Lost POPLA appeal (UKCPS) - advice needed

arabesque_101

I also think it is worthwhile adding somewhere in your response to UKCPS:

Note that I expect answers to each of the questions I have asked (including how UKCPS have calculated it's pre-estimate of loss) in order for me to decide if and how I will defend any future court claim. Should UKCPS later issue a County Court Claim against me without firstly providing the particulars I have requested, then in the event that I lose the case, I will seek a costs order against UKCPS on the basis that if UKCPS had provided the particulars earlier, I may very well have settled before the case.

If anyone with experience of the claimaint refusing to provide particulars thinks there is no point in adding this wording, please also say so.

HO87

arabesque_101 wrote: »

I also think it is worthwhile adding somewhere in your response to UKCPS:

Note that I expect answers to each of the questions I have asked (including how UKCPS have calculated it's pre-estimate of loss) in order for me to decide if and how I will defend any future court claim. Should UKCPS later issue a County Court Claim against me without firstly providing the particulars I have requested, then in the event that I lose the case, I will seek a costs order against UKCPS on the basis that if UKCPS had provided the particulars earlier, I may very well have settled before the case.

If anyone with experience of the claimaint refusing to provide particulars thinks there is no point in adding this wording, please also say so.

This assumes that any proceedings that UKCPS issue will allege a breach of contract. However, it would be reasonable to assume, based on the signage, that they are more likely to pursue an unpaid contractual charge. Rather than trying to second guess them it would be better to simply put them to strict proof - which at this stage is somewhat pointless. If and when they allege a breach of contract a Part 18 request prior to allocation could deal with the basis of the charge and whether it is or isn't a GPEOL.

arabesque_101

HO87 wrote: »

If and when they allege a breach of contract a Part 18 request prior to allocation could deal with the basis of the charge and whether it is or isn't a GPEOL.

That makes sense, thanks. So leave that till later.

4consumerrights

Hi Big Boss

have sent you a couple of pms

sorry was unaware that you had a formal LBCC as do not post as often now on forum due to business.

In this case would add to your letter



Dear Sirs

UKCPS –v- XXX
Proposed County Court Proceedings

I refer to the Letter Before County Court Claim served on behalf of your company on 2 June 2014, received on 6 June 2014, and to subsequent correspondence on 16 June 2014, received on 20 June 2014 .

I am now seeking advice with regard to compiling my formal response as required by the Practice Direction and confirm that I will provide this document within 30 days of the date of this letter.

I take this opportunity to remind you that your company must comply with ALL steps in the Practice Direction BEFORE starting court proceedings. I also refer you to Para 4 of the Practice Direction on non-compliance and sanctions.

Please note that any legal action will be vigorously defended and at this stage you will need to provide details on the nature on your charges as prescribed in the BPA Code of Practice.

A full unredacted contract will also be required which demonstrates that UKCPS has the legal standing to pursue any alleged unpaid parking charges, as a creditor through the courts in their own right. This contract must demonstrate that UKCPS has the relevant locus standi which can over-ride any tenant's or leasehold owners rights to their parking at the premises.



Yours faithfully

big_boss

Thanks for your responses so far! Here's what UKCPS have sent. They referred it as parking charge.

https://lh5.googleusercontent.com/-tVM3tqxYk1s/U7wUv1NYJKI/AAAAAAAAVO4/BGBLMLMAYSU/w477-h608-no/UKCPS1.jpg
https://lh6.googleusercontent.com/-zRMjJ7CDmWY/U7wUwSi62BI/AAAAAAAAVO8/J-9QJ_1nQGM/w472-h608-no/UKCPS2.jpg
https://lh3.googleusercontent.com/-2IEIT4QkZUw/U7wUwk_ZoSI/AAAAAAAAVPA/HKgl1gooe6A/w505-h608-no/UKCPS3.jpg

Please suggest response to their letter in the format they've mentioned in the last page. Thanks!

big_boss

So, they want the response in the following format:

1) give reasons why the claim is not accepted, identifying which facts and which parts of the claim (if any) are accepted and which are disputed, and the basis of that dispute;

2) state whether the defendent intends to make a counterclaim against the claimant (and, if so, provide information equivalent to a claimant's letter before claim);

3) state whether the defendent alleges that the claimant was wholly or partly to blame for the problem that led to the dispute and, if so, summarise the facts relied on;

4) state whether the defendent agrees to the claimant's proposals for ADR and if not, state why not and suggest an alternative form of ADR (or state why none is considered appropriate);

5) list the essential documents on which the defendent intends to rely;

6) enclose copies of documents requented by the claimant, or explain why they will not be provided; and

7) identify and ask for copies of any further relevant documents, not in the defendant's possession and which the defendant wishes to see.

Half_way

What has the landowner said in all of this?
If coupon mad is about maybe she could look at it with an eye on the equalities act, and if there is an Equalities act side to this then the landowner must call off their agents, otherwise the landowner could be liable for a breach of the equalities act as a result of their agents actions.

big_boss

They have refused to help. I even emailed the Associate Director, and this is what he said:

I am not really the person to whom your query should be addressed, however I am familiar with the property, and on that basis I would comment as follows:

Your sister rents the apartment, she is not the owner (leaseholder), therefore the rent she pays does not make any direct contribution to the upkeep of the building. Your sister does not pay service charge.

The purpose of the parking control is to ensure that all persons comply, not just non-residents. Having said this, as the car was yours and not your sister’s then it does of course belong to a non-resident in any event.

It is possible to obtain a permit to allow a short period of time to make deliveries or drop off belongings. Your sister should really have made enquiries of her letting agent in this regard, or her landlord, who in turn could have made enquiries through ourselves as to whether a permit to park could be issued.

I appreciate that you were pregnant at the time of this incident however, I do not believe that any legislation relating to your welfare is applicable here. The belongings were those of your sister. You were not obliged to assist her by carrying anything that would jeopardise your health. Had you chosen to stay with your car whilst others moved the goods, then it is unlikely that you would have received a ticket as you would have been able to move the car at a moment’s notice.

Unfortunately I cannot assist you in revoking your parking ticket, because of the points raised above.

big_boss

In the tenancy agreement, the provision for permit for the purpose of dropping off belongings has not been mentioned, nor has it been mentioned in the communal area.

Half_way

As mentioned it may be best to wait for coupon mad to intervene, with a few choice words for the landowner ( if an EA issue exists )

If this was challenged at popla using the advice on here then the thing would have been cancelled.....

which brings up this hypothetical scenario - If the Same thing happened again, and the ticket was successfully challenged at POLA then couldnt that be used in this case?.

The whole poppla thing is a farce, if motorist A breaks the PPCs rules in the same way as motorist B, however 'A' goes to POLA on mitigation and loses, 'B' goes to POPLA on the tried and tested methods outlined here and wins then if things were as they should be all tickets/charges made and paid in that car park/area for the same thing should then also be invalid with those who paid up getting a refund from the landowner/car park owner as a result of their agents actions.