Claim Form - UK Car Park Management

Magnum0121 · 20 October 2017 at 7:13AM

Second draft, removing the original point 1 in my original post and adding two points regarding the lease, whilst quoting the lease word for word.
I would print out a copy of the lease in full to present to the Judge.

1.a. There is no breach of contract as there is no offer of free parking. Jolson v Homeguard (2016) it was established that ParkingEye v Beavis (2015) does not apply to residential parking.
1.b. If the wording of the signage forbids parking then there is no offer to park and therefore no contract. In PCM-UK v Bull et al (2016) residents were parking on access roads. The signage forbade parking therefore no contract was in place. A trespass had occurred, but that meant only the land owner could claim, not the parking company.
1.c. In UKPC v Masterson (2016) it was also found that the signage was forbidding, so the matter was one of trespass. The parking company did not have standing to claim.
1.d. In Horizon Parking v Mr J it was also found that the signage was forbidding, so the matter was one of trespass. The parking company did not have standing to claim.

2.a. I was not the driver of the the vehicle at the time of the alleged contravention. The parking company are not relying on Protection Of Freedoms Act 2012 therefore I am under no obligation to name the driver.
2.b. Excel v Mr B - Sheffield (2016) the Judge made it clear that without proof of driver, and without invoking keeper liability, there was no claim against the keeper.

3.a. My lease does not forbid parking, it only grants permission to park a road worth vehicle. There is no mention of a ban on parking on the roadway.
"Covenants by the buyer.
Parking:
Not to use any car parking space for any purpose other than the parking of one private motor car or one private motorcycle which shall be in a roadworthy condition and shall exhibit a current road fund licence. "

3.b. My lease grants the right to access my property via the roadway. Again, there is no mention of a parking ban for residents.
"To pass with or without vehicles along the Estate roads and any other roads connecting thereto which are intended to be highways maintainable at the public expense to provide access and egress to and from the public highway and to pass with or without vehicles as appropriate over any of the vehicular access-ways comprised in the Common Parts for the purpose of access and egress from the property."

Coupon-mad · 20 October 2017 at 3:40PM

I would print out a copy of the lease in full to present to the Judge.

You would, much later, at Witness Statement stage (each stage is in the NEWBIES thread post #2).

Jolson v Homeguard (2016)

should read:

Jopson v Homeguard [2016] B9GF0A9E (at Oxford County Court, on Appeal, decided by HHJ Charles Harris QC)

Make this stronger:

3.a. My lease does not forbid parking, indeed it [STRIKE]only[/STRIKE] grants unfettered rights in the form of unequivocal permission to park a road worth vehicle.

And read the NEWBIES thread post #2, to be ready for how to complete the next form, N180 (no to mediation, etc.).

Magnum0121 · 30 October 2017 at 1:43PM

The defence was submitted by post last week.
I now have a letter from Northampton acknowledging the defence.
"The claimant may contact you directly to attempt to resolve any dispute...if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed..." etc

Magnum0121 · 2 December 2017 at 10:53AM

Hello,
I have now received a letter from Gladstones.

"We act for the claimant and have notified the court of our clients intention to proceed with the claim.
Please find enclosed a copy of our clients completed directions questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing.

This request is sought simply because the matter is in our clients option relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

You will note our client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of. Notwithstanding this, our client would be happy to listen to any genuine payment proposals that you wish to put forward."

The letter includes the N180 form.

Thanks for any help with the next steps

Umkomaas · 2 December 2017 at 11:29AM

Thanks for any help with the next steps

All of the above (template) from Gladstone’s was totally predictable and I’m surprised you weren’t ready for it. It’s all detailed in bargepole’s walk-through in the NEWBIES FAQ sticky, post #2. It tells you how to deal with the N180. Please read it; everything should be covered in it.

That sticky needs to be your ‘Bible’ as you proceed through this. There are deadlines to meet and various documents to produce. If you’re ahead of the curve, you will know what to expect and when, that way nothing will surprise you.

Magnum0121 · 2 December 2017 at 3:24PM

Sorry, I have just read it again 3 times and I can't see N180 mentioned and used the search function to try to find the term "N180" used in the thread

nosferatu1001 · 2 December 2017 at 3:26PM

Directions questionnaire ? Allocations ? It’s absolutely in there.

Magnum0121 · 4 April 2018 at 4:47PM

Update on this case and a further question...

I've been helping to deal with this for a family member. She received documents from Gladstones and signed a form to agree to have the hearing heard on paper. This was sent off.

Court papers arrived not too long ago with a hearing date and a deadline for the claimant to pay £25 or the case would be struck off.
Unfortunately they paid the £25 and the hearing is this month.

My family member is pregnant and suffers with anxiety, hence the reason why she agreed to have the hearing heard on paper. This request was apparently ignored and the judge wants an actual hearing to take place.
She does not want to attend court and to be honest I completely understand and wouldn't want to put her under any unnecessary stress.

I know that the case itself would be informal etc, but it's really not an option.

What options does she have in regards to attempting to settle out of court at this stage? Not turning up to the hearing would incur additional costs, so she doesn't want to just not turn up.

Thanks for any help

System · 4 April 2018 at 5:12PM

You can still have the hearing on papers. You just tell them at the Witness Statement stage giving 7 days notice prior to the hearing. Not turning up at court WITHOUT telling the court gets additional costs. Arranging beforehand saves costs.

The setting of the hearing date is just a diary event - not a summons to attend court.

As an aside, this is why they flood the courts with these claims. People get misled or mislead themselves.

[Deleted User] · 4 April 2018 at 5:17PM

The problem is that advocacy in the absence of a party is a regulated legal activity. I don't think a judge will allow it.

I propose you write to the judge asking special dispensation in the circumstances to speak on behalf of the absent family member (unlikely to be permitted) or in the alternative for directions for a hearing on the papers.

A hearing on the papers isn't usually recommended on here but may be right for you. If you go for it, I hope your paperwork is in apple pie order. The claimant will almost certainly agree to dispense with the hearing to save costs.

Claim Form - UK Car Park Management

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