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UKPC - County Court Claim Defence and Process

Good evening all,

I come to this forum asking for assistance after reading several threads (including the NEWBIES thread), and forums such as MSE, Pepipoo, ParkingPranksters.

I've been parking in a private residential area which has allocated parking spots to homeowners. As I live with my parents, they have already taken the allotted parking spot for our house, and we therefore cannot take another one within the area. There are only 3 visitor parking facilities available to the hundreds of people who live here. Often at times, the road leading to where I live is fully parked, along with the visitor parking spaces being taken, and thus leaving me with no option to park other than in front of my flat.

To cut a long story short, I have received several (more than 10, less than 15) PCN's over the course of a few years from UKPC, who I'm sure most of you are familiar with ;). These are all issued under the contravention that I was 'not parked correctly within a marked bay', even though there wasn't any allocated bay to be able to park in. These were all issued after October 2013.

After many months and years of ignoring several threatening letters from UKPC, DRPL, Zenith Collections, I realized (after reading the forums recently) that it was too late to do anything and that I shouldn't have ignored those letters!! BIG BIG MISTAKE! :( :mad: :(

I initially received a letter from SCS Law early this month regarding 'debt owed to UKPC', detailing the dates, reference, car reg, location, contravention and the amounts. I responded to this letter which they stated should considered as a 'letter before claim' by using zzzLazyDaisy's template via the thread - 'LBCCC Fightback' as I felt it lacked the requirements to be an official Letter Before Claim. SCS Law then responded about the 'revisions being made to the Practice Direction on Pre action Conduct which came into force on 6th April 2015. Annex A was replaced with Paragraph 6 "Steps Before Issuing". Our letter gave a concise detail of the claim, provided the relevant dates and locations where breaches occurred, and described the breaches which gave rise to the parking charges, including the amounts incurred. We are satisfied that our letter complies with the requirements of paragraph 6.'

Due to work and private commitments, I was unable to respond to their letter, and therefore brings me to where I am now.

Recently, I have received a Claim Form from the County Court Business Center which tallies up to a total cost of around £2000 (amount claimed, court fee and legal representative's costs). I know this part should NOT be ignored and I have sent my Acknowledgement of Service and selected the option to say I will be defending my claim in full via MCOL. Quick question - does this give me 28 days from today (29th May), or from day of issue on the claim form?

From what I gather in Bargepole's summary of County Court Claim Procedure, I am now around and Step 3.

If anyone could help me with my defense and throughout the whole process (excluding the actual hearing!), I'll be eternally grateful as I've never done any of this before.

Many thanks in advance,
Inigo Montoya

PS. That is obviously not my real name! :rotfl:
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Comments

  • Redx
    Redx Posts: 38,084
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    there will be a date on the form and its deemed "live" something like 5 days after it was posted, so acknowledging it allows you an extra 14 days on top of the 14 allowed, not 28 days from today

    use the forum search box to find similar 2016 claims from UKPC and CEL and do similar to those , starting with your holding defence

    it sounds as if they are using one court claim for multiple tickets if the 2 grand claimed is the figure on the mcol
  • System
    System Posts: 178,077
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    Check this case to see if it is similar. Post up a pic of the signs

    http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024
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    Things that'll scupper them, and which you must challenge on include:
    • Signage - need photos of the sign as they were at the times when the charges were issued
    • Authority (1) - need to see exactly what the lease for the property says about parking, especialy the non-allocated spaces
    • Authority (2) - Challenge that they don't have authority to pursue charges, they'll need to prove they have the landowner's authority, i.e. a chain of authorityfrom the freeholder through the management company to the PPC
    • POFA - Always challenge on the protection of Freedoms Act and keeper liability.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Be sure to mention in court this company's murky past

    UKPC are former clampers who have been involved in quite a number of sordid scams, for example

    Hull Trading Standards took them to court on 15 counts of fraud. UKPC won all but one, but only because they had a better lawyer, a Q.C. If I recall correctly

    http://forums.pepipoo.com/index.php?showtopic=63597

    They were bested by a Winchester barrister

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    They were involved in a large scale scam which resulted in a DVLA suspension

    http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

    They are in trouble in court

    http://parking-prankster.blogspot.co.uk/search?updated-min=2016-01-01T00:00:00-08:00&updated-max=2017-01-01T00:00:00-08:00&max-results=50

    And then of course there was Tracey Kiss

    http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/
    You never know how far you can go until you go too far.
  • RedX - Thank you for confirming. They are indeed using a 'one for all' claim against those unpaid invoices. Do I submit my holding defence via MCOL?

    IamEmanresu - I've uploaded the pic to Photo bucket. Grateful if a mod can turn it into a link:
    i1206.photobucket.com/albums/bb454/lyjutisp/Mobile%20Uploads/20160530_134548_zpssxh7vtjj.jpg (http:// has been removed from the beginning).

    The Slithy Tove - Sorry for the ignorance, but do I submit this in my defence via MCOL? Or is this requested via a 'Part 18' that send separately to SCS Law?

    The Deep - Thank you. I've created a word doc with those points. I take it this is what I take separately to the hearing without letting anyone know (I suspect this is the case, just wanted it confirmed) :D

    Thanks everyone for your help, and sorry for the delayed response.
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    http://s1206.photobucket.com/user/lyjutisp/media/Mobile%20Uploads/20160530_134548_zpssxh7vtjj.jpg.html

    The charge has been changed by sticky label (one question is, when?!). I bet if you peeled that you would see £90 underneath. I don't suppose there are any signs still showing £90?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks CouponMad. I have no idea when this was changed. I also know the sign leading up to where I live was changed (but I have no proof! :() so it had larger writing now. I shall have a peel at the sign, and any others, tonight when I get home.
  • Guys_Dad
    Guys_Dad Posts: 11,025
    First Post Combo Breaker
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    "Often at times, the road leading to where I live is fully parked, along with the visitor parking spaces being taken, and thus leaving me with no option to park other than in front of my flat."

    I would not use that or any similar wording in your defence. Throughout the UK, there are hundreds of thousands of people with no parking facilities outside their properties. They have no inherent rights to park where no parking exists and it is a bad design of the block that there is so much limited parking. It will get no sympathy from the judge.

    Please follow the other posters' advice re fighting the case but do take it on board that you will need to find somewhere else to park or live to avoid a recurrence of these tickets.
  • Thanks Guys Dad. Note taken. Which points should / can I use to help my defence other than the ones pointed out by The Slithy Tove?
  • Guys_Dad
    Guys_Dad Posts: 11,025
    First Post Combo Breaker
    Forumite
    You need to split the problem into two.

    1. Have I any real mitigating reasons that I can use, such as a clause in my lease, permission from landowner etc etc? Probably a bit thin at the moment, I fear.

    2. What procedural or technical errors have the PPC made? That is where the regulars here can point you in the right directyion. No good saying "The signs are deficient". You need to look at the requirements of the PPC trade association re signs and pick their apart.

    What rights to pursue occupiers is in their contract with the landowner? Demand to see contract.

    Are their NtKs compliant with PoFA in all aspects?

    etc .
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