UKPC - County Court Claim Defence and Process

IndigoMondayToyota · 10 June 2016 at 4:19PM

In terms of obtaining the contract, do I contact UKPC direct, or go through SCS Law? And is this requested through a Part 18 request submitted to either party along with the other bits of info we're looking to get?

Then do I submit the defence via MCOL?

bod1467 · 10 June 2016 at 4:55PM

You can't ask them for the contract. (Well you can, but they can equally tell you to FRO

)

However you can request that an unredacted copy of the contract is presented to the court as evidence of UKPC's right to operate in that car park and enforce charges via small claims in their own name, and that a witness statement should not be deemed adequate.

Coupon-mad · 10 June 2016 at 10:35PM

IndigoMondayToyota wrote: »

In terms of obtaining the contract, do I contact UKPC direct, or go through SCS Law? And is this requested through a Part 18 request submitted to either party along with the other bits of info we're looking to get?

In some ways it's now felt better not to help them to build their case. So if there are documents or evidence missing, don't tell them/ask for them. Part 18 requests are designed to ask a question and not for getting documents. Just build your defence points to expose the holes.

And it is better to do some digging yourself, e.g. Land Registry check of who owns the land and maybe a SAR issued to UKPC for all information they hold about you, your data/details and the vehicle and their use of that data. They have to provide this - as long as what you are requesting can be reasonably quickly provided, which it can. The most they can charge is a tenner, so worth considering to see all the info they have on you and the vehicle...and when/how they got it and used it.

IndigoMondayToyota · 11 June 2016 at 7:08PM

Sorry for the wall of text, but I have forgotten to mention that I received the Particulars of Claim from SCS Law.

POC:
1 - The Claimant is, and was at all material times, a private parking company, managing parking at the locations listed in the below paragraphs pertaining to contraventions ('the sites(s)') (I will be challenging them on this with my Part 18 request (see my next post))
2. The Defendant is and was at all material times an individual/company and was the registered keeper or driver of the vehicle(s) with registration number(s) XXXXXXX ('the vehicle(s)') (This is correct, however I have now sold the vehicle, though this isn't really going to help! )
3. The Defendant has admitted that they were the driver of the vehicle(s) for the contraventions listed below and/or, in the event that the Claimant has been unable to identify the driver of the vehicle(s), the Claimant has complied with the provisions of paragraph 4(2) of Schedule 4 of the Protections of Freedoms Act 2012 and has the right to bring this claim against the registered keeper under paragraph 4(1) of Schedule 3 of the same Act, being the defendant. (I DID NOT ADMIN AT ANY POINT I WAS THE DRIVER...I ignored ALL letters from UKPC, DRPL, ZENITH, etc. Only letter i responded to was SCS Law which had no mention of myself as registered keeper, or even driver.)
4. For each contravention listed below, parking at each of the specified sites was offered subject to the Claimant's T&C's, which were clearly displayed on signage throughout the site. These T&C's were accepted by the driver of the vehicle(s) when they parked their vbehicle(s) at the specified sites ('the agreement' and the Defendant was therefore bound by the same in their capacity as driver of the vehicle(s) and/or registered keeper. It was a term of the agreement that in the event of breach of the terms of parking a Parking Charge Notice ('PCN') would be issued for a sum & be payable within 28 days.

Contraventions
Each one follows in the same format:
On DATE, the Defendant's vehicle was parked at LOCATION. The driver of the vehicle breached the terms of the agreement by not parking correctly within a marked bay at the site. The Claimant has therefore issued a PCN, PCN REFERENCE. The Defendant has failed to pay the sums due within 28 days or at all. The amount currently outstanding under this PCN is £160.

5. The Defendant has failed to pay the sums owed in respect of the aforementioned PCN's.

6. In the circumstances, the Claimant has suffered loss and/or damage due to the Defendant's failure to pay the charges.

PARTICULARS OF LOSS
DATE: XX/XX/XXXX Ticket Number XXXXXXXXX Reference XXXXXXXXX AMOUNT £160
Total Amount XXXXXX

7. The Claimant has complied with the requirements of the Practice Direction-Pre Action Conduct. (I disagree on this, which I sent them a letter on initially from my original post).
AND the Claimant claims:
(1) £XXXX.XX
(2) Costs.

I will be doing the following today/tomorrow:
1. Sending SCS Law a Part 18 Request (see below) - Please confirm any additions or omissions to be made.
2. Contacting my Housing Association using the template created by The Deep in his post here:
forums.moneysavingexpert.com/showthread.php?t=4918256#9 (PLEASE TURN INTO HYPERLINK - http:// removed from beginning) - Can I write to them and ask they cancel the claims made by UKPC made through County Court Claim?

I have also obtained the Title Register and Title Plan from Land Registry - please let me know what I should be looking out for.

IndigoMondayToyota · 11 June 2016 at 7:09PM

Part 18 Request to SCS Law:

1. What is the basis of the claim? Is the claim for alleged breach of contract or a contractual fee?

2. Is UKPC making a claim as an agent of the landowner or as occupier in their own right? Please provide a copy of the full unredacted contract UKPC had in place at the relevant times with the landowner, agent or occupier. A witness statement is not deemed adequate.

3. Please provide proof UKPC have the authority to pursue charges by proving UKPC have Landowner’s authority.

3. How was the alleged contract conveyed to the driver? If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, a works schedule, maintenance record, and their location within the site.

4. Please provide copies of the PCN’s that UK Parking Control says were issued at the times claimed.

5. Please provide time stamped photos of the above.

6. Please provide copies of any notices to keeper that UK Parking Control sent to the registered keeper.

7. Please issue a Subject Access Request for all information you hold about the registered keeper, such as the data and the details, the vehicle, and UKPC’s use of that data.

8. (I need some help on what to write for the POFA and keeper liability, and how to challenge them on this).

Coupon-mad · 11 June 2016 at 11:21PM

Bumping this thread for everyone to see on Sunday, it was on page two.

IndigoMondayToyota · 13 June 2016 at 12:01PM

anyone think it's worth sending the email / letter to my Housing Association Housing using the template created by The Deep in his post here:
hxxp:// forums.moneysavingexpert.com/showthread.php?t=4918256#9 ?

Ideally, I would like to send both the Part 18 Request, and the email / letter off today, as well as the Holding Defence.

Thanks in advance once again for your help

Coupon-mad · 13 June 2016 at 2:51PM

You could certainly complain to the HA although your wording would be different and could include their recent forged photos which got them temporarily banned by the DVLA:

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

Show us your bullet point defence.

IndigoMondayToyota · 13 June 2016 at 4:02PM

Thx CM. I've sent off my complaint to HA and included the part about recently forged photos.

Bullet Point defence (which needs a lot more work and points having re-read it...)

1. It is admitted that Defendant was the registered keeper of the vehicle in question.

2. The defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charge

3. The signage displayed clearly only makes an offer of parking to permit holders, and therefore only permit holders can be bound by the contractual terms conveyed.

4. It is denied that the Claimant entered into a contract with the Defendant. It is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner XXXX XXXX Housing Association.

5. If there was a contract, it is denied that the penalty charge is incorporated into the contract. The leaseholders' lease is missing any reference to parking permit requirements.

6. Alternatively, even if there was a contract, the provision requiring payment of £2000 (correct amount to be edited before submission) is an unenforceable penalty clause.

7. Further and alternatively, the provision requiring payment of £2000 is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999.

8. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Any additions or omissions to the above?

Thanks.

IndigoMondayToyota · 13 June 2016 at 8:58PM

Good evening all, just wanted to bump this and get an update if i may.

Thanks.

UKPC - County Court Claim Defence and Process

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