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Claim Form Received from County Court Business Centre - for private parking charge notice

Hi,

First of all, thank you for all the support which is provided through this site and taking the time out to read this.


I am looking for some advice on what I can do.

I received 2 parking charge Notices from CPM (UK Car Park Management limited) for 'Unauthorised Parking' in a car park. I was not the driver of the vehicle of the time but I am the registered keeper.

The issue date was in December 2017 and January 2018 and was for £100 or reduced to £60 if paid in 14 days. It was sent to me in a post with two pictures of my car in the letter. The reason was 'unauthorized parking'. Since then, I received another letter called 'Formal Demand' roughly after 40 days of the first letter where it says to pay £100.

Then I started receiving DRP letters (Sometime around August 2018) asking to settle payment of £320. Following that, I received a letter from Gladstone Solicitors on Sep 17 asking me to settle payment of £320 and then another 'Letter before claim' in Oct 2017.

As I am a student living away from home I opened the letters after the 14 day period causing it to rise from £60 to £100 taking advice from other forums, I decided to ignore them and I never contacted or reply to any correspondence thinking that they will stop. I realize now that wasn't the route to take.

Now (March 2019), I have received a claim form from county court Business Centre, Northampton asking to pay CPM £348.50 + £35.00 court fee + £50 legal rep fee total of £433.50.

I haven't kept all the letters only the two from the solicitors stating letter before claim.

I believe I have a reason to fight this claim due to the driver of the vehicle at the time has said they took an exit from the car park having no visible signage. There was also no signage when entering. The car park only contained two signs which were located next to each other. Where the signage was on the other side of the car park wasn't clearly pointed out or illuminated.

I also believe the amount which is being claimed for the driver leaving the car for such a short amount of time (Quickly popped into a shop to pick up a parcel) does not justify such a huge amount of money especially when the contractual agreement to which the driver seemed to have agreed to was not clearly visible, or stated anything regarding debt collection fees.

Please, can you offer me advice on what to do next or? I have 9 days to acknowledge of service then submit my defense. I can upload pics of letters and photos upon request.

Please speak to me in layman's term as I don't fully understand the process.

Carpark name and town - 51-57 East Bond Street, Leicester, LE1 4SX
«13

Comments

  • Fruitcake
    Fruitcake Posts: 58,154
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    edited 20 March 2019 at 8:19PM
    Start by reading the guide to court written by bargepole that you will find in post 2 of the NEWBIES. This is a step by step guide from receipt of the LBC up to the court date.

    You start with the AoS saying you will defend, but do not put anything at all in the defence box, not even a full stop.

    Get pics of the site and signage as it is now, and see if you can find anything older on google street view that is more contemporaneous with the alleged event as well.
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  • KeithP
    KeithP Posts: 37,427
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    What is the Issue Date on your Claim Form?
  • ShakeItOff
    ShakeItOff Posts: 415
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    You're going to need to do your Acknowledgement of Service, and get cracking on your defence.

    If you answer KeithP's question, he will very kindly detail the deadlines by which you need to be submitting things.

    Definitely get reading post #2 of the NEWBIES thread, specifically the Bargepole defences. You will see that there are similar themes across the defences, and you will almost certainly want to pull the common themes into your defence.

    Lastly, if you haven't done so already, send a Subject Access Request to the DVLA and to UKCPM (both have Data Protection Officer contacts on their privacy pages on their websites). They have 30 days to furnish you with everything, so it may not arrive in time for your defence to be submitted, but that's okay. It is just as useful when you come to write your Witness Statement. There is a link to the Legal Beagles template SAR in the NEWBIES thread.
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  • Thank you Fruitcake and ShakeItOff for your advice it is much appreciated. I will get reading of #2 to see similar themes and follow up on the rest of the advice you have both given.

    ShakeItOff wrote: »
    You're going to need to do your Acknowledgement of Service, and get cracking on your defence.

    If you answer KeithP's question, he will very kindly detail the deadlines by which you need to be submitting things.

    Definitely get reading post #2 of the NEWBIES thread, specifically the Bargepole defences. You will see that there are similar themes across the defences, and you will almost certainly want to pull the common themes into your defence.

    Lastly, if you haven't done so already, send a Subject Access Request to the DVLA and to UKCPM (both have Data Protection Officer contacts on their privacy pages on their websites). They have 30 days to furnish you with everything, so it may not arrive in time for your defence to be submitted, but that's okay. It is just as useful when you come to write your Witness Statement. There is a link to the Legal Beagles template SAR in the NEWBIES thread.
    Fruitcake wrote: »
    Start by reading the guide to court written by bargepole that you will find in post 2 of the NEWBIES. This is a step by step guide from receipt of the LBC up to the court date.

    You start with the AoS saying you will defend, but do not put anything at all in the defence box, not even a full stop.

    Get pics of the site and signage as it is now, and see if you can find anything older on google street view that is more contemporaneous with the alleged event as well.
  • My Issue date is 15 March 2019
    KeithP wrote: »
    What is the Issue Date on your Claim Form?
  • KeithP
    KeithP Posts: 37,427
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    JonSnow012 wrote: »
    My Issue date is 15 March 2019

    With a Claim Issue Date of 15th March, you have until Wednesday 3rd April 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 link 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 Wednesday 17th April 2019 to file your Defence.

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


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. 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'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    7. 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.
  • Thanks a lot, Keith. Once completed can the defence be posted on the forums to see if it is of a good enough standard?
    KeithP wrote: »
    With a Claim Issue Date of 15th March, you have until Wednesday 3rd April 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 link 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 Wednesday 17th April 2019 to file your Defence.

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


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. 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'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    7. Wait for your DQ from the CCBC, or , and then re-read post #2 of to find out exactly what to do with it.
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Once completed can the defence be posted on the forums to see if it is of a good enough standard?
    You'll know the answer is yes when you read other similar threads (recommended).
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  • JonSnow012
    JonSnow012 Posts: 13 Forumite
    Hi all, this is what I have written in my defense so far any feedback regarding would be very much appreciated. Thanks in advance.



    In the County Court at
    Mayors and City of London Court

    Claim No. XXXXXXXX
    Between
    UK Car Park Management Limited (UK CPM) (Claimant)
    and
    XXXXXXXXX (Defendant)

    Witness statement of Mr XXXXXXX XXXXX, Address: XXXXXXXXXX, date of birth XXXXXXX
    1. I am the defendant in this matter. Any evidence to my statement will be referred to the attached documents as Exhibit A01, Exhibit A02 and so on.
    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.
    3. I am not liable to the claimant for the sum claimed, or any amount at all.
    4. I am the registered keeper of the vehicle (Reg – xxxxx) in question in this case. No evidence has been supplied by this claimant as to who parked the vehicle or that I was the driver. As this event has been resurrected from over a year ago, it is not possible to expect a keeper to recall who might have been driving. At the time of the charge, the car was used by several family and friends.
    5. According to the notice to the keeper, the charges were for an ‘unauthorised parking’ on 01/12/2017 and 06/01/2018 on 51-57 East Bond Street, Leicester, LE1 4SX. UK CPM issued a parking charge notice letter thereafter to me as the registered keeper of the vehicle which I no longer have access to. No windscreen ticket in this case.
    6. The claimant then sent a follow on ‘formal demand’ letters issued which currently I do not have access to
    7. Following that, I received three ‘notice’ letters from a third-party organisation called ‘Debt Recovery Plus Limited’ for the sum of £160. The letters repeatedly use threatening language such as ‘you owed’, ‘you haven’t paid’ and repeatedly threatened that court actions can be taken against me.
    8. I then received a letter from ‘Gladstones Solicitors’ on 08.09.2018 stating that they have been instructed by UK CPM in relation to this debt. (See Exhibit A01)
    9. Seven months later I received the ‘letter before claim’ from Gladstones Solicitors. (See Exhibit A02)
    10. I attempted to respond to the letter before claim on the Gladstone’s website however was given a message stating “No references eligible”
    14. As a registered keeper, I never saw the ‘contract’ they are trying to hold me liable for.
    15. The claimant stated in the particulars of claim that ‘the driver of the vehicle incurred the parking charges for breaching the terms of the parking’.
    16. As Part B 2.2 states in the IPC code of practice “2.2 Signs must conform to the requirements as set out in a schedule 1 to the Code” I have visited the location of the alleged parking charge and have found that the signage did not comply with the requirements of the Code of Practice of the IPC as deviated in the following paragraphs with evidence.
    17. The signage was deficient in number, distribution, tiny wording and lighting to reasonably convey a contractual obligation. Part E schedule 1 of the IPC states “You are required to provide a sufficient number of signs on each site commensurate with its size and other characteristics”
    18. There was no signage at the entrance of the road that indicates to the driver that they are entering private land (See Exhibit A03). According to the IPC code of practice “Signs should, where practicable, be placed at the entrance to a site”
    19. From the exit which the driver had taken there was clearly no sign visible leaving the driver to assume there was no parking conditions.
    20. 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, which distinguishes this case from the Beavis case.
    21. From my inspection of the signs as best I could, I found no mention of the alleged "debt collection charges". (See Exhibit A04)
    22. The sign did as state in the IPC did not identify the UK CPM as ‘the creditor’
    23. The sign did not “Advise drivers that if a charge remains unpaid for a period of 28 days after issue then an application will be made for the Keeper’s details from DVLA” as stated in part E schedule 1 – signage
    24. The claimant has not provided any evidence of a contract with the landholder that demonstrated that UK CPM had any authority to operate in the land per to the IPC Code of Practice Part B 1. - 1.1.
    25. The Court is invited to dismiss this Claim and to allow the full costs recovery order due to the claimant’s unreasonable claim as per CPR 27.14.2(g). My costs schedule will be submitted separately, depending upon whether a hearing takes place.
    Statement of Truth
    I believe that the facts stated in this witness statement are true.
    Signature
    Date
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    No, that's a Witness Statement. Comes later, before the hearing, with your evidence.

    Back to the drawing board - look at the concise DEFENCE examples by bargepole as linked in the NEWBIES thread and add your facts.
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