UK CPM taking me to court - public highway illegal ticket

majorinc · 16 July 2017 at 6:20PM

Hi Guys,

New here....

1. Firstly we have a residential block and the road is a public highway and all residents park there.
2. Brent council has not put any yellow lines in this area where we park.
3. Management company of the block have recently gave permission to UK CPM to give tickets to the cars parked by the residents on the Brent Council owned road...
4. UK CPM started issuing tickets, some (few) residents got scared and paid the tickets.
5. I contacted the Brent Council, and they issued a letter to CPM directly telling them that the road is owned by Brent Council and they should stop issuing tickets. They also confirmed that the road is a public highway.
6. Brent Councl told the residents to not pay the tickets and told the ones who paid to get a refund.
7. I didn't pay the ticket, but sent the manager of CPM the email Brent Concil.
8. Now they have issued me a court order.

I am now responding to the court online, please can somebody check and tell me if my defense statement is ok or not?

My defence statement:

These parking charges are illegal because the company UK CAR PARK MANAGEMENT LIMITED has no authority to issue parking tickets on a public highway.

When the ticket charges came through, we confirmed that they were illegal and that no 3rd party has permission to give ticket on XXXXX Heights which is a public highway.

This was confirmed in writing email by Mr John Fletcher who is the Team Leader of Development Control Planning, Transport and Licensing Regeneration of Brent Council.

Mr John Fletcher directly wrote to Joe Grafton (Head of UK CAR PARK MANAGEMENT) dated 13/02/2017 explaining that the tickets cannot be issued as the area is a public highway.

The copies of all the official emails from Brent Council have been sent to GLADSTONES SOLICITORS LIMITED and UK CAR PARK MANAGEMENT LIMITED in evidence when appealing the tickets.

This is complete harassment and the company is trying to extort money through illegal parking tickets.

Coupon-mad · 16 July 2017 at 6:24PM

UK CPM started issuing tickets, some (few) residents got scared and paid the tickets.
5. I contacted the Brent Council, and they issued a letter to CPM directly telling them that the road is owned by Brent Council and they should stop issuing tickets. They also confirmed that the road is a public highway.
6. Brent Councl told the residents to not pay the tickets and told the ones who paid to get a refund.
7. I didn't pay the ticket, but sent the manager of CPM the email Brent Concil.
8. Now they have issued me a court order.

Wow, just WOW!

You need to include a counter-claim, matey! :eek:

That defence is not enough - how long do you have to defend this?

The_Deep · 16 July 2017 at 6:31PM

Unreasonable behaviour, attempting to obtain money bv fraudulent means, unlawfully obtaining personal data, I smell compo.

Geoff1963 · 16 July 2017 at 6:42PM

This parking ticket seems to have about as much validity, as if the OP were to issue a "sitting" ticket to the UK CPM's solicitor, for sitting on a chair in the court. If the parking ticket is valid, because the block's Management Company gave UK CPM permission ; then presumably the permission of some random MSE posters, would be sufficient to make the "sitting" ticket valid.

Is there any signage, at all ? If not, that should be sufficient grounds ( many cases are won by inadequate signage ) ; if so, then those signs have been erected without authority, damaging public land ; and Brent Council can prosecute them.

I'd say this is Fraud and Blackmail. So sad that "the stocks" are no longer a lawful punishment.

Next should be a class action from all those who have paid. Post some flyers to your neighbours.

majorinc · 16 July 2017 at 6:42PM

Coupon-mad wrote: »

You need to include a counter-claim, matey! :eek:

What do you mean by counter claim?
Why do i need to do that?
From what i understand it means to cliam money from them (how much? i have not idea)

Coupon-mad wrote: »

That defence is not enough - how long do you have to defend this?

Why is the defence not enough?
I just got the court order was issued 4 days ago (12 July 2017)

Coupon-mad · 16 July 2017 at 6:45PM

Oh you have ages then, as long as the do the AOS on MCOL (see the NEWBIES thread, post #2 which shows you how).

I suggest we help you make your appeal MUCH more robust and also suggest you consider paying a £25 court fee to counter-claim from them, maybe for £500 to be reasonable.

Also email David Dunford at the DVLA:

david.dunford@dvla.gsi.gov.uk

...and tell him what has occurred, and make a formal complaint to the local Trading Standards near that road.

majorinc · 16 July 2017 at 6:49PM

HAHA

TBH i am not happy at all to waste time and defend this case when it makes no sense at all.

They put signange on the block of flats, and on the public lampost.
Brent council removed the signage from the lampost but left the ones on the property as they do not have rights to touch the property.
But why would i win a case based on lack of signange when having the sign is illegal itself?

Geoff1963 wrote: »

This parking ticket seems to have about as much validity, as if the OP were to issue a "sitting" ticket to the UK CPM's solicitor, for sitting on a chair in the court. If the parking ticket is valid, because the block's Management Company gave UK CPM permission ; then presumably the permission of some random MSE posters, would be sufficient to make the "sitting" ticket valid.

Is there any signage, at all ? If not, that should be sufficient grounds ( many cases are won by inadequate signage ) ; if so, then those signs have been erected without authority, damaging public land ; and Brent Council can prosecute them.

I'd say this is Fraud and Blackmail. So sad that "the stocks" are no longer a lawful punishment.

Next should be a class action from all those who have paid. Post some flyers to your neighbours.

Coupon-mad · 16 July 2017 at 7:35PM

You could win a case that the parking firm had no reasonable cause to obtain your data from the DVLA - wait, did they get your data? Or did you appeal a windscreen PCN and they never enquired of the DVLA as to the registered keeper?

The DPA claim (for you to claim money in compensation for a data breach) comes in most strongly where the data was supplied by the DVLA. If you do not know you can email the data sharing team at the DVLA and ask, at the same time as making a formal complaint about UKCPM and demanding that they are sanctioned and their ability to obtain data, removed by the DVLA.

Geoff1963 · 16 July 2017 at 9:29PM

Brent council removed the signage from the lampost

I presume Brent council made a charge for doing that, but whoever put it up should have been prosecuted :
http://www.legislation.gov.uk/ukpga/2006/35/section/6
6 Possession etc. of articles for use in frauds
(1)A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.

Any money they have already obtained is also Fraud :
http://www.legislation.gov.uk/ukpga/2006/35/section/2
2 Fraud by false representation
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.
(3)“Representation” means any representation as to fact or law . . .
(4)A representation may be express or implied.
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

I'd like to see some serious jail time.

Guys_Dad · 16 July 2017 at 9:38PM

The point is that the PPC has acted unreasonably, has had no reason to go to the DVLA for your name and address, has been informed that they are not authorised by the relevant landowner and are trying to extract money under false pretences.

All this adds up to your opportunity to win £hundreds in court and there may be a regular on here who can point you to such a case where the motorist won. You can also see how a motorist won £900 here http://parking-prankster.blogspot.co.uk/2017/05/motorist-awarded-900-for-data.html

You would be assured of maximum help here to get a similar settlement - as long as you are 100% sure of your facts !

Umkomaas · 16 July 2017 at 10:06PM

TBH i am not happy at all to waste time and defend this case when it makes no sense at all.

To quote you back 'TBH', if you don't 'waste time and defend this case', you will lose by default, then you'll either have to pay UKCPM everything they are asking for, or you refuse and gain a credit trashing unsatisfied CCJ against your name, which could mess up your life for the next 6 years.

You have to take this seriously and deal with it.

UK CPM taking me to court - public highway illegal ticket

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