Parking Charges - Court Date Next week

GUEST1 · 17 October 2019 at 4:02PM

Hi everyone

Appreciate this is a super late cry for help but please please, help.

I have to appear in court next Friday for 2x unpaid parking fines. I submitted a vague Defence when it was due.

The letter from the court says I need to build a witness statement. Is it too late?

Brief overview~

I used to park in a residential car park on a daily basis, as did many others. The residents must've complained so the landlord outsourced the parking management to UKCPM. They said their were tickets left on my windscreen, there were none. I would have immediately stopped parkign there as soon as I found the first windscreen ticket. I received a total of 3 tickets through the post. I tried to appeal them however they did not reply, I called them (stupidly) and they told me they would have received the appeal and would have got in touch. They did not.
I received debt collection letters etc etc. The tickets are from Dec 2017.

Is there an "introduction period" for parking control contracts? are they in control and able to enforce as soon as the signs go up in the car park?
I know someone that lived there, she said she doesn't have access to her lease anymore however she's happy to write me a signed letter to say I was visiting her?

I have 2 court dates, 1 next week for 2x fines, and another Jan 2020 for a 3rd fine.

Coupon-mad · 17 October 2019 at 4:04PM

The letter from the court says I need to build a witness statement. Is it too late?

No. Please search the forum for:

NEVER TOO LATE WITNESS STATEMENT

...and change the advanced search to SHOW RESULTS AS POSTS.

And copy what others did. You MUST file & serve something by this Friday morning, IMHO, so that they can't argue they were 'ambushed' next week.

You should not have even let this go to two hearings, why didn't you ask the court to consolidate them? Surely these are about the same facts of a parking charge, just different dates?

Obviously it is absurd to go to court twice.

GUEST1 · 17 October 2019 at 5:00PM

Thanks coupon mad
i assume its too late to ask them to consolidate at this late stage?
Do I need to send WS and Costs to the claimant by tomorrow morning?
Forgot to mention that I served them with an SAR
I also have a copy of the Title Plan on Land Registry

Coupon-mad · 17 October 2019 at 5:03PM

Do I need to send WS and Costs to the claimant by tomorrow morning?

Yes I already suggested that - and take a file printed out, in a ring binder, to the court in person or get someone to take it.

You need your evidence too. So, show us your evidence list & draft WS!

Oh, and what did the defence say? Word for word copy, please.

GUEST1 · 17 October 2019 at 5:45PM

DEFENCE:

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant was parked in Elizabeth Mews, however there is more than one landowner within the parking lot and the claimant is put to strict proof to provide a contract with each of the landowners.

2.1 The photographic evidence provided to the defendant shows the pictures of the contravention are taken in the same minute, thus proving no time was given for the vehicle to be moved.

2.2 The photographic evidence does not identify which area of the parking lot the defendant had parked on thus the claimant is put to strict proof to provide evidence.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Coupon-mad · 17 October 2019 at 5:56PM

Good - a decent defence, not a vague one!

Now look at example WS & evidence that rely on PACE v Lengyel as you were in fact a trespasser at best, and a parking firm cannot sue trespassers, only the landowner can, and nor can you be bound by a sign that is headed up 'PERMIT HOLDERS ONLY' as you were not one, and it was impossible to perform that contract.

I know someone that lived there, she said she doesn't have access to her lease anymore however she's happy to write me a signed letter to say I was visiting her?

Ironically, I think it would weaken your position! Read PACE v Lengyel (get it from the Parking Prankster's case law pages) & print it out twice for the court's copy and your copy (the claimant's copy of all this can be emailed to Gladstones - not printing for them).

Search the forum for witness statement void for impossibility Lengyel

That will give you a few to copy from tonight, ad you should manage it. Also, print out and email a COSTS SCHEDULE (see NEWBIES tread post #2 for examples) then number every page and every 'exhibit' and add a contents page or index page - and Bob's your Uncle).

Oh, and is UKCPM's WS signed by Jack someone - read bargepole's thread from today!

GUEST1 · 17 October 2019 at 6:07PM

I read the post about forgery earlier.

I've not received any WS from them!

GUEST1 · 17 October 2019 at 6:18PM

The Parking Sign Today Reads:

Parking Conditions

Private Property|Terms and Conditions

1. A VALID UK CPM PERMIT MUST BE CLEARLY DISPLAYED IN THE FRONT WINDSCREEN AT ALL TIMES.

2. YOU MUST PARK WHOLLY WITHIN A MARKED BAY. NO PARKING ON ROADWAYS/YELLOW LINES/PAVED/HATCHED OR LANDSCAPED AREAS.
3. IF UNSURE PLEASE SEEK FURTHER ADVICE FROM CPM OR REFRAIN FROM PARKING.

interestingly in the fine print lower down it says there would be a £1.50 charge for card payments to pay
Also I have a gut feeling this sign today, is brand new and wasnt how the sign read when I trespassed

Coupon-mad · 17 October 2019 at 6:23PM

You might be able to read one on Google Street View by changing the image date using the little arrow under the thumbnail image (top left of GSV) then clicking to see the older images one by one.

I read the post about forgery earlier.

I've not received any WS from them!

Maybe they will try the same late WS trick with you next week!

GUEST1 · 17 October 2019 at 8:08PM

should i mention that the pictures i've been supplied dont identify whether there was a permit in the windscreen or if there was not? They are too far away from the windscreen. There could have been any sign ie disabled badge, permit, vehicle broken down?
Also their signage mentions "roadways" - 1 of the charges i incurred was a result of being parked at the entrance of the car park, on the side.. isn't the entire car park a "roadway"?

Coupon-mad · 17 October 2019 at 11:34PM

Absolutely yes, include that - if there is no evidence then the claim fails. Get this done and get it filed & served tomorrow. And include these facts:

They said their were tickets left on my windscreen, there were none. I would have immediately stopped parkign there as soon as I found the first windscreen ticket. I received a total of 3 tickets through the post. I tried to appeal them however they did not reply, I called them (stupidly) and they told me they would have received the appeal and would have got in touch. They did not.

And PACE v Lengyel.

And your costs schedule, just get it in, it doesn't have to be perfect but at least you will have complied earlier than they will manage, and quite possibly you will then see the late false signature of Jack from UKCPM next week and can object to that too. You'd need to send a pm to bargepole for his copies of the facsimile signatures he holds, so you can use them to compare to the one they fling at you.

Parking Charges - Court Date Next week

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