Help against UKCPS

Shaunjamesbroad

Hi everyone and thanks for taking the time to read my thread!

Any advise is appriciated!

Ok so here we go... I parked in a disabled bay at my gyms private car park, stupid i know, im not dissabled, it was late at nite and the car park was pretty empty! Once again i know stupid!

I have received many letters from ukcps about a fine going from £50 or so to £100+ and now threataning things like court action...

Everything went quiet for a while until this morning when i received a "notice of transfer of proceedings" and this is what it says...

"This claim has been transferred to the bellow county court for allocation. On receipt, the file will be reffered to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's dirsctions will be sent to you in a notice of allocation. If you would like any further information you can contact the local court directly but please await the judges directions"

Any thoughts guys?

Once again, thank you for any help and for reading this!

Coupon-mad

Sounds real but very defendable even if you were in a disabled bay (but please never never park there!).

Ring the Court right now, if this has scome from Northampton Court and not from UKCPS. Ask them if this is a genuine small claim and ask why you haven't received such a claim (i.e. Particulars of Claim) at all.

Tell them you did not apply to reallocate the hearing to your local court - so who did?! Is it your local court on that reallocation letter?

And tell them you wish to defend it in full but have not received any details to allow you to acknowledge the claim - this was the first letter about it. Ask the court clerk how you can now quickly respond to acknowledge this 'claim' and lodge the fact you will be defending it.

OR is that letter actually from UKCPS??

By the way your main defence will probably revolve around the fact this is an unenfoceable penalty, as I suggested in this similar pepipoo thread where I post as SchoolRunMum:

http://forums.pepipoo.com/index.php?showtopic=79937&st=40&start=40

As you can see, one of the cases I quoted is one UKCPS lost last year for the same issue as yours. The judge found their charge to be a 'penalty' and therefore unenforceable - but it is up to you to show that clearly in your defence so the judge finds in your favour, hence all the cases & OFT quotes I gave to that other poster. Have a closer look at aspects of defence of this rubbish claim, once you have acknowledged the claim (must be done quickly or UKCPS get a default win against you for not responding).

Shaunjamesbroad

This isnt the first letter i have had though, theres been a few, the last one was a "claim form" for northampton county court? Im not very clued up legally at all i havent got a clue what to do lol weather to ignore it or ring up and try settle?

spacey2012

Do you have a hearing or case number for these court papers and have you telephoned said court to see if they are real.
This could be hogwash if they are not letters sent directly from the court.

Shaunjamesbroad

I have a claim number and a claim reference apparently? I will post a picture of the first page of the "court letters" see what you think guys! Thank you

Coupon-mad

Shaunjamesbroad wrote: »

This isnt the first letter i have had though, theres been a few, the last one was a "claim form" for northampton county court? Im not very clued up legally at all i havent got a clue what to do lol weather to ignore it or ring up and try settle?

LOL???

You actually had a claim form and ignored it? MAD. This isn't funny and I have already told you what to do to avoid a default win for the scammers. None of my advice above said 'ignore it nor ring up and settle' did it? If you are not careful you'll lose so start reading replies properly and ACKNOWLEDGE the flippin' claim.

Shaunjamesbroad

It has been re located to my local county court yes

spacey2012

I would post them all, wont make any difference to the outcome.

Coupon-mad

Shaunjamesbroad wrote: »

It has been re located to my local county court yes

So do as advised and do it right now. Acknowledge the claim (the one you ignored) and tick the box to say you will defend in full.

I have given you a fair amount to use in your defence already (on the pepipoo link) but you don't need to submit that yet. You DO need to respond now before you lose by default for ignoring it.

For goodness' sake DO NOT phone up UKCPS and offer to settle it unless you really enjoy being scammed.

Shaunjamesbroad

What do you mean by post them all?...ignore them?

spacey2012

Are you Trolling us ?