defence, because UKCPM will sue you:

https://forums.moneysavingexpert.com/showthread.php?t=5857917

Your life will be a misery whilst these ex-clampers maraud among your cars. Get rid of them, and/or opt out for your space(s) - you have NO reason to display a permit or allow the likes of these lowlifes to touch your car.

I'm the owner of the flat and the leaseholder of one of parking bays.

I have no idea why so many residents come here telling us they have effectively allowed this to happen at their homes, by blindly accepting a permit scheme for a bay they own/have rights to park in already... Please don't tell me you have agreed to display a permit at risk of a fine, for parking in the bay you own?!

You need to get angry, involve your MP, and ultimately UKCPM will sue you and you are 99% likely to win, by staying on this forum (we have a 99% court win rate for the past 18 months - and earlier but figures were not kept until 2017). read the words from Parliament from February, declaring this entire industry an ''outrageous scam'' and asserting that ordinary residents should not have to put up with it.

One good thing about the letter you quoted, it reaffirms your unfettered right to park in a yellow communal bay (as well as the bay you own) and I see nothing telling you that by accepting a permit, you have agreed to any further terms, on signage or otherwise.

The_Deep · 19 June 2018 at 11:22AM

Write to your MP

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

masatoi · 20 June 2018 at 11:08PM

Hi all

Thank you again for your advice. This issue is becoming interesting as well as frustrating.

I emailed my property management company (HML anderton) to cancel the court claim and they pointed out 2 things.

I advise that we as Managing Agents do not get involved in parking enforcement disputes on developments.

As you are fully aware that the development has parking restrictions and all vehicles must display a valid parking permit or must of purchased a ticket from the pay and display machines during the hours of 9.30-5.30 Monday to Saturday failing to display a permit will result in getting a penalty charge notice. It should also be noted that back in March on the actual PCN notice it would of given option that if you disputed this charge then you needed to raise it with the parking enforcement at the time.

The parking enforcement company is employed by the Management Company Rosehill Triangle (2003) Management Company Ltd to attend site regularly and they are entitled to issue parking charges for any vehicle they believe are not adhering to the parking restrictions on site.

So they are saying UKCPM is not employed by HML but a company called Rosehill Triangle (2003) Management Company Ltd.

I googled Rosehill Triangle (2003) Management Company Ltd and there was no information about them but companieshouse gov uk shows that HML COMPANY SECRETARIAL SERVICES LIMITED is the current officer for them.
And Companies house also shows that Rosehill Triangle (2003) Management Company Ltd has no registrable person or registrable relevant legal entity in relation to the company.

So my property company (HML) is saying that this paper company (Rosehill Triangle) is responsible and the employer of UKPCM.

I will prepare my defence form but other than that is there anything else I could do at this stage?

My claim form was issued on 13 June so I still have a bit more time.

KeithP · 20 June 2018 at 11:19PM

masatoi wrote: »

My claim form was issued on 13 June so I still have a bit more time.

Indeed you do.

As you have done the AoS, you now have until 4pm on Monday, 16 July 2018 to file your Defence.

Coupon-mad · 21 June 2018 at 12:29AM

Just like all the other second week in June batch of UKCPM claims in here right now. Read every single one, saves us typing the same thing and may well help you prepare.

masatoi · 21 June 2018 at 1:42AM

will this letter work if I send to Gladstone?
Should I tell them I'm the leaseholder?

Dear Gallstones,
I am prepared to settle out of court - here is my offer:

1. You withdraw your claim in it's entirety
2. You pay me £25 as a goodwill gesture for the harassment you've caused in bringing this claim
3. You remove all of my details from your system and never contact me again (after completing item 2).

Failure to accept this offer will lead to me seeking punitive costs for your unreasonable behaviour WHEN I win the case - you have no justification to bring this claim as you are claiming against the wrong party.

System · 21 June 2018 at 5:40AM

will this letter work if I send to Gladstone?
Should I tell them I'm the leaseholder?

No. You have a live claim. You follow the instructions in the Newbies thread and send in a defence. The defence will be you are a leaseholder and entitled to park your car in that space.

Gladstones work for UKCPM and only UKCPM can cancel and they won't. They will take this all the way to a hearing at court as this is the method they use to frighten people into paying.

So you can pay now and save the hassle but it will be on the basis that a) you are being scammed and b) you will be on their list to be scammed over and over again.

You should read post 31 here as it shows a solid argument you should include in your defence - if you are going to defend.

https://forums.moneysavingexpert.com/showthread.php?p=73735850#post73735850

Court Claim form from UK Car park management & Gladstone

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