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County Court Claim from Gladstones
SP66DCS
post Mon, 17 Feb 2020 - 10:07
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Hi all,
I have received a “Claim Form” for a parking ticket that I received from a David Lloyd gym whilst I was a member there. The ticket is from 26/11/18 so it has taken a while to get to this point. Previously, towards the end of 2019, I was in contact with David Lloyd (who were happy to help cancel the ticket using an appeal code that I was not made aware of at the time of receiving the ticket), CPM (who have been reasonably helpful but still not able to do anything), and Gladstone Solicitors (which I feel is like speaking to a brick wall). For ease I have laid out all the relevant information below according to the First Steps guide:
Received a claim? Yes/No: Yes
Issue Date: 12/2/20
Have you Acknowledged the Claim?: not yet but I plan to
Total Amount Claimed : Approximately £250
Claimant’s Name: UK Car Park Management Limited
Solicitors Firm: Gladstones Solicitors Limited
Original Creditor: David Lloyd Oxford
Original Debt (eg. Credit card/Loan/Overdraft): £100
Particulars of Claim: The driver of the vehicle with registration XXXXXXX (the ‘vehicle’) parked in breach of the terms of parking stipulated on the signage (the ‘contract’) at DAVID LLOYD OXFORD-ANPR-DAVID LLOYD OXFORD BUSINESS PARK GARSINGTON ROAD OXFORD OX4 2JY, on 26/11/2018 this incurring the parking charge (the ‘PCN’). The PCN was not paid with 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60.00 contractual costs pursuant of the Contract and PCN terms and conditions, together with statutory interest of £14.50 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I’ve been in contact with both over the phone.
List any letters you have sent (eg: CCA/ CPR ): I haven’t sent any letters.
Any Other Information or Background Details: my address on the Claim Form is slightly wrong, one letter wrong.
Any help would be greatly appreciated, many thanks!
(I can provide photos of the claim form if required)
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post Mon, 17 Feb 2020 - 10:07
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SP66DCS
post Thu, 27 Aug 2020 - 17:39
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Thats great thank you. It seems that this Jack Chapman is completely made up.

Do you have any advice on what I should do from here? My court date is on the 10th September.
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Umkomaas
post Thu, 27 Aug 2020 - 19:03
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QUOTE (Umkomaas @ Thu, 27 Aug 2020 - 13:47) *
QUOTE
even if i wont be able to be in court myself?

What do you mean?



QUOTE (SP66DCS @ Thu, 27 Aug 2020 - 18:39) *
Thats great thank you. It seems that this Jack Chapman is completely made up.

Do you have any advice on what I should do from here? My court date is on the 10th September.

I'll try again. Are you intending to be in attendance at the hearing? Rather important.
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SP66DCS
post Fri, 28 Aug 2020 - 07:06
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Sorry, i must have missed your previous reply.

I will try my best to be at the court hearing but i may not be able to get the time of work to be there.
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Umkomaas
post Fri, 28 Aug 2020 - 07:19
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QUOTE (SP66DCS @ Fri, 28 Aug 2020 - 08:06) *
Sorry, i must have missed your previous reply.

I will try my best to be at the court hearing but i may not be able to get the time of work to be there.

You can't just not turn up - you risk unreasonable behaviour costs, including the Claimant's full costs.

You will need give advance notice to request the case be 'heard on the papers', where chances of your success rapidly reduce. In order to beat legal papers produced by those who do this for a living, yours will have to be so much better. You will have no opportunity to put a human voice/face in front of the Judge and you will have no opportunity to question what a representative of the other side might be saying in a face to face/telephone/video hearing.

The vast majority of paper hearings we have seen on the forums have been losses for the motorist. But, you pays your money ......
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SP66DCS
post Fri, 28 Aug 2020 - 21:26
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I’ll try my best to make it then.

Just wondering, does it show if the claimant has paid the initial court trial fee on the MCOL website? As the deadline was today at 4:00PM and there is no mention of the fee being paid on the MCOL website.

Thanks
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Umkomaas
post Sat, 29 Aug 2020 - 08:21
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QUOTE (SP66DCS @ Fri, 28 Aug 2020 - 22:26) *
I’ll try my best to make it then.

Just wondering, does it show if the claimant has paid the initial court trial fee on the MCOL website? As the deadline was today at 4:00PM and there is no mention of the fee being paid on the MCOL website.

Thanks

Not sure ....... have a look, you've got access. The CCBC have been well behind in their admin processes so they may take a bit longer to update their system. Best way is to call them on Tuesday.
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SP66DCS
post Tue, 1 Sep 2020 - 08:48
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So the hearing fee has been paid by the claimant.

On the phone to the court they said that I could send an email that would be forwarded to the judge asking if the court date could be adjourned, stating my reasons for not being able to make it obviously. Has anyone done this before or have any advice?

I hope everyone had a good bank holiday weekend as well!
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Umkomaas
post Tue, 1 Sep 2020 - 13:11
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QUOTE (SP66DCS @ Tue, 1 Sep 2020 - 09:48) *
So the hearing fee has been paid by the claimant.

On the phone to the court they said that I could send an email that would be forwarded to the judge asking if the court date could be adjourned, stating my reasons for not being able to make it obviously. Has anyone done this before or have any advice?

I hope everyone had a good bank holiday weekend as well!

There is a fee for seeking an adjournment. I think it's £100.
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SP66DCS
post Mon, 21 Sep 2020 - 07:36
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So my court date is on Friday now. I have managed get the time of work so will be attending, I am in the process of writing my defence at the moment. My main point is that David Lloyd (The Landowners) were happy to cancel the fine and gave the a code to use when appealing, I have all this on an email chain, UKCPM refused to accept the code from David Lloyd and therefore refused to cancel the fine. Does anyone have any pointers or advice or anything else that I should add to my defence?
Thanks
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Jlc
post Mon, 21 Sep 2020 - 08:09
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Defence?

That's long gone? Even your Witness Statement should have been submitted by now?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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SP66DCS
post Mon, 21 Sep 2020 - 08:17
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Apologies. My defence was submitted a long time ago correct. I have not yet submitted my witness statement however, I'm planning on submitting it today and hoping that it is not too late.
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ostell
post Mon, 21 Sep 2020 - 09:18
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The court normally request that witness statement is submitted some 14 days before the hearing, with a copy to the claimant. Better sort out how to get it there quick and hope the judge overlooks the lateness.
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SP66DCS
post Mon, 21 Sep 2020 - 09:27
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As a quick witness statement how does this look? I realise I have made a mistake on the timings, would it be best to hand deliver this WS or email it to the court?

WITNESS STATEMENT

I, XXX of Address will say as follows:

I am the Defendant and was the driver of the vehicle in this case. I am unrepresented with no legal background or training and have had no previous experience of county court procedures. If I do not set out documents in the correct way, I trust the Court will excuse my inexperience.

Attached to this statement is a paginated bundle of evidentiary documents marked Exhibit A to B to which I will refer.

1. I deny that the Claimant is entitled to relief in the sum claimed, or at all.
2. The Claimant asserts that I am unauthorised to park in the David Lloyd Oxford car park.
3. Before I describe what happened on the day when my vehicle was parked in the David Lloyd Oxford car park to which I am authorised to, I confirm that the essence of my defence to this claim is that:
a) I have not breached any terms and conditions of parking.
b) My vehicle was authorised to park in the David Lloyd Oxford car park.

BACKGROUND

4. At the time I was a bona fide member of the David Lloyd Gym in Oxford, and attach evidence of membership as Exhibit A.

5. My membership card was used to enter the car park, thus meaning I was entitled to park there.

6. Being a student in Oxford the PCN was sent to my home address, meaning that I missed the claim date.

7. UKCPM is a roboclaims company and there is no contact number to speak to someone regarding these issues. I have emailed them numerous times but they rejected my request to cancel, and sent me further demands for payment, in order to put this to a stop I then provided them proof of my gym membership and this was still not considered (Exhibit A).

8. After I sent numerous emails to the gym, they said they will try to cancel the fine as I am a member of the gym, however UKCPM has still not cancelled this and taken this to court. Evidence of this communication can be seen attached as Exhibit B.

9. The conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

10. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

11. In summary, the Claimant's particulars disclose no legal basis for the sum claimed and it is the Defendant's position that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. The Claimant's vexatious conduct from the outset has been intimidating, misleading and indeed untrue in terms of the added costs alleged and the statements made, in trying to justify the unjustifiable.

12. There are several options available within the Courts' case management powers to prevent vexatious litigants pursuing a wide range of individuals for matters which are near-identical, with meritless claims and artificially inflated costs. The Defendant is of the view that private parking firms operate as vexatious litigants and that relief from sanctions should be refused.

13. The Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.



I have also found and adapted a good Skeleton Argument which focuses a lot on this "Jack Chapman" person who appears to be fake.
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Jlc
post Mon, 21 Sep 2020 - 10:36
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A Witness Statement should not have any legal arguments in it.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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SP66DCS
post Mon, 21 Sep 2020 - 10:57
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I have deleted points 10 & 12. Would this be acceptable to send to the courts now?

WITNESS STATEMENT

I, XXX of Address will say as follows:

I am the Defendant and was the driver of the vehicle in this case. I am unrepresented with no legal background or training and have had no previous experience of county court procedures. If I do not set out documents in the correct way, I trust the Court will excuse my inexperience.

Attached to this statement is a paginated bundle of evidentiary documents marked Exhibit A to C to which I will refer.

1. I deny that the Claimant is entitled to relief in the sum claimed, or at all.
2. The Claimant asserts that I am unauthorised to park in the David Lloyd Oxford car park for a prolonged period.
3. Before I describe what happened on the day when my vehicle was parked in the David Lloyd Oxford car park to which I am authorised to, I confirm that the essence of my defence to this claim is that:
a) I have not breached any terms and conditions of parking.
b) My vehicle was authorised to park in the David Lloyd Oxford car park.

BACKGROUND

4. At the time of receiving the PCN on the 29/11/2018 I was a bona fide member of the David Lloyd Gym in Oxford, and attach evidence of membership as Exhibit A.

5. My membership card was used to enter the car park via a barrier, thus meaning I was entitled to park there.

6. I have emailed UKCPM numerous times but they rejected my request to cancel, and sent me further demands for payment, in order to put this to a stop I then provided them proof of my gym membership and this was still not considered (Exhibit A).

7. After I sent numerous emails to the gym, they said they will try to cancel the fine as I am a member of the gym, however UKCPM has still not cancelled this and taken this to court. Evidence of this communication can be seen attached as Exhibit B.

8. I appealed within the required appeal stage on the 3/12/2018, I should have been made aware at this point that I could have received an appeal code from David Lloyd Oxford or in fact that there is a supposed database that my car registration should have been on. Exhibit C

9. My original appeal made on the 3/12/2018 was started within the 21-day period and carried on from this point as I was in constant contact. Exhibit C.

10. The conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

11. I would like to point out that Gladstones also left out the bogus/scam letters claiming to be debt collectors in their witness statement.

12. In summary, the Claimant's particulars disclose no legal basis for the sum claimed and it is the Defendant's position that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. The Claimant's vexatious conduct from the outset has been intimidating, misleading and indeed untrue in terms of the added costs alleged and the statements made, in trying to justify the unjustifiable.

13. The Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.
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