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UK CPM and the wrong date, Court claim started
OldFarmer
post Wed, 23 Aug 2017 - 09:14
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I was wondering if anyone can help. I received a County Court Claim Form from UK CPM (being represented by Gladstone Solicitors). It pertains to a parking charge incurred on the 1st Feb 2017 when I was parked in a residents parking bay that was not allocated to me. They are claiming £240.69.

I struggled to get details about this notice as I had discarded all correspondences from the UK CPM, Debt Recovery Plus and Gladstone Solicitors. I was away that day and couldn't have possibly parked there. The management agent and UK CPM all failed to give me any evidence or details of the alleged contravention until after the County Court Claim Form came.

I finally received an email with photographic evidence showing that the alleged offence occurred on the 5th January 2017 and not the 1st February 2017 as stated in the County Claim Form. I am not sure if I should mention the fact that it was an earlier date but just try and have the case dismissed on the grounds that the date is incorrect.

I was going to state the following in my Defence:

'I dispute the full amount claimed. I was not at B* House on the 1st February 2017 and therefore could not have incurred any parking charges then. The first that I heard about this was in correspondence from Debt Recovery Plus. I contacted UK CPM (via the Property Management Agents who have commissioned their services) and they have refused to provide any information as to the details of the alleged parking violation stating that this will only be provided in court. I subsequently received the county court summons and this states that the parking charge relates to a day that I was not even at the property. '

Would appreciate any advice! I have to reply by the end of the month.

Thanks

PS I had parked in another resident bay (that is always vacant) as someone had parked in my allocated bay (not that I believe UK CPM has any right to demand that I display a permit as my lease does not require this)
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post Wed, 23 Aug 2017 - 09:14
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nosferatu1001
post Wed, 23 Aug 2017 - 09:43
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Step 1) Have you ACKNOWLEDGED the claim form? If not do it ONLINE, TODAY, using the details on the form. Do not enter ANYTHING into the defence box, literally not even a ful stop. You do NOT contest jurisdiction unless you live outside england and wales

Step 2) You will havea much lengthier defence, starting with the fact the PoC are woeful and have this material defect.

What is the ISSUE DATE of your claim form?
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OldFarmer
post Wed, 23 Aug 2017 - 12:49
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Thanks, nosferatu1001. I had also posted on MSE as Glaswegian in London and appreciate your advice there too.

I will acknowledge online as advised today.

The date of issue is the 14th August. I will prepare the defence and ask if they allow the hearing on papers only.

Will post my defence on this thread and would very much appreciate any/all suggestions.

Thanks
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nosferatu1001
post Wed, 23 Aug 2017 - 13:31
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Ah, you must cross ref to each post
Its poor form to have threads with no linkage - as poeople waste their time giving advice already given. It can be annoying.

Post your defence in both places, and keep both up to date. Youve got a lot of work

Hearing on papers is an absolute no no usualy. You will struggle to put your case across as effectively. They'll likely ask to amend their particulars to show the correct date - you shoudl instead preempt this and state that given the sparse particulars, that dont even use half the space allotted to them (allowance 1080 characters) are materially incorrect. The claim shoudl be struck out as not only is there no cause of action given, the claiant cant even get one of the few facts supplied correct.

Your deadline is 33 days from date of issue.

This post has been edited by nosferatu1001: Wed, 23 Aug 2017 - 13:31
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OldFarmer
post Wed, 13 Sep 2017 - 21:22
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Apologies for the delay in reposting but have been busy moving home and it has been a struggle do so with a 2 year old and a heavily pregnant wife!

Here is my Defence that I have submitted (an amendment of Johnersh's defence (on MoneySavingExpert.com)).

The main point is that the offence, in the County Court Claim from Gladstone Solicitors, states the offence occurred on the 1st February 2017 (with UKCPM having stated in an email that they have photographic evidence that I was parked in an non-allocated bay on the 5th January). This bay is always empty and was used as someone else had parked in my bay (this is one of the closest to the building entrance and is often used by visitors and residents if stopping by for a short time etc).

The second point made was that the primacy of contract defence (even if they were to ask to amend the particulars).

'DEFENCE

Preliminary
1. The Particulars of Claim lack specificity, are false and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct.

Background
3. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark xxxx xxx which is the subject of these proceedings.

4. It is strongly denied that on 1st February 2017 that the Defendant's vehicle was parked at xxxxxxxx.

Authority to Park and Primacy of Contract
5. Furthermore, it is denied that the Defendant was in breach of any parking conditions or was not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle to be parked by the terms of the lease which permits the parking of vehicle(s) on the land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court, together with witness evidence that prior permission to park had been given.

7. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot unilaterally be restricted where provided for within the lease. The Claimant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.

7. Accordingly it is denied that:
7.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
7.2. there was any obligation (at all) to display a permit; and
7.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

8. It is denied that the Claimant has standing to bring any claim in the absence of a contract that expressly permits the Claimant to do so, in addition to merely undertaking parking management. The Claimant has provided no proof of any such entitlement.

9. It is denied that the Claimant has any entitlement to the sums sought.

10. It is admitted that interest may be applicable, subject to the discretion of the Court on any sum (if awarded), but it is denied that interest is applicable on the total sums claimed by the Claimant.


STATEMENT OF TRUTH
I confirm that the contents of the Defence are true.'

Hope this is OK

PS I submitted this using MCOL as I don't have scanning facilities. Hope this shouldn't cause an issue

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nosferatu1001
post Thu, 14 Sep 2017 - 08:24
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So you used the online defence box? Thsts why its so short I guess....
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The Rookie
post Thu, 14 Sep 2017 - 14:50
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Statement of truth for a defence? that should be for your witness statement!


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OldFarmer
post Thu, 14 Sep 2017 - 21:33
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I had left this far too late and the whole process is difficult to understand (still confused on what the skeleton is and if it is different from the witness statement).

I submitted a brief defence as it includes the premise of my defence that Gladstone have stated a wrong date for the alleged violation (the photo evidence shows that it was in January rather than February that I had parked in another bay) and that if they did amend the particulars to the correct date that I would then base my defence on the primacy of contract.

I was hoping to elucidate on the evidence in my subsequent witness statement (didn't realise that a statement of truth is only for the witness statement!!!).
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SchoolRunMum
post Thu, 14 Sep 2017 - 21:43
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IMHO, that's a perfectly adequate and in fact a good defence. Johnersh on MSE is a solicitor, so you have good issues covered in that defence. It's short because Johnersh is more concise than some of us!

QUOTE
didn't realise that a statement of truth is only for the witness statement!!


It's not.


QUOTE
still confused on what the skeleton is and if it is different from the witness statement


You are not near that stage yet. You will get a letter from Gladstones telling you that the case is 'straightforward' and should be 'heard on the papers' rather than at a hearing...just as you will read about in all Gladstones threads on both forums. Easy to rebuff, when you send your own N180 (not the version Gladstones supply misleadingly).

Search both forums for 'Gladstones straightforward' or try Google 'Gladstones straightforward parking charge on the papers' and you will see this covered, plus people's examples of their WS and skeletons (later!).


QUOTE
I was away that day and couldn't have possibly parked there.


Evidence will be needed with your WS in due course, e.g. photos of signs (showing unclear, wordy gobbledegook) and evidence that you were away and that no-one else could have driven the car there, and that in a letter, UKCPM have not shown any photos of the car parked on 1st February.
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OldFarmer
post Sun, 15 Oct 2017 - 21:18
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Hi SchoolRunMum. Apologies for the delay in replying. I just wanted to say thank you for your reply. It was most helpful.
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