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    • IndigoMondayToyota
    • By IndigoMondayToyota 29th May 16, 8:31 PM
    • 51Posts
    • 30Thanks
    UKPC - County Court Claim Defence and Process
    • #1
    • 29th May 16, 8:31 PM
    UKPC - County Court Claim Defence and Process 29th May 16 at 8:31 PM
    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!

    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!
Page 6
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 7:06 PM
    • 39,361 Posts
    • 50,979 Thanks

    With reference to 38.3 (1) (b), and 38.3 (2), the Claimant must serve a copy of the discontinuance to every other party of the proceedings.

    As they've failed to do this (and no, they haven't sent me an email as I have never given this to them), would it have been SCS Law/UKPC or the court that should've issued this by post?
    Originally posted by IndigoMondayToyota
    Yes, the solicitors should have served notice of discontinuance. Personally I would want an email from the court to confirm, not a phone call, then send that email to SCS Law and ask why they didn't advise you that this matter was discontinued, as you have wasted time on this matter and are minded to report them to the SRA for their calculated misleading conduct throughout.

    Oh, and please join our campaign (in writing, letters by snail mail) telling your MP and Mrs May what you have been through here:

    You have escaped it at last but look what you have been through, how your life was overrun by these rats. Explain why this industry and their robo-claim solicitors and their new 'credit clamping' threat to consumers (months and years after an unfair PCN was issued and with no cause of action) is ten times worse than car clamping ever was. Think how many people are paying up.
    Last edited by Coupon-mad; 11-10-2016 at 7:10 PM.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • IndigoMondayToyota
    • By IndigoMondayToyota 11th Oct 16, 7:29 PM
    • 51 Posts
    • 30 Thanks
    Thanks CM. That's really helpful.

    I'll send the court an email tomorrow.
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