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  • FIRST POST
    • Glenprk
    • By Glenprk 7th May 18, 11:29 PM
    • 8Posts
    • 10Thanks
    Glenprk
    Court Date Change
    • #1
    • 7th May 18, 11:29 PM
    Court Date Change 7th May 18 at 11:29 PM
    Dear All,

    I am a Registered Keeper now at the Witness Statement stage. I have received a Notice of Allocation to the Small Claims Track (Hearing) with a Court Date in July. I completed the DQ with all possible dates of unavailability. However, I have just received information my son's graduation date coincides with the Court Date. Please help. Is there any way I can go around postponing the Court date, as I still would like to attend?

    At !!!8220;Letter Before Action!!!8221; stage, I named the driver, who had sadly lost his life months after the driving incident, but still, the Claimant ignored the letter sent by recorded mail. In my Defence, I noted that since the Claimant, a member of IPC are still pursuing me, they are put to strict proof as to who was driving. I have Primacy of Contract as a Freeholder and I hold a letter from DVLA confirming that my details were never accessed during my keepership. Signage at the residential site was inadequate and not to BPA Standards.

    I still have weeks to submit my Witness Statement, which I have already drafted. Is it OK to post it here tomorrow? What are the pros and cons of sending a Witness Statement weeks earlier than the deadline?

    Regards

    Glenprk
Page 1
    • Coupon-mad
    • By Coupon-mad 7th May 18, 11:38 PM
    • 57,449 Posts
    • 71,038 Thanks
    Coupon-mad
    • #2
    • 7th May 18, 11:38 PM
    • #2
    • 7th May 18, 11:38 PM
    What are the pros and cons of sending a Witness Statement weeks earlier than the deadline?
    Too soon and you miss the chance to tear into the Claimant's WS if that arrives in time.

    Which PPC?

    I am so sorry to hear that the driver has died, and that this despicable shark is still pursuing the keeper despite naming the driver before proceedings began.

    I would not rush the WS but write to the local court with proof of your son's Graduation date and ask the Judge for the court to use its case management powers to either:

    1 - offer a new date of hearing, or

    2 - make a decision on the papers alone, given that the driver has died and was named (and liability lawfully transferred) before proceedings began. This being in compliance with Schedule 4 of the POFA which does not require that a driver is named earlier, only before proceedings commence against a keeper. Cite the part of the POFA that says that the keeper liability rights 'cease to apply' once the driver's name & address is given and ask for an alternative:

    3 - that the claim be struck out for having no cause of action against a keeper who had already named the driver before court action commenced.

    You MUST also send a copy of that to the claimant or their Solicitor (Gladstones? SCS? BW Legal?).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Glenprk
    • By Glenprk 7th May 18, 11:51 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    • #3
    • 7th May 18, 11:51 PM
    • #3
    • 7th May 18, 11:51 PM
    Thank you, Coupon-mad for the urgent response. Its UK Car Park Management (UKCPM) Limited and Gladstones. I notified both about the death after they sent a Letter Before Action. Gladstones followed that up with another Letter Before Action, followed a month laterr by Court papers. UKCPM ignored the letter, which was also sent to them by recorded mail.

    I highlighted in my Defence Statement that I was not liable as I had already named the Driver before court action commenced.
    Last edited by Glenprk; 09-05-2018 at 10:29 PM. Reason: replaced letter with later
    • Coupon-mad
    • By Coupon-mad 7th May 18, 11:57 PM
    • 57,449 Posts
    • 71,038 Thanks
    Coupon-mad
    • #4
    • 7th May 18, 11:57 PM
    • #4
    • 7th May 18, 11:57 PM
    Great, so it all now leads to what I have suggested. Hopefully the Judge will opt for #3 but clearly number the court's choices and ask for an order either way. Copy in Gladstones.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • The Deep
    • By The Deep 8th May 18, 3:17 AM
    • 9,209 Posts
    • 8,974 Thanks
    The Deep
    • #5
    • 8th May 18, 3:17 AM
    • #5
    • 8th May 18, 3:17 AM
    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.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 8th May 18, 8:17 AM
    • 2,482 Posts
    • 3,022 Thanks
    nosferatu1001
    • #6
    • 8th May 18, 8:17 AM
    • #6
    • 8th May 18, 8:17 AM
    To be sure, as you have only said *named*, did you give the name AND the serviceable address?
    You need to have given BOTh.
    • Loadsofchildren123
    • By Loadsofchildren123 8th May 18, 11:30 AM
    • 2,058 Posts
    • 3,447 Thanks
    Loadsofchildren123
    • #7
    • 8th May 18, 11:30 AM
    • #7
    • 8th May 18, 11:30 AM
    Ask Gladstones to agree to a change of date. If they don't, ask the court. You'd expect them to agree, but they run such a budget service that they seem to generally ignore all correspondence. So perhaps write and ask the court but also write to Gladstones at the same time and say you've sent them a copy of the letter in the letter to the court.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Glenprk
    • By Glenprk 8th May 18, 10:34 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    • #8
    • 8th May 18, 10:34 PM
    • #8
    • 8th May 18, 10:34 PM
    Great, so it all now leads to what I have suggested. Hopefully the Judge will opt for #3 but clearly number the court's choices and ask for an order either way. Copy in Gladstones.
    Originally posted by Coupon-mad
    Thanks Coupon-mad for taking your time to look into the issue. My son has copied me with the correspondence from his University with regards to his Graduation. I will be drafting a letter for the court to be also copied to Claimant tomorrow.
    • Glenprk
    • By Glenprk 8th May 18, 10:50 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    • #9
    • 8th May 18, 10:50 PM
    • #9
    • 8th May 18, 10:50 PM
    To be sure, as you have only said *named*, did you give the name AND the serviceable address?
    You need to have given BOTh.
    Originally posted by nosferatu1001
    Thanks nosferatu 1001 for your advice.
    The answer is No
    Last edited by Glenprk; 09-05-2018 at 10:22 PM. Reason: Yes or No answer requested for
    • Glenprk
    • By Glenprk 8th May 18, 11:00 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    Ask Gladstones to agree to a change of date. If they don't, ask the court. You'd expect them to agree, but they run such a budget service that they seem to generally ignore all correspondence. So perhaps write and ask the court but also write to Gladstones at the same time and say you've sent them a copy of the letter in the letter to the court.
    Originally posted by Loadsofchildren123
    Thank you Loadsofchildren123 for the invaluable time spent on my issue. I agree because in my response to Gladstones' LBC I wrote: Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings.

    Their "response" was yet another LBC.
    In light of your advice and that of others, so far, I will be making a draft to send to the court cc Gladstones tomorrow.
    • Glenprk
    • By Glenprk 8th May 18, 11:51 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    [QUOTE=The Deep;74258286]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.

    Thank you, The Deep
    • nosferatu1001
    • By nosferatu1001 9th May 18, 9:51 AM
    • 2,482 Posts
    • 3,022 Thanks
    nosferatu1001
    So you did NOT provide a serviceable address? Yes or No. Thats all I asked for

    This is a critical point. They retain the abilty to pursue you IF you dont give a serviceable address (bearing in mind they also need to comply elsewhere) BEFORE they start proceedings.
    • Glenprk
    • By Glenprk 9th May 18, 10:27 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    The answer is No.
    • Coupon-mad
    • By Coupon-mad 10th May 18, 1:35 AM
    • 57,449 Posts
    • 71,038 Thanks
    Coupon-mad
    You couldn't do so, it was impossible. This needs crushing, let's hope the Judge sees it for what it is when you write with the 'Draft Order' that I suggested.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Glenprk
    • By Glenprk 10th May 18, 9:37 PM
    • 8 Posts
    • 10 Thanks
    Glenprk
    I have revisited some sections of Protection of Freedoms Act (POFA) 2012 in working out my rationale and remember I was guided by the following, of which I still am not clear:
    Schedule 4, Paragraph 2(1)
    In this Schedule!!!8212; !!!8220;current address for service!!!8221; means!!!8212;
    (b) in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

    Elsewhere, in a number of places e.g POFA (2012), Section 9

    9 (2)The notice must!!!8212;
    (e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper!!!8212;
    (i ) to pay the unpaid parking charges; or
    (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;.

    ================================================== ======================
    On another note, as mentioned earlier, they did not comply with
    POFA (2012) Schedule 4, Paragraph 11, as confirmed in a letter from DVLA, that no Application for details was recorded with regards to the concerned Vehicle Reg No --------- throughout my keepership:

    POFA (2012), Para 11(1)The third condition is that!!!8212;
    (a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper's details in relation to the period of parking to which the unpaid parking charges relate;
    (b)the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);
    (c) the information sought by the application is provided by the Secretary of State to the applicant.
    Last edited by Glenprk; 10-05-2018 at 9:53 PM.
    • Coupon-mad
    • By Coupon-mad 10th May 18, 11:26 PM
    • 57,449 Posts
    • 71,038 Thanks
    Coupon-mad
    Yes we know, and given the circumstances you complied as best you could.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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