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CPM Windscreen Ticket not issue
hblbs
post Mon, 5 Feb 2018 - 16:04
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Hi all,

Hope you can help.

I have received a NTK? letter in the post from CPM for a windscreen ticket that had never been placed on the car.

I am the registered keeper so the letter (including pictures) has come to me directly, but I have never been aware of any ticket being issued and neither was the driver at the time.

Any thoughts on how to proceed?
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post Mon, 5 Feb 2018 - 16:04
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hblbs
post Mon, 30 Apr 2018 - 08:19
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Hi, Just an update on this. I have received a letter from Gladstones Solicitors inviting me to pay the amount to the debt collector.

I ca post up a pic if needed. What are my next steps? How do I fight this?

Thanks in advance.
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nosferatu1001
post Mon, 30 Apr 2018 - 08:33
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Your first step should have been to look to see if other posters have these letters
Which they do
Theyre fakes. The REALLY obvious clue is that they tell you to pay the debt ocllector and not the solicitor. Never happens with a real solicitor - they always get paid direct.

Send a short email to Gladstones, with YOUR PCN reference and NOT the DRP ref, and state the debt is denied and you require them to pass this back to their principa
You will likely get a response stating they dont know what youre talking about> this is proof the letter is a fake.
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hblbs
post Sun, 7 Oct 2018 - 14:32
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Hi, update on this is that I have received a letter before action from Gladstone. I received this on Thursday 4th and the deadline on Friday the 5th. Also as part of this letter they included a letter dated in August.

What are next steps?
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SchoolRunMum
post Sun, 7 Oct 2018 - 14:41
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Depends if it's a real LBC giving you 30 days and a link to pre-action reply forms (clearly you reply, but we say don't use the forms).

Or is it a letter asking you to pay DRplus? Ignore that.

What letters dated August is enclosed, and was that ever received, and what do they say about why they've enclosed it? Makes no sense.
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hblbs
post Sun, 7 Oct 2018 - 16:13
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The letter in August was never received and was an offer to settle with Cpmuk.

Attached is the letter they sent saying I have 30 days to reply, bus as mentioned this was only received this week. However the letter is dated September. What can I do as they've deliberately not left me any time to respond appropriately. I've missed the deadline.


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hblbs
post Sun, 7 Oct 2018 - 19:43
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I have read some similar threads to my own in case this was not a genuine letter from Gladstone's. The advice has been that if the reference number begins with 3 it's likely the debt collectors. If it starts with a 1 is from the solicitors.

I have checked mine and it does indeed begin with a 1. What's the best response now?
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SchoolRunMum
post Sun, 7 Oct 2018 - 20:00
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It seriously takes the Mickey when you see the low lifes at Gladstones lecture a victim 'we refer you to the PAP which obliges the parties to act reasonably and proportionately'.

Send UKCPM a SAR by email, headed: subject access request, asking for all data held electronically or otherwise, including the date/details of any human intervention/decisions as well as automated updates and the DVLA look up, and all photos taken on the day, and all letters sent including any PCN or NTK and including letters sent on their behalf by solicitors at any time, to date.

Send it to the contact email listed here on their Privacy page:

https://www.uk-carparkmanagement.co.uk/privacy

QUOTE
Access to the information and correction

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email info@uk-carparkmanagement.co.uk, or write to use at the following address:
UK Car Park Management Ltd, PO Box 3114, Lancing, BN15 5BR


It might flush out that 'missing' PCN and 'missing' August letter.

Send a copy to Gladstones, saying they/their client must put litigation 'on hold' because this is a 'Restriction of Processing' request under the GDPR, given the current SAR. Should they file a claim, it will be premature and their disregard for the GDPR and vexatious conduct will be drawn to the attention of the Courts.

Finish by saying you expect the proposed litigation to remain on hold for 21 days after their client furnishes all data, all photos and all letters.

Also:
Can you tell us why the car was on that street with no permit? was the car authorised to be there or were the signs unlit/small and not seen?
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hblbs
post Sun, 7 Oct 2018 - 20:10
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Hi thank you very much for your response. I will do this now.

Regarding this situation as I was not the driver, a pick up was being made from the housing association building. At the request of the tenant. The driver advised they could not make out the signage given its size and that there definitely was no ticket affixed to the car.
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hblbs
post Wed, 6 Mar 2019 - 21:27
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Hello all, just to update that I have received a claim form letter from the courts. I am filling in the acknowledgement of service form to give me 28 days to file a defence.

Would appreciate any help to produce a robust defence against this action. As mentioned earlier no parking ticket was ever placed on the vehicle and no option for early repayment was possible. The driver informs me that they did not see adequate signage to know that they were not to park in that location.

Thanks in advance.
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ostell
post Wed, 6 Mar 2019 - 23:06
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So SAR to the PPC requesting all the documents they hold about you and a letter to the solicitor requiring the send you copies of all the documents they intend to rely on in court. As they must have the documents to hand to perform due diligence before raising the claim you require the copies within 7 days.
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nosferatu1001
post Thu, 7 Mar 2019 - 10:46
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1) DO NOT use the form
Go online to MCOL using the details on the form
Fill out online
DO NOT start the defencec
DO NOT ontest jurisdiction unless you live outside england and wales. This court is not the court you will be having the hearing at, so dont think thats what this box does!

2) Tell us the date of ISSUE. You have 33 days from that date to email the PDF of your defence to the court. You will not fill out a form, use MCOL to submit etc. Just an email, with a PDF of your defence

3) Got to the MSE forum, NEWBIES thread, Post 2. READ ALL OF IT. Bookmark it. ANY question on process is answered tehre. THere is also an example, concise defence there. Read, understand, and adapt it to suit if you can.

4) What happened to the SAR you were told to send? You DID do this, yes? If "no", sigh, but do it TODAY. Dont argue. Do it. If you sent it, what did it flush out?

5) Who are they holding liable? Keeper, driver, both?
If Keeper, then what matters is the non-receipt of the Notice to Keeper. So you must know wherre and when it was sent. Must. No ifs or Buts.
I presume you have checked your V5c to confirm YOUR address is correct?
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hblbs
post Thu, 28 Mar 2019 - 23:20
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Thank you, points 1 to 4 have been done. The SAR provided pictures of the car with tiny signage and a PCN affixed to the car. However this was not on the car when he driver returned. A NTK was sent and received, V5 and address details are correct.

The claim says the driver agreed to pay the PCN and claims the unpaid amount from the defendant as the registered keeper.

Below is my defence, issued on the 25th of Feb so have to submit by the 29th (please let me know if this is not the case).

Any additional points or help welcomed.

QUOTE
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked bay visiting a resident at their request to collect an item. There was no PCN affixed to the vehicle on return.

3. The Particulars of Claim state that the Defendant;was the registered keeper and/or the driver of the vehicle(s);. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The Claimant is put to strict proof that it has sufficient prorpietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.


I believe the facts contained in this Defence Statement are true.
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