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One quick question about DQ
lyfu
post Mon, 19 Nov 2018 - 13:51
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Hello everyone.

First of all I would just like to say that I've handled this very poorly from the start. I told them I was the driver and I pretty much owned up to parking for 15 mins without a permit.

"Dear CPM, Hi, I got a ticket for parking next to my flat ---------------- when I was parking there for around 15 minutes because I was unpacking the rest of my stuff. The agency told me that it’s alright to park there to unpack. I think it’s very unfair to charge me £100 for this, even £60 is a lot of money. If you would like I can pay £4 which is more than the nearest car park charges for an hour." - The letter i sent them

My letting agency decided that they wont help me at all because apparently "its out of their control", so I just ignored every letter from CPM and Gladstone solicitors.

https://imgur.com/a/2Bhpx this is the first letter they sent me.

Now i got a claim form from the county court and they want me to pay £247.29. DATE OF ISSUE IS 08 November.

The big question is, should I just pay the fine or is there any chance that i could fight this?

This post has been edited by lyfu: Tue, 20 Nov 2018 - 12:12
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post Mon, 19 Nov 2018 - 13:51
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Redivi
post Fri, 8 Feb 2019 - 17:21
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I meant to edit that when I saw your correction but got distracted and filled in the blanks in your DQ letter instead
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ostell
post Sat, 9 Feb 2019 - 11:13
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for " right to park briefly outside his own residence" I would say " right to unload outside his own residence". load and unload are different to parking and fits in with the Jopson case
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Redivi
post Sat, 9 Feb 2019 - 11:35
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That is much better

Couldn't remember exactly what Jopson said
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lyfu
post Sat, 9 Feb 2019 - 13:39
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QUOTE (Redivi @ Fri, 8 Feb 2019 - 17:01) *
The issues in dispute include the failure to disclose a cause of action, the defendant's right to park briefly outside his own residence and the claimant's legal capacity
As a litigant in person, the defendant would be seriously disadvantaged against the claimant, a parking company that has employed its trade association's solicitor to prepare its documents.
The defendant will probably also wish to question the claimant regarding its witness statement and other documents.
The defendant will in particular wish to verify that the claimant has a lawful contract that does not amount to a derogation from grant


Thank you so much for this.

So in the little box on the N180 form (D1) How do i say "read the cover letter" because i can't fit in all of that text.

And do i need to do anything with this form https://imgur.com/Q2mVd4v that gladstone sent me?

This post has been edited by lyfu: Sat, 9 Feb 2019 - 13:46
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Redivi
post Sat, 9 Feb 2019 - 14:13
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The Defendant's home court (name if known) in accordance with CPR 26.2a(3) when the Defendant is an individual
Please refer to the attached letter regarding the Defendant's objection to the Claimant's intended request for a hearing on the papers


You don't have to do anything with the Gladstones form
It's just a pressure tactic

This post has been edited by Redivi: Sat, 9 Feb 2019 - 14:14
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lyfu
post Sun, 23 Jun 2019 - 22:20
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So my court date is tomorrow at 13:45, I completely forgot.

Anything that i should know?
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ostell
post Mon, 24 Jun 2019 - 10:55
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Prepare what you are going to say to the judge to show your case and the claimant us wrong. Write down, in sequence, anything you wish to say and reference to the evidence, if any.

Good luck
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lyfu
post Mon, 24 Jun 2019 - 11:42
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QUOTE (ostell @ Mon, 24 Jun 2019 - 11:55) *
Prepare what you are going to say to the judge to show your case and the claimant us wrong. Write down, in sequence, anything you wish to say and reference to the evidence, if any.

Good luck


Do i just mention the points that I've made in my defence ?
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Redivi
post Mon, 24 Jun 2019 - 12:22
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Haven't you exchanged witness statements and evidence packs ?
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lyfu
post Mon, 24 Jun 2019 - 15:29
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QUOTE (Redivi @ Mon, 24 Jun 2019 - 13:22) *
Haven't you exchanged witness statements and evidence packs ?


nope, thats why the judge was a bit confused, I didnt know anything about witness statements and evidence packs.
I thought you just do this
1. Acknowledge
2. Send defence
3. Directions questionnaire
4. Wait for court hearing
5. Profit

In the end the case has been dismissed !!!!!!!!!!

Thank you everyone for helping me with this

How much money did they lose in all of this ?
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Redivi
post Mon, 24 Jun 2019 - 15:32
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If the hearing caught you by surprise, it suggests that Gladstones didn't send an evidence pack or witness statement either

What exactly did the court say because it would be useful for residents to know that UKCPM can't enforce parking notices ?

This post has been edited by Redivi: Mon, 24 Jun 2019 - 15:34
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lyfu
post Mon, 24 Jun 2019 - 16:38
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QUOTE (Redivi @ Mon, 24 Jun 2019 - 16:32) *
If the hearing caught you by surprise, it suggests that Gladstones didn't send an evidence pack or witness statement either

What exactly did the court say because it would be useful for residents to know that UKCPM can't enforce parking notices ?


Oh I'm pretty sure they did, he had the booklet with all their evidence that Gladstones sent me as well but I just ignored it tbh.

So I just said that I was unloading things to MY apartment for 15 mins max and wasn't actually parking. He has seen that in the first appeal that i made to UKCPM I stated that, but then UKCPM/Gladstones didnt address that at all and focused on my other point which was that the "fine isn't reasonable for 15mins of stay"

He then just looked at my defence and said case dismissed.

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nosferatu1001
post Tue, 25 Jun 2019 - 12:10
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You got hugely lucky!

The Order telling you of the date of the hearing told you, explicitly, that you must serve documents on the other party and to the court. You didnt do this, so you could ha ve had issues, such as the claim judged agaisnt you and you being liable.

I presume GS didnt send anyone?

Did you get your costs? Half a days loss of earnings OR leave, mileage, parking.

As they didnt send anyone, cost them about £100 max.
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