Ukcps court claim

Coupon-mad

The_Deep wrote: »

Yes coupon mad, I am aware that they do court, but for overstays, non payment, blue badge abuse, etc. Have they ever tried to take a landlord or tenant to court in an "own space" scenario? I know of none

Mr Gaskell was parked in a shopping complex car park and his case is totally irrelevant.

I will say it again until I am blue in the face. No in their right mind would ever take a person to court if that person had leasehold rights to park IN THEIR OWN SPACE, and their paper can be ignore with impunity.

This is a 'no permit' case and we have seen them taken to court - for example ostosix's case I linked above is 'no permit'. And I was reading it that JLMBEAR was 'just a tenant' (no ownership of the space, maybe no 'right' to any space as such) - also he has said his car was not in his own space because his parents car was in that space already and he was loading boxes into his car.

The_Deep

You are right CM, Mr Bear is a tenant, but his AST will almost certainly grant him rights under The Landlord and Tenant Act which counter any PPC nonsense.

You say ostosix was a permit case. I cannot find any evidence of that, he only made two posts and did not give much detail.

https://forums.moneysavingexpert.com/discussion/4901544

Coupon-mad

Yep but I have been helping him. It wasn't a residents car park though.

bazster

The point being missed here is that these companies don't file court claims in order to take people to court, they file court claims in order to intimidate people into paying. If they file a claim where they dare not take the matter to a hearing, and the "victim" puts up a fight, they can always drop the case - but the "victim" doesn't have that luxury, they have to defend the case on the assumption that it will go all the way.

Has this happened with UKCPS and a residential parking case? We have no way of knowing. If they are filing 900 claims per year, not more than a tiny fraction of them ever comes up on this forum.

The_Deep

I am not familiar with court procedures wrt parking invoices, but I understand that there is a facility to counterclaim against them.

Is it the case that if one lobs in a counterclaim, are they are unable to back out?

Hot_Bring

The_Deep wrote: »

I am not familiar with court procedures wrt parking invoices, but I understand that there is a facility to counterclaim against them.

Then could one politely suggest you stop suggesting / implying that people who have received a 'ticket' in a residents parking spot when they are indeed a tenant / owner should ignore as the PPC "would never dare do court" ?

bargepole

The_Deep wrote: »

I am not familiar with court procedures wrt parking invoices, but I understand that there is a facility to counterclaim against them.

Is it the case that if one lobs in a counterclaim, are they are unable to back out?

You can make a counterclaim, but would have to pay a fee to do so.


Your counterclaim would have to provide evidence of losses (actual or pre-estimated) incurred as a result of the PPC's actions, which in practice would be difficult to establish and unlikely to succeed. You would be in a similar or worse position than the PPC trying to claim their 'losses', and would have wasted the court fee.


As suggested above, unless you are completely familiar with small claims procedures in county courts, please do not try and give advice on here.

The_Deep

No advice has been tendered. I am aware that there is a fee, I am also aware that I would need to prove my losses, and you have not answered my question.

WRT familiarity with CC procedure, five appearance, four as claimant, one as appellant, all went my way.

bazster

So we've moved from "tough it out by ignoring" to "if you get a claim against you, counterclaim to make absolutely certain it goes to court".

That's quite a leap.

The_Deep

Is it too much for you to take it Mr B? Perhaps you would be more comfortable if I dumbed down my posts?