UKPC County Court Claim

Sam84 · 8 March 2016 at 4:45PM

Hi all,

My mother as registered keeper of a car has ignored PCNs and all subsequent letters from UKPC, SCS etc.

Now she has received County Court claim papers.

The alleged offences are parking outside of her house on double yellow lines (unadopted road on a new housing development). The developers were still building houses and the road didn't go anywhere so parking there was not dangerous or an obstruction to anyone. The road has now been adopted by the council and is used so no-one parks there any more. UKPC are obviously trying to clear up all of there old PCNs as they no longer have authority on this development.

Appreciative of any help and sorry if the answer is hiding (I have looked)

Thanks

bod1467 · 8 March 2016 at 4:56PM

Post #1 of the NEWBIES sticky thread mentions how to deal with court claims (I believe). The section starts with SMALL CLAIM?

Redx · 8 March 2016 at 5:11PM

it certainly does , lol (specsavers ?)

and follow the same advice just given in this thread, but substitute UKPC for CEL

http://forums.moneysavingexpert.com/showthread.php?t=5426988

The_Slithy_Tove · 8 March 2016 at 5:12PM

UKPC seem to be issuing a number of claims that are all doomed. Pursuing tickets on residential parking areas must be some of the hardest to make stick. Must be gluttons for punishment.

As there is no longer a contract in place, I reckon they'll struggle to come up with a contract that enabled them to pursue charges all the way. And as it's yellow lines, then there would never have been an offer to park from UKPC to the driver, therefore no contract between those two can ever have been in place. It can only be trespass, and therefore only the landowner can pursue.

What exactly do the particulars of claim state?

Sam84 · 8 March 2016 at 5:21PM

Found the section on the Newbies thread, thanks.

I will advise her to respond to the claim online saying she will defend and ask for more time. Do I then need to go on Pepipoo forum or can I stay on here?

Is it best to post up the particulars of claim or paraphrase?

Thanks, Sam

Redx · 8 March 2016 at 5:29PM

you can do either or both (here , pepipoo or both), but DO NOT fill in the defence box when acknowledging the claim

the other recent similar threads on here for UKPC court claims will help you formulate a holding defence which needs to be submitted before the deadline of about 28 to 33 days expires , so dont be hasty but dont be tardy

I would advise you to post the holding defence (minus any personal details) on here for critique or advice before putting them on MCOL, plus sort out the part 18 request as well

the ones started before yours should help you along the way, of which there are several this year (only look at 2016 threads and claims)

Sam84 · 8 March 2016 at 5:31PM

One of the paragraphs of the claim particulars:

"For each contravention listed below, parking at each of the specified sites was offered subject to the Claimant's terms and conditions, which were clearly displayed on signage throughout the site. These terms and conditions were accepted by the driver of the vehicle when they parked their vehicle at the specified sites ('the agreement') and the Defendant was therefore bound by the same in their capacity as driver of the vehicle and/or registered keeper. It was terms 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 payable within 28 days."

There are then three contraventions listed below that paragraph, which all state the alleged offence about parking and only state that the vehicle was parked at the housing development (not on any yellow lines or in a bay etc). It is actually laughable that they believe an offer of contract was given to park there!

Redx · 8 March 2016 at 5:32PM

yellow lines are graffiti on private land and have no standing in law

The_Slithy_Tove · 8 March 2016 at 5:42PM

In the full defence, you will, of course, be requiring to know exactly where the signs were (so you can determine whether any sign was visible from where the car was parked), and exactly what the signs said. Since they are no longer there, they could be struggling to do this. I don't suppose detailed record keeping is their strong point (not forgetting their propensity to falsify records when it suits).

Sam84 · 8 March 2016 at 5:52PM

I've got lots of reading to do! I will get back to this thread with my bullet points for critique.

I am filling her court defence out on line (moneyclaim.gov.uk) - do I tick the box which asks if I wish to contest jurisdiction?

The_Slithy_Tove · 8 March 2016 at 6:05PM

Sam84 wrote: »

I am filling her court defence out on line (moneyclaim.gov.uk) - do I tick the box which asks if I wish to contest jurisdiction?

No. That would be if, say, you lived in Scotland, or they were claiming for something that happened in Scotland.

UKPC County Court Claim

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