Please help with UKCPS and Court Proceedings LTD

give_them_FA

Very interesting read.

The halfwit Hasbeen had originally sued the husband as being the registered keeper of the car (without having any information as to who was driving) and therefore got the big heave-ho on the grounds he hadn't established who had parked it.

He then tried his luck with the wife. This ended up even worse for him. It was held that the amount he was trying to claim was a penalty and therefore unenforceable. End of his case.

That is a far worse result for him, because the judge therefore kicked out the entire basis of his claim, regardless as to who the driver was.

That must surely cast extreme doubt on what his wisdom has been in pursuing his little spate of claims. In the long run I think he would have been far wiser to have done what most of the cleverer companies do, and avoid court for these reasons. But I have never seen Peter accused of being wise.

Now all that remains for him is to appeal it until it gets to a court of record and the entire edifice collapses around his, and everyone else's, heads. But no, he isn't THAT stupid and we won't be THAT lucky.

Just an aside but I find the threads on pepidoo VERY difficult to read, the format isn't as good as here.

Crabman

UKCPS v Murphy, Nelson County Court

£100 ticket for parking in a disabled bay without a blue badge at Deepdale Retail Park, Preston.

• £100 not a genuine reflection of actual loss.
• Deemed an contractual penalty charge
• Shown to be a penalty because numerous free spaces were available - no reasonable person would park for £100 when they didn't have to.

Sir_Roger_deLodger

give_them_FA wrote: »

Just an aside but I find the threads on pepidoo VERY difficult to read, the format isn't as good as here.

Try clicking on "options" [top right] and switching the display mode to "standard".

gvazquez

few month back apparently I got a ticket for parking a disabled bay, which I had no acknowledgement of as I didnt receive a ticket on the car, until a month after when I received a letter saying that I hadn't payed so it was £100, I have recently received two letters which i was advised to ignore threating court action.

Today I have received a court action letter saying if I dont pay £177 im going to court, the court form is from Northampton county court, but no official stamp, has anyone got advice as this letter has got me really worried

thank you G

kizkiz

gvazquez wrote: »

few month back apparently I got a ticket for parking a disabled bay, which I had no acknowledgement of as I didnt receive a ticket on the car, until a month after when I received a letter saying that I hadn't payed so it was £100, I have recently received two letters which i was advised to ignore threating court action.

Today I have received a court action letter saying if I dont pay £177 im going to court, the court form is from Northampton county court, but no official stamp, has anyone got advice as this letter has got me really worried

thank you G

Start a thread of your own on here.
If it says you will go to court if you don't pay, then i imagine it is just anotherempty threat, especially given the lack of court stamp

gvazquez

I got a court letter from Money Claim online, it has northampton county court on it, should i be worried?

esmerobbo

gvazquez wrote: »

few month back apparently I got a ticket for parking a disabled bay, which I had no acknowledgement of as I didnt receive a ticket on the car, until a month after when I received a letter saying that I hadn't payed so it was £100, I have recently received two letters which i was advised to ignore threating court action.

Today I have received a court action letter saying if I dont pay £177 im going to court, the court form is from Northampton county court, but no official stamp, has anyone got advice as this letter has got me really worried

thank you G

Is this off UKCPS? That's normally a CEL tactic!

When you say it does not have an official stamp do you mean its printed on rather then stamped?

vax2002

gvazquez wrote: »

I got a court letter from Money Claim online, it has northampton county court on it, should i be worried?

Post your "case number" it is on the form

give_them_FA

gvazquez wrote: »

I got a court letter from Money Claim online, it has northampton county court on it, should i be worried?

Let's take anything that LOOKS like a court claim seriously.

If it is genuine then we need to deal with it.

If it is a fake then it needs to go to your local Trading Standards with a complaint of breach of S.40 Administration of Justice Act 1970, plus there are breaches of two sections of the County Courts Act 1984.

Now then: Does it have a Case Number printed in the top right hand corner of the claim form?

James_N

give_them_FA wrote: »

Let's take anything that LOOKS like a court claim seriously.

If it is genuine then we need to deal with it.

If it is a fake then it needs to go to your local Trading Standards with a complaint of breach of S.40 Administration of Justice Act 1970, plus there are breaches of two sections of the County Courts Act 1984.

Now then: Does it have a Case Number printed in the top right hand corner of the claim form?

If I may, let's amplify this a bit.
It's very easy to get papers from a court to BEGIN the process of taking another party to Small Claims. But unless you actually FILE the papers with the court (and get the proper stamp and case number referred to above) then it's just a piece of paper. This is fairly common practice - it's called "putting the frighteners on" and is designed to intimidate the less-knowledgeable.
Technically, it's "an offence" to pretend you have filed for action when you haven't really. Also, technically, it's best practice to send your "debtor" a "Notice before Action", to let them know you intend to take them to court - 14 day's notice is the minimum notice, usually.
So, you need to answer the question: are these court papers that have been filed (not just prepared)? If it's not clear, ring the relevant court directly - not the person chasing you for money.