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County Court Notice, Seeking guidance on defence
Doraemon
post Tue, 2 Oct 2018 - 23:18
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Hello forum members,

My first post and I am seeking help from experts. Found some similar posts but not exactly.

Summary: Got a county court notice for a pvt parking offence in 2016. Been asked to pay 275 pounds approx. Notice acknowledged with 'intention of paying part claim' option

Background:
1. Company leased Car parked below apartment on first-come-first-serve allocated parking space.
2. Sticker normally placed on dashboard 365 days a year but one one bad night slipped off on the car floor. Next day PCN struck on windshield.
3. Fine appealed with CPM UK car park mgt admissing genuine lapse but not indicating who was driving. Promised this wont repeat but still appeal rejected. Had sent a copy of allotted sticker and a picture that it was on the car floor and told them I have not glued the sticker as it blocks drivers view.
4. More reminders sent by UK car park mgt but ignored
5. Debt collector starts sending letters addressing me by wrong name (spelling mistake).
6. Asked debt collector to settle for half fine but request rejected.
7. Debt collector sends more letters. By this time, I got frustrated and wrote back demanding proper photographic evidence that shows car registration number and windscreen all in one shot as windscreen pic was blocked by front hedge and registration number not visible. They give separate pics in bits and pieces.
8. Debt collector sends all pics and asks why am I demanding these pics now when in my first appeal accepted the lapse.
9. Finally recieve the county court notice before I could reply back. I was away during holiday period.

Defence points:
1. Had valid parking sticker allotted to my address.
2. Past judgement precedence (2015) in the case of Canterbury council fines where there was a judgement that ruled against the council on fines against flipped but valid parking tickets. This case is similar but its a pvt parking company.
3. The company knows that car is parked 365 days a week in that locality below the apartment and does have a valid sticker.
4. I am still willing to pay half the fine as initially proposed due to the part lapse as acknowledged in the appeal.

Do you think I stand a chance and how do I prepare the case? I am so frustrated, I feel like suing the company for the scamming business model they have developed. Why cant they invest in the technology to let an owner of a ticket to register the car against it so that the company or warden knows this car is authorised to park automatically on the site. This is like taking undue advantage of the disability of a human mind thats forgetful at times. Utterly criminal and unfair. I still have an option of a counter claim as the intention I gave in the court notice acknowledgement is not binding on me it seems.

Thanks and regards

This post has been edited by Doraemon: Wed, 3 Oct 2018 - 20:34
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post Tue, 2 Oct 2018 - 23:18
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SchoolRunMum
post Thu, 18 Oct 2018 - 00:12
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Great!

And hopefully you have found the section about WHAT HAPPENS WHEN, by bargepole in the second post of the NEWBIES thread, and are ready for how to complete the simple DQ that arrives from the court. And have read about the letter Gladstones send about the matter being straightforward and they 'want it hard on the papers'...same as ever...
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Doraemon
post Thu, 18 Oct 2018 - 10:32
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QUOTE (SchoolRunMum @ Thu, 18 Oct 2018 - 01:12) *
Great!

And hopefully you have found the section about WHAT HAPPENS WHEN, by bargepole in the second post of the NEWBIES thread, and are ready for how to complete the simple DQ that arrives from the court. And have read about the letter Gladstones send about the matter being straightforward and they 'want it hard on the papers'...same as ever...


Haven't gone through the second one. But will do, thank you.

I will update next when I hear from the court.
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SchoolRunMum
post Thu, 18 Oct 2018 - 16:52
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The 2nd post of the MSE NEWBIES thread is the only one relevant to you...it should be your go-to bible, for each stage. Tells you what to do and when and how.
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Doraemon
post Thu, 25 Oct 2018 - 00:12
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Finally recieved the questionnaire today from the Claimant. They say they would like to progress with the claim and have asked for 'No hearing' but paper based decision. I am surpriced they acted very quickly within 4-5 days of sending my defence as if they were waiting for just my case!
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ostell
post Thu, 25 Oct 2018 - 07:28
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And you will refute their request for a paper only hearing. Search around for a suitable response.
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Redivi
post Thu, 25 Oct 2018 - 07:39
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Search box in top right corner : reasonably straightforward
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nosferatu1001
post Thu, 25 Oct 2018 - 13:13
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Entirely automated process. It doesnt take much to hit mail merge and send.
You will of course fil out the N180 the court will send (or you just download) and NOT the N159 Gladstones want you to fill out.
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Doraemon
post Fri, 26 Oct 2018 - 20:59
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Okay. I will wait for the courts N180.

In the meantime my Managing Agent has replied to my email when I asked about the contract given to UKCPM. This is their reply and my response to that which I sent today.

' The Directors at Xxxxxxx instructed Crabtree to instruct a car park management company (UKPCM) and it is a requirement to display permit clearly as advised in previous letters prior to UKCPM commencing. There is an extract in the lease that does state "The Company may as its absolute discretion provide maintain or install in or about the Estate any services for the comfort and convenience of the Lessees." The reason for instructing UKCPM was to prevent people who do not live at the property from using the parking bays etc.

You should have received relevant information regarding the UKCPM when receiving the permits, if they have not arrived or you require further assistance please call UKCPM directly on 08454 635050...'

My response:

'Thank you for responding.

I moved in 201x and have recieved nothing apart from the parking permit.

Its important to note that the lease states '...services for the comfort and convinience of the lessees'. And also exactly as you say :
'The reason for instructing UKCPM was to prevent people who do not live at the property from using the parking bays etc'

By fining me , who lives and owns the property, they are not preventing 'outsiders' from parking at the property so I feel UKCPM is going over and above what they have been instructed to achieve.

In this case, I dont feel its comforting to be slapped with a fine for parking your own vehicle in your own shared free parking. I can ask my neighbours ,and get in writing ,who dont feel comforted either that I have been fined. Its only comforting for the Car parking company I suppose.

Anyway, the matter is in the court. Hopefully the outcome will create a comforting precedent for all leesees.

Regards'

This post has been edited by Doraemon: Fri, 26 Oct 2018 - 21:03
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ostell
post Fri, 26 Oct 2018 - 21:22
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"services for the comfort and convenience of the Lessees" does not mean having to pay to a third party stranger to the lease for the right to park when the right to park already exists. This is a derogation of grant.
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nosferatu1001
post Sat, 27 Oct 2018 - 22:10
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To egic( you point to the agents
- they're interfering with your lease
- causing harasss,ent and distress
- breaching your data privacy rights

You require they INSTRUCT their AGENT to cancel the claim, cease ticketing vehicles parked in accordance with your lease, or face appropriate court action including a claim for damages and an injunction.
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kommando
post Sun, 28 Oct 2018 - 12:06
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QUOTE
Okay. I will wait for the courts N180.


Don't wait too long, if it was to get lost in the post and you wait too long then your lack of reply would hand a possible default judgement to CPM, so be proactive and download the N180 PDF and fill it in and send copies to court and Gladstones.
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