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Claim Form Received from County Court Business Centre- for private parking charge notice
MajAmin
post Sun, 23 Sep 2018 - 18:42
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Hi,
First of all, thank you for the support you all provide through this site.

I have received a parking charge Notice from CPM (UK Car Park Management) for 'Unauthorised Parking' in a small car park. The bays are unmarked and the signs are barely readable attached high on the walls in small prints. I am the registered keeper but not the driver of the time.

The issue date was last year June 17 and was for £100 or reduced to £60 if payed in 14 days. It was sent to me in post with two pictures of my car in the letter. The reason was 'unauthorised parking'. Since then, I received another letter called 'Formal Demand' roughly after 40 days of the first letter where it says to pay £100.

Then I started receiving 3 DRP letters (2 in sept and 1 in Oct 17) asking to settle payment of £160. Following that, I received a letter from Gladstone Solicitors in Nov 17 asking me to settle payment of £160 and then another 'Letter before claim' in June 18.

Taking advice from other forums, I decided ignore them and I never contacted or reply to any correspondence thinking that they will stop.

Now (Sept 2018), I have received a claim form from county court Business Centre, Northampton asking to pay CPM £174.67 + £25 court fee + £50 legal rep fee total of £249.67.

I have kept all evidence of letters and pic of the car park including the sign they have up.

I need advise on what to do next. I have read different threads and you tube videos and all saying this is fake court. The court logos are blurred out and looks like the letter has been copied. Is this a actual court? The letter contains moneyclaimicon.gov password.

Please can you offer me advise om what to do next? I have 14 days to acknowledge of service then submit my defense. I can upload pics of letters and photos upon request.

Please speak to me in layman's term as I don't fully understand the process.

Questionnaire:
1 Date of the infringement[s] - 23/06/2017

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]
- 10/07/2017

3 Date received 13/07/2017

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]
- not anywhere in the letter far as I can see

5 Is there any photographic evidence of the event? - They took two pictures of my car and printed them in the letter

6 Have you appealed? {y/n?] post up your appeal]
Have you had a response? [Y/N?] post it up
- I did not respond at all

7 Who is the parking company? CPM

8. Where exactly [carpark name and town] - 93-101 Greenfield Road, London




Thank you in advance
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post Sun, 23 Sep 2018 - 18:42
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kommando
post Sun, 23 Sep 2018 - 18:49
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A genuine claim form from Northampton does look like a schoolboys attempt at printing so assume it's genuine until you can post it for confirmation.

By acknowledging but leaving the defence box completely blank this adds 14 days to the time allowed to file your defence.
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Redivi
post Sun, 23 Sep 2018 - 20:09
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Can you confirm the dates of the parking event and the NtK ?

You say at one point that it was issued 10th July (and already too late to recover payment from the registered keeper)
You say earlier in the threads that it was issued in June

The letter in November was almost sent by DRP on Gladstones paper
Compare the reference numbers and who it tells you to pay

Even if UKCPM sent a valid NtK and on time, it cannot recover the DRP charges
POFA only allows it to recover the original parking charge

We have seen OPs who thought the amateurish appearance of the court papers meant they were a scam, ignored them and had default judgments as a result

This post has been edited by Redivi: Sun, 23 Sep 2018 - 20:11
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nosferatu1001
post Mon, 24 Sep 2018 - 10:52
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You MUST acknowledge the claim, ONLINE, today.
Do not contest jurisdiction unless you live outside E&W
Do NOT start the defence.
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MajAmin
post Tue, 25 Sep 2018 - 13:13
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Hi Redivi, here are my answers


QUOTE (Redivi @ Sun, 23 Sep 2018 - 21:09) *
Can you confirm the dates of the parking event and the NtK ?
So from the first letter I recieved which was the parking charge notice it said, Issue date 10th July 2017 and Incident Date 23rd June 2017


You say at one point that it was issued 10th July (and already too late to recover payment from the registered keeper)
You say earlier in the threads that it was issued in June
I think it meant that the Parking charge notice was issued on 10th July but the parking incident took place on 23rd June. So they issued the letter 17 days later.

The letter in November was almost sent by DRP on Gladstones paper
Compare the reference numbers and who it tells you to pay
- You are right. The Nov letter uses DRP reference number and asking me to pay DRP.

Even if UKCPM sent a valid NtK and on time, it cannot recover the DRP charges
POFA only allows it to recover the original parking charge
- ok Thanks for letting me know

We have seen OPs who thought the amateurish appearance of the court papers meant they were a scam, ignored them and had default judgments as a result


I will do.

Also - I have now submitted the AoS. Please let me know of next steps.

thanks
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nosferatu1001
post Tue, 25 Sep 2018 - 13:34
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Well your next step is you MUST construct a defence and submit it by the deadline - 33 days from DATE OF ISSUE, CALENDAR days not working - whihc you will do via email to the courts

So you need to get a wiggle on and show us your draft defence

GOOGLE search MSE NEWBIES THREAD
Read post 2
Read post 2 again
Read it a third time.
Bookmark the page


That is your go to. It tells you every step of the process and does so with no ambiguity at all.
Once you have done so you will have a good idea on how to start your defence, common arguments - including lack of standing, signage, no keeper liability - and be able to consturct a defence.
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MajAmin
post Sun, 14 Oct 2018 - 16:53
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Hi Guys,
here's my first stab at the defence. I need to submit this by 20th Oct so would love some feedback.
thanks for all your help so far smile.gif





IN THE COUNTY COURT BUSINESS CENTRE
Claim No.: #########

Between

UK CAR PARK MANAGEMENT LIMITED
(Claimant)

-and-


#############
(Defendant)

_________________________________________________________________________

DEFENCE
_________________________________________________________________________


I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

1. The defendant, Mr #########, residing at ############, at the time of the alleged infringement is the registered keeper of the vehicle registration marked ######## which is the subject of these proceedings.
2. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety.
3. No enforceable contract offered at the time by claimant so no cause for action can have arisen.
4. No keeper liability so no cause for action against the defendant
5. The claimant has failed to show locus standi so the defendant does not believe they have a right to bring an action against anyone.

Statement of Truth: I confirm that the contents of this defence are true to the best of my knowledge and belief.



………………………………………………………. ………………………
(Defendant) (Date)



This post has been edited by MajAmin: Mon, 15 Oct 2018 - 10:10
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nosferatu1001
post Mon, 15 Oct 2018 - 10:07
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First worrying aprt is you called it a defence *statement*. It isnt.
It suggests you found an older defence


Did you find the sample defence on MSE Forum newbies thread?
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MajAmin
post Mon, 15 Oct 2018 - 10:13
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Hi,

I have edited the defence, see above.

yes, I went with a defence from the MSE Forum newbies thread

I have removed the word 'statement'.

what do you think of this version?
thank you
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nosferatu1001
post Mon, 15 Oct 2018 - 13:16
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That this fails to adequately give a defnece, and has a great chance of being thrown out.
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MajAmin
post Thu, 18 Oct 2018 - 15:33
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Hi Guys,
thanks for all your support so far. much appreciated!
I have submitted the following defence.
smile.gif

'It is denied that any 'parking charges’ are owed and any debt is
denied in its entirety because no keeper liability so no cause for
action against the defendant. The claimant has failed to show
locus standi so the defendant does not believe they have a right
to bring an action against anyone. No enforceable contract offered
at the time by claimant so no cause for action can have arisen.'
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nosferatu1001
post Thu, 18 Oct 2018 - 15:45
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OK

Not sure why you rushed.

I hope you have read MSE FORUM NEWBIES THREAD, POST 2, by now?
Yes or No?

You will need to prepare a PROPER witness statement. Start working on it now.
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MajAmin
post Tue, 6 Nov 2018 - 19:38
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QUOTE (nosferatu1001 @ Thu, 18 Oct 2018 - 16:45) *
OK

Not sure why you rushed.

I hope you have read MSE FORUM NEWBIES THREAD, POST 2, by now?
Yes or No?

You will need to prepare a PROPER witness statement. Start working on it now.


Hi,

I was getting nervous about the deadline and I was flying out of the country for an urgent family matter. sorry if I rushed it but I did wait for everyone's responses. I have read the Newbies Thread post 2 and I am aware of the fact that I will need to do a proper witness statement.

thanks for your help

Hi Guys,
Since I have posted the defence, I had the following:

1. Email one from Gladstone:
'Dear___
We write further to the attached correspondence. Please be aware CPR 31.14 is not applicable to small claims, the track this case will inevitably be allocated to however, in an effort to settle the matter please find attached evidence we currently have access to. Your Defence will be considered in due course.'
The have attached the PCN letter, the Overdue PCN letter and 2 pictures which are identical take 4 seconds apart.

2. Email two from Gladstone:
'Dear____
UK Car Park Management Limited
-v-
_________

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.
Please find attached a copy of our Client’s 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 Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.
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 cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.'
They attached N180 Directions questionnaire, REQUEST FOR SPECIAL DIRECTION PURSUANT TO PD27 which says the below:
We kindly request that the Court send the N159 form (a redacted example of which is attached) to the Defendant for their consideration and, upon the Defendant consenting to the case being heard on the papers alone, the Judge makes the following direction;
“The matter will be considered on paperwork without a hearing. The parties attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied and any written representations received.”

3. I have also received a letter from court which says that it acknowledge receipt of my defence.

4. I have also received a letter which says 'notice of proposed allocation of the small claims track' and with it was a form called 'direction questionnaire' which is asking me complete by 16th Nov.

Next step - I understand that I need to complete this direction form. Do you guys have any advice on how I should complete this form? There are couple of questions which I am not sure what to answer.

Thanks for all your support so far.
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ostell
post Tue, 6 Nov 2018 - 22:16
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Do a search for "Gladstomes" and "relatively straightforward" so that you can pen a suitable response to that. You do not want a paper hearing, you want a hearing at your local court.
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MajAmin
post Mon, 12 Nov 2018 - 11:50
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Thanks Ostell for responding. I will ask for a court hearing. smile.gif
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Redivi
post Mon, 12 Nov 2018 - 12:02
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You'd better

That defence has no chance with a hearing on the papers
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SchoolRunMum
post Mon, 12 Nov 2018 - 21:26
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You need a far better Witness Statement and evidence, and must attend the hearing to have a decent chance, in your case and given that defence, as Redivi says!
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