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  • FIRST POST
    • Cuemel
    • By Cuemel 13th Jun 17, 8:16 PM
    • 3Posts
    • 0Thanks
    Cuemel
    UKCPS Charge & County court claim form
    • #1
    • 13th Jun 17, 8:16 PM
    UKCPS Charge & County court claim form 13th Jun 17 at 8:16 PM
    Hi,

    I've had a good read through the newbie post on this but could do with a bit of clarification please.

    I had a parking charge issued on 6th Feb (I'm surprised it was that long ago) and I meant to send one of your letters off to appeal / request proof / suggest they cancel it, but life is busy, I put it aside and I completely forgot

    On Friday I received a claim form from 'County Court Business centre' and now I'm wondering if I've missed the 'appeal to UKCPS' stage? What's my best course of action here?

    I had a similar scenario with a different company a couple of years ago where I used one of your templates to respond, they continued to send letters and what seemed to be fake debt collectors and court claim forms, which eventually just stopped, but this one looks a little more legit.

    Thanks in advance.

    Michelle
Page 1
    • Coupon-mad
    • By Coupon-mad 13th Jun 17, 8:32 PM
    • 50,696 Posts
    • 64,105 Thanks
    Coupon-mad
    • #2
    • 13th Jun 17, 8:32 PM
    • #2
    • 13th Jun 17, 8:32 PM
    On Friday I received a claim form from 'County Court Business centre' and now I'm wondering if I've missed the 'appeal to UKCPS' stage?
    You have missed appeal stage and are now being sued, how delightful of them. That will not be fake if it has a claim number.

    So read post #2 of the NEWBIES thread about how to defend and win.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Cuemel
    • By Cuemel 9th Jul 17, 9:36 PM
    • 3 Posts
    • 0 Thanks
    Cuemel
    • #3
    • 9th Jul 17, 9:36 PM
    • #3
    • 9th Jul 17, 9:36 PM
    Hi,

    Thanks for your response, I've been putting together the defence but I fear I may have too small an argument - can you offer any pointers on what I can add to make it stronger, or what other arguments I can use, or where I should be posting this (if this isn't the correct place)

    Thank you in advance.

    Michelle


    'It is acknowledged that the defendant, <<NAME>>, residing at <<ADDRESS>> is the registered keeper of the vehicle.

    It is denied that any "parking charges" as stated on the Particulars of claim are owed and any debt is denied in it's entirety. The date of the alleged incident is 06/02/2017 as per the particulars of claim.

    Failure to reply to the claimant’s communication on several occasions was due to the fact that the correspondent’s letters were not of a professional standard and were therefore deemed to be fraudulent. The ‘Payment / Driver Identification Form’ contains blurred images and poor print quality, far removed from that of an official document.

    The claimant is yet to provide proof that the defendant was parked in a bay which was not permitted, in accordance with the shared parking area.

    It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event. The signs were insufficient in terms of their distribution and wording hence incapable of binding the driver.
    a) Sporadic and illegible (charge not prominent nor large lettering) site/entrance signage - breach of the BPA Code of Practice and no contract formed to pay any clearly stated sum.
    b) No promise was made by the driver that could constitute consideration because there was no offer known nor accepted. No consideration flowed from the Claimant.
    c) Absent the elements of a contract, there can be no breach of contract.

    I believe the facts contained in this Defence Statement are true.'
    • Coupon-mad
    • By Coupon-mad 9th Jul 17, 9:38 PM
    • 50,696 Posts
    • 64,105 Thanks
    Coupon-mad
    • #4
    • 9th Jul 17, 9:38 PM
    • #4
    • 9th Jul 17, 9:38 PM
    You are possibly too late, surely? You had a claim form dated when, first week in June? Did you do the AOS online?

    You just needed to read other defences...you were pointed to the NEWBIES thread and none there look as short as that.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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