PCN from CPM escalated to court claim, Received MCOL from CPM Options

[j_sack04]

Hi All,

I received a PCN back in December 17 from UK CPM Ltd for. They requested I pay £160 for anauthorised parking. I then received subsequent letters from DRP requesting I pay the amount and a further 3 letters from Gladstone's Solicitors, the first requesting I pay the £160 and the two that followed were letters before claim.

I have now received a court claim form. I have logged in online to extend the period I have to form my defense (Acknowledgement of service) however what rights do I have to argue the case?

The driver parked at the location to have some work binded for university but has no receipt to prove they did this. Furthermore, there is no parking fee to park where the driver did 'Rivermead Industrial Estate' Chelmsford. Could I argue that there is no financial loss.

Finally on the claim form and the letters before claim the place I was parked is spelt incorrectly 'Rivermede' instead of 'Rivermead', could the driver argue that they didn't park in the named location on the letter?

I need to visit the location to review the conditions of the sign and will post a picture of the conditions.

Thanks in advance for your advice.

This post has been edited by j_sack04: Fri, 14 Dec 2018 - 23:54

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[j_sack04]

Hi All,

I have received the DQ however there isn't enough space to write in detail like in the example below.

Can I append additional documentation with the questionnaire as part of my response?

Thanks,

J

I have a saved "special Directions" response. No Copy & Paste, edit to suit.

The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.
He has also been informed that the Claimant requests to transfer the hearing to the Claimant’s local court if the Defendant does not consent.

The Defendant objects strongly to both proposals and denies that the matter is relatively straightforward.

Issues in dispute include :

1 The Claimant’s failure to disclose any details or cause of action
2 The Claimant’s authority to *********
3 The Claimant’s failure to **********
4 The inadequate signage at the location
5 The Defendant’s denial that any contract has ever existed with the Claimant
6 The Claimant’s addition of Indemnity Costs

The Defendant will therefore wish to question the Claimant regarding its witness statement and other documents.

The Defendant, as a litigant in person would be seriously disadvantaged against the Claimant, a parking company that has employed its Trade Association solicitor to prepare its documents.
The Defendant respectfully reminds the Court that the Claimant has ignored a request, in response to its Letter Before Claim, to provide a copy of ******.

The Defendant has the reasonable belief that the Claimant may attempt to introduce documents and arguments that he will not have the opportunity to dispute.

He therefore requests that the case be listed for an oral hearing at the Defendant’s local court in accordance with the Practice Direction when the Defendant is an individual.

[nosferatu1001]

Covering letter.

[Redivi]

In the relevant space :

The Defendant's local court (name if known) in accordance with CPR 26.2A(3) when the Defendant is an individual.
The Defendant will object to the Claimant's intended request for a hearing on the papers.
Please refer to covering letter

[j_sack04]

Morning All,

So on Friday I received a 'Notice of Discontinuance' from the claimant's solicitor, so claim concluded and no need for me to go to court.

Thanks so much for everyone's help on this!

Regards,

Josh

[nosferatu1001]

Good news, b ut check with the court!

[j_sack04]

Had a call form the court this morning to say I don't need to attend the hearing tomorrow.