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CPM parking charge notice
niikii
post Fri, 12 Aug 2016 - 10:25
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I'm new in this forum. I need your help please I'm tenant in private residence UK CAR-PARK ENGAGEMENT took control our residence parking nearly 9 month ago and I got 6 ticket all together.

My vehicle was issued 6 ticket one after another 1st PCN on 16th of June 2016 the day I have parked my car at Lantern Close in bay no:46 where usually I’m parking my car last four years and the reason stated on ticket is “Not displaying valid permit” and I was shocked that my parking permit was displayed on wind screen so why warden issued ticket to me? Before I find out why they issued ticket? I wrote formal appeal to them to give me a reason why they issuing ticket to me? I wrote all the appeal to them for clarify why they issuing ticket to me? Even my permit always displayed on wind screen!
Finally I received their explanation letter on 16th of July after 29 days stating that my permit is not correspond to the parking bay where I’m parking my car. I have a visitor permit which was issued by CPM and my visitor permit displayed on careen and I’m not visitor I’m tenant and I have only visitor permit they supposed to give more clear reason on ticket that “Not displaying valid residence permit “Instead of saying “Not displaying valid permit” until now I was thinking that I have valid permit and I'm parking my car in 46 bay last four years and the 46 bay owner they don't have car and they were happy to let me park my car in their bay Its took 29 days to know what happened in between they already issued 5 ticket unfairly I’m not stupid if I knew that they talking about my visitor permit is not valid for 46 bay then I could have moved my car when the 1st ticket was issued not waiting for putting ticket one after another.

After rejected my appeal by CPM I wrote appeal to Independent Appeals Service TheIAS.org and lost my appeal there as well.
Now I'm worried CPM start sending letter to pay £100 each ticket all together £600 I cannot afford.

Please advice on below point.
(1) what is the private car park company rules? CPM took control 9 month ago but they didn't check car park since they took charge of and suddenly in June start issuing ticket to me.
(2) What next as i have lost my appeal in ISA as well
(3) I read in forum that private company can not charge me full amount but they can only charge the money that they loss on private land.

I'm feeling very stressful can somebody help me please!
Sorry for my poor English may I didn't explain very well.
Thank you in advance for your help.

This post has been edited by niikii: Fri, 12 Aug 2016 - 10:27
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post Fri, 12 Aug 2016 - 10:25
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nosferatu1001
post Fri, 23 Feb 2018 - 23:53
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4101 - no this is ws stage.

It’s ok, op. It’s so you understand
- driver is a legal concept
- so is keeper

While they CAN be the same actual person , the Parking company can’t assume that - they need evidence. If you’re defending as the keeper, without identifying the driver, you MUST ensure the driver is never identified. An obvious few to avoid could be “I drove into ....” or “my son drive into” or “my maiden aunt parked her car...”. They would all instead state “the driver parked...”

This post has been edited by nosferatu1001: Fri, 23 Feb 2018 - 23:54
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niikii
post Thu, 8 Mar 2018 - 19:49
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Hello again,

Thank you all for your kind help and support.

My hearing is on this Monday.

How can I make a list of expenditure or I just write in a simple all cost on paper?

Hopefully, everything works out as planned.

First time in my life I'm attending court so I'm nervous and don't know how I will perform.

Once again big thank you all.





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SchoolRunMum
post Thu, 8 Mar 2018 - 22:22
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Here is a blank costs schedule to adapt, you need to email this to the Claimant's solicitors, and get a copy taken to the local court tomorrow so the court and the other side have it in advance.

And take a copy (plus proof that you emailed it tomorrow!) to the hearing, so that if you win you can claim your costs for lost wages/leave, your travel, parking(!) etc.:

http://forums.moneysavingexpert.com/showth...52#post72079752

You CAN claim loss of leave but some Judges do not know this, so have this up your sleeve in your notes in your 'costs schedule':
''27.14.2(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing''

If you have such a strong case that the Claim was vexatious, unreasonable and without merit, see this about claiming punitive costs, written by legally-qualified LoadsofChildren123:

http://forums.moneysavingexpert.com/showth...43#post72639343

and

http://forums.moneysavingexpert.com/showth...64#post73593864
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niikii
post Fri, 9 Mar 2018 - 11:28
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QUOTE (SchoolRunMum @ Thu, 8 Mar 2018 - 22:22) *
Here is a blank costs schedule to adapt, you need to email this to the Claimant's solicitors, and get a copy taken to the local court tomorrow so the court and the other side have it in advance.

And take a copy (plus proof that you emailed it tomorrow!) to the hearing, so that if you win you can claim your costs for lost wages/leave, your travel, parking(!) etc.:

http://forums.moneysavingexpert.com/showth...52#post72079752

You CAN claim loss of leave but some Judges do not know this, so have this up your sleeve in your notes in your 'costs schedule':
''27.14.2(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing''

If you have such a strong case that the Claim was vexatious, unreasonable and without merit, see this about claiming punitive costs, written by legally-qualified LoadsofChildren123:

http://forums.moneysavingexpert.com/showth...43#post72639343

and

http://forums.moneysavingexpert.com/showth...64#post73593864


Thank you so much.

I have sent cost of schedule to claimant via email.

I tried my best to prepare document but not well prepared as other people does.

I printed all important document with photographs.

I haven't prepared skeleton argument as I'm not confident on that.

Hopefully, everything will be ok.

Thanks again for help and support.

This post has been edited by niikii: Fri, 9 Mar 2018 - 11:29
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nosferatu1001
post Fri, 9 Mar 2018 - 13:56
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A skeleton is just a summary of your defence, and how their claim fails - think even a short bullet point list. It helps you talk through your points

If the claimants WS is the usual rubbish, also pick holes in it - for example they usually make unfounded assumptions.
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niikii
post Mon, 12 Mar 2018 - 18:08
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Oh my God I could not believe their claim is dismissed and I won

Firstly I would like to give many sincere thanks to everyone who commented, especially "nosferatu1001" and "SchoolRunMum" without your help and support I could not make it and when both of you were trying to explain me but my behaviour was like nursery kid, but I’m glad that you didn’t give up on helping me.
My hearing time was 10am but started after 11:20 we called in and judge asked their rep if he received my WS he said yes and then judge said court didn’t receive my WS I explained to judge that I have sent via email and court confirmed they have received and some will reply me within 5 days but no one replied then I tried to call court but no luck. I was nervous at first I was asked by the judge that if you were resident so why did you display the visitor permit on windscreen I explained everything that this is the not case. CPM issued the ticket because the vehicle was parked outside of the designated area but I didn’t. Judge asked me to give him my WS with evidence, photograph and site plan etc I gave him whole sets of document he looked properly and then judge dismiss the case on basis of that my picture is proving that is marked bay or designated parking place and email from former building secretory attached site plan and he confirmed in email that CPM been told this place is visitor bay. The site plan I had and their rep had was different judge asked him why you have a different site plan then me then he tries to convince the judge that my site plan is different then him it doesn’t mean my site plan is right and up-to-date and also email from George it doesn’t prove that my site plan is right and we don’t know who is the George? And he is a former secretory or residence association member etc but the judge wasn’t happy with his argument asked him to give any other evidence that he can prove that the vehicle was parked is not designated bay but he didn’t have anything to submit and judge dismiss the case.
Sorry maybe I have not explained very well here but I tried my best to explain what happened in a courtroom.
The judge awarded me day cost, parking charge and journey from home but he refused to pay unreasonable behavior cost. Altogether I was awarded £103.00
Once again many thanks, all of you and you guys awesome to help the people like me.
God bless you.
My one chapter is closed but I have another five if they open in future then I will come back again for your help and support.
Thank you.

This post has been edited by niikii: Mon, 12 Mar 2018 - 18:09
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hexaflexagon
post Mon, 12 Mar 2018 - 18:23
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Well done.

And well done for persevering with what was clearly a whole new subject for you.
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Redivi
post Mon, 12 Mar 2018 - 18:42
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Well done

You never know what point will press the judge's button

Curious question why you displayed a permit when you were a resident

It implies that the judge believes that residents don't have to display permits and displaying them can be regarded as accepting the parking company's authority
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SchoolRunMum
post Mon, 12 Mar 2018 - 22:21
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QUOTE
The judge awarded me day cost, parking charge and journey from home but he refused to pay unreasonable behavior cost. Altogether I was awarded £103.00


VERY well done to you!

Now send a letter to UKCPM pointing out the doctrine of res judicata, demanding the other PCNs are now cancelled, and telling them if they try more claims you will seek costs on the indemnity basis for unreasonableness:

https://uk.practicallaw.thomsonreuters.com/...true&bhcp=1
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nosferatu1001
post Tue, 13 Mar 2018 - 10:16
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PLEASE do exactly as SRM says abvoe in post 189 - this matter has already been decided upon, so they must not chance their arm on getting a different judge

They must cancell all PCNs and must not issue you with more.

Rob
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niikii
post Tue, 13 Mar 2018 - 20:25
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QUOTE (hexaflexagon @ Mon, 12 Mar 2018 - 18:23) *
Well done.

And well done for persevering with what was clearly a whole new subject for you.


Thank you.
Yes this was completely new subject for me and with help and support from this forum I made it.
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niikii
post Tue, 13 Mar 2018 - 20:47
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QUOTE (Redivi @ Mon, 12 Mar 2018 - 18:42) *
Well done

You never know what point will press the judge's button

Curious question why you displayed a permit when you were a resident

It implies that the judge believes that residents don't have to display permits and displaying them can be regarded as accepting the parking company's authority


Basically resident who has garage they don't have resident permit they have only visitor permit and I had a only visitor permit. I used to park in visitor bay with delaying visitor permit.

All residents have to display permit regardless.

Thank you.

QUOTE (SchoolRunMum @ Mon, 12 Mar 2018 - 22:21) *
QUOTE
The judge awarded me day cost, parking charge and journey from home but he refused to pay unreasonable behavior cost. Altogether I was awarded £103.00


VERY well done to you!

Now send a letter to UKCPM pointing out the doctrine of res judicata, demanding the other PCNs are now cancelled, and telling them if they try more claims you will seek costs on the indemnity basis for unreasonableness:

https://uk.practicallaw.thomsonreuters.com/...true&bhcp=1


Thank you for your help and support.

Again I don't know how to write Res judicata I'll try to find any template that can help me.



QUOTE (nosferatu1001 @ Tue, 13 Mar 2018 - 10:16) *
PLEASE do exactly as SRM says abvoe in post 189 - this matter has already been decided upon, so they must not chance their arm on getting a different judge

They must cancell all PCNs and must not issue you with more.

Rob


Thank you for your help and support.

I'll try to find something people have write before that template could help me.

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