Lost POPLA appeal (UKCPS) - advice needed

The_Deep

I know that it is a bit late in the day, but what does the landlord say about all this, has he/she been brought in.

In view of the reply from the MA, the landlord does pay the service charges and has the right to tell the MA that he does not approve of the PPC's tactics. The function of a PPC is to assist leaseholders and tenants, not harass them.

ezerscrooge

A similar court case is shown on Pranksters blog - a case which he helped someone win. Well worth a read for you me thinks, and one that you can certainly point a judge towards...

http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules.html

Coupon-mad

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;
Answer - It is denied that any amount is owed to UKCPS. The claim will be defended in full. You are already aware of the basis of my representations to yourselves and appeal to POPLA which was honestly presented in the hope you would be reasonable. I have learnt otherwise and I will include a far more robust response if you proceed to court (some might call it a forum scam defence, Mr Hall...I would disagree, as did the Judges recently).

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);
Not at present but I reserve the right to take any lawful action to which I am entitled and to include your client as jointly and severally liable, since UKCPS is an agent, not the landowner.

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; UKCPS is wholly to blame, due to old and inadequate signage, failure of the ticketer to mitigate your loss and failure to pay regard to the Equality Act 2010. Further, there was/is a complete lack of information about the provision for permits for tenants to unload belongings on arrival. You are also not the landowner and your charge is neither a contractual fee nor a genuine pre-estimate of loss relating to any alleged breach of terms - which is denied, on the basis that the terms about unloading were not communicated and no permits for new residents were made available. Your client has confirmed in writing that such a permit could have been made available and yet your operative watched me unload luggage but failed to mention such a permit. Nor is this provision to enable unloading mentioned on any signage, on noticeboards or otherwise so there was no breach of terms.

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);
None appropriate as there is no middle ground and the claim will be fully defended and liability denied. The POPLA decision is not binding and was based on my mitigating circumstances. I wrote about the incident in good faith and now realise that UKCPS of course, did not communicate clearly to me that in fact POPLA would not uphold any mitigation appeal, despite the fact you know this and I did not. So it was a wasted resource and not relevant now, moving forward.

5) list the essential documents on which the defendent intends to rely;
You will be supplied with those if you commence proceedings since at present I have no particulars or claim to respond to, as defendAnt.

6) enclose copies of documents requested by the claimant, or explain why they will not be provided;
You have not requested any documents but my defence and exhibits will be provided if you should commence proceedings.

7) identify and ask for copies of any further relevant documents, not in the defendant's possession and which the defendant wishes to see.
I wish to know the date UKPCS started to enforce PCNs at this site. Also I require a copy of the unredacted contract you have with the landowner for this site (not a witness statement or site agreement with a managing agent only). Further, I require to see or to be advised of the dates/details on the signage 'statement of works' that you have agreed with the BPA Ltd as regards when these signs are due to be changed for the current BPA Code of Practice version (seeing as the old version of signage is on site). And any evidence you purport to have which shows how residents are/were individually informed about the ability to obtain a permit to unload, without penalty, since this is a misleading omission on your signs.
I require this information within 21 days.

big_boss

That's brilliant coupon-mad! Should I also include the court case examples you mentioned before in 1)?

Coupon-mad

I don't think you need to include court case examples again now, but if it goes to a hearing they will form part of your 'exhibits' (evidence). I would make this a simple response to their letter. Write it as a formal letter with address top right, heading, 'Dear Mr Hall' at the start and 'yours sincerely' at the end (shows you know who he is!).

3 cases (at least those we know about) recently have been lost by UKCPS on signage because they still have those old blue/white signs up so it's good you have a picture. Also you have the added info that the client has confirmed a permit could have been supplied yet this was never communicated in any way shape or form so that will also be in your defence along with the usual stuff (no GPEOL, it's a penalty, they have no standing, etc).

big_boss

I haven't included court case examples in my letter to them yet. I only asked for 30 days. So, should I include or not? Thanks for your help so far!

Coupon-mad

I still don't think you need court cases examples at this stage. Their letter is a fishing exercise to find out if you are:

a scared and will just pay up
b planning on defending it weakly (relying on mitigation not contract law) or
c now au fait with 'forum scam defences'(!) and a tougher cookie than they had thought!

big_boss

By 21 days, does it mean 21 working days, or are weekends included? Not received any response from them yet...

Umkomaas

21 days for what? Who's set that timescale?

big_boss

Check the letter I wrote to them (Coupon mad's post #64 above).