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Cliam Received for unpaid Parking Charge Notice

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  • Cliam Received for unpaid Parking Charge Notice

    Good afternoon,

    I have received a Claim Form issued on 08/03/2023 from Gladstones Solicitor Limited, on behalf of UK Car Park Management Limited for a parking fine issued on 29/08/2021.

    Received a claim? Yes/No: Yes
    Issue Date: 08/03/2023
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £300
    Claimant’s Name: UK CAR PARK MANAGEMENT LIMITED
    Solicitors Firm: Gladstones Solicitors Limited
    Original Creditor: UK CAR PARK MANAGEMENT LIMITED
    Original Debt (eg. Credit card/Loan/Overdraft) : Original fine was £100
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    The driver of the vehicle with registration XXXXXXXX (the “Vehicle”) parked in breach of the terms of parking stipulated on the signage (“the “Contract”) at….. address…., on 29/08/2021 thus incurring the parking charge (the “PCN”).
    The PCN was not paid within 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, £70 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £25.14 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred
    List any letters you have sent (eg: CCA/ CPR ): No letter has been sent yet.

    Any Other Information or Background Details: The claim is for a PCN received at my home address.
    I have ignored all letters in regard to the fine and I don’t have any information in regards to it
    The parking was at my home address and I do have a parking permit but it fell on the car floor that day without me noticing.

    Please what can I do to fight this?
    #
    Many thanks
    Tags: None

  • #2
    Have you acknowledged the claim?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Hello,

      Thanks for the response. yes, I have acknowledged on Money Claim Online.

      Thanks

      Comment


      • #4
        Originally posted by Afrochap View Post
        Hello,

        Thanks for the response. yes, I have acknowledged on Money Claim Online.

        Thanks
        In which case you will need to file a defence with court (Northampton CCBC) by Mon 10th April (33 days from the claim issue date).
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Many thanks once again.

          Any idea what on what I can do re defence?

          Comment


          • #6
            Originally posted by Afrochap View Post
            Many thanks once again.

            Any idea what on what I can do re defence?
            It would be difficult to suggest anything, as we don't know anything about the circumstances of the alleged contavention, haven't seen any documentation or even the relevant parking sign t&c's.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Originally posted by charitynjw View Post

              It would be difficult to suggest anything, as we don't know anything about the circumstances of the alleged contavention, haven't seen any documentation or even the relevant parking sign t&c's.
              Many thanks for your response and time

              I have raised a SAR with UKCPM (on 27/03) and currently waiting for their response. I also emailed their Solicitors 9on 28/03) to let them know that I am currently seeking advise, I deny the debt and I've raised a SAR with their client.

              To provide further information, I have attached the parking sign by UKPCM and also parts of my leasehold that I think may be useful in this case.

              Please let me have your thoughts, many thanks

              Attachment .pdf

              Comment


              • #8
                Originally posted by Afrochap View Post

                Many thanks for your response and time

                I have raised a SAR with UKCPM (on 27/03) and currently waiting for their response. I also emailed their Solicitors 9on 28/03) to let them know that I am currently seeking advise, I deny the debt and I've raised a SAR with their client.

                To provide further information, I have attached the parking sign by UKPCM and also parts of my leasehold that I think may be useful in this case.

                Please let me have your thoughts, many thanks

                [ATTACH]n1642197[/ATTACH]
                Have you received anything from CPM yet?
                Small revision...Monday 10th April being a BH, your defence can be submitted (latest) the following working day, Tues 11th.
                The sign just about does enough to be an enforceable unilateral offer.
                At first blush & with ref to your posted info you appear to have a reasonable defence based on quiet enjoyment & frustration of contract (supervening event).
                But until you (& we) receive further & better info, if it were me I'd file a holding defence & chase CPM (via Gladstones) for disclosure.
                The contract between CPM & (ultimately) the landowner should also be rquested....you won't obtain it via the SAR, though, as it is not personal data.
                Last edited by charitynjw; 7th April 2023, 05:37:AM.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

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