Ukcps court claim

Hot_Bring

The_Deep wrote: »

Just carry on slagging off a landlord trying to educate other landlords and their tenants in their statutory rights. To hell with the principle, lets go for another win at POPLA.

As well as your desire for other people to fight your battle for you the problem with your idea of getting it to court is that small claims sets no precedence.

So I'll ask you a direct question - what do you hope to achieve by someone ( but not you ) going to court to fight one of these tickets issued in a residents parking area ? All it really achieves is a lot of hassle, stress, uncertainty and risk for the person following your advice.

Now, if you wish to purchase a property that has permit parking and then get a ticket yourself for YOU to go to court then feel free.

bazster

Hot_Bring wrote: »

Yes there was :

"I will maintain until I am blue in the face. No PPC 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 therefore be ignore with impunity."

Which is quite possibly the worst advice I ever saw on this forum, given that the OP already has a court claim filed against him. Ignoring "their paper" would result in the absolute certainty of a default judgment being entered against him.

The_Deep

So I'll ask you a direct question - what do you hope to achieve by someone ... going to court to fight one of these tickets issued in a residents parking area

I do not think that any PPC will ever take someone to court for an "own space" invoice. Rather, I am hoping that someone will take the PPC to court as did Roger Davies.

Redx

The_Deep wrote: »

as jesus once pointed out correctly , remove the plank from your own eye before dealing with the splinter in somebody else`s" t effect)

It was Matthew, (as clearly stated in your quote). But never mind, as long as you help the overstayers. the blue badge bludgers, and the P&D dodgers to get off scot free when they abuse the property rights of others, accuracy is of little importance.

Just carry on slagging off a landlord trying to educate other landlords and their tenants in their statutory rights. To hell with the principle, lets go for another win at POPLA.

ahhh , diddums , dont be so sensitive!! lol, (or pedantic)

JLMBEAR

Hi all,
Thanks for the advice.
I have my mediation Thursday, but dont have much hope.
I will point out that I was loading up as I was moving out, and that I had to park in the nearest bay to the doors, and that I was on the top floor so had to lock the car between trips, and also that I had to leave any permits in the property.
The usual ukcps signage doesnt mention loading or unloading at all.
I will write to the judge to ask for the case to be referred to popla, but when does the case get assgined to my local court ? Havent received anything yet
Thanks

Coupon-mad

If you read the links in post #5 of the NEWBIES thread it includes a summary by bargepole about what happens when. Directions Questionnaire N180 directs it locally so then you ask for POPLA instead as per another link in the same part of the sticky thread showing you the letter to send. Seems strange you have been allocated mediation though, I thought this was a mediator from the local court so ask them when they are on the phone?!

TBH I would not start talking about 'what happened' in a phone mediation. I would suggest it should be over in 5 minutes and will not resolve anything:

- UKCPS - we want £silly money'.

- You 'NOPE, see you in court'.

- UKCPS - (might try something like) 'You were the driver so you are liable...' or 'surely YOU saw the signs'?

- You - 'I am the registered keeper. The driver has not been identified so don't suggest otherwise. You have to prove I am liable under POFA 2012 and I am not'.

- Mediator - 'so you are not going to offer any payment, Mr JLMBEAR?'.

- You - 'Nope I am not liable, the car was not 'parked' and the occupants were merely loading. UKCPS signs do not preclude this and their charge is not a contractual fee nor a genuine pre-estimate of loss. There is no middle ground. The only suitable ADR would be Parking on Private Land Appeals which would have 100% prospects of success in resolving this dispute one way or the other so please report this back to the Judge - plus the fact I do agree to be bound by the decision of a POPLA adjudicator, and UKCPS are bound by it anyway. '

- UKPCS - 'it's too late for POPLA'.

- You - 'No it isn't. POPLA imposes no deadline on an operator issuing a POPLA code. Also a UKCPS case has previously been stayed by a Judge for POPLA instead so it is perfectly possible to spare the court's time, for such a Direction to be made.'

BTW have you not implied who was driving so far? Hope not but DO NOT drop that info into mediation!! Do NOT talk about who parked and what happened!

And have you compared notes with ostosix who has a court case coming up v UKCPS. I linked his thread earlier for you, in post #8, especially so you could pm him and make robust efforts to have the same sort of strong skeleton arguments and exhibits (evidence) to base your defence on at your hearings.

Read post #5 of the NEWBIES thread, that's what it's there for, people like you and ostosix who is well ahead with his research and exhibits. You need to be proactive, not wait to see what happens next - ostosix is fairly confident about his case, you don't appear to have gone into yours with a fine tooth comb like he has.

Coupon-mad

How did you get on? Also I found a letter someone else send to their local court asking for POPLA instead, worth a try:


FTAO: District Judge xxxxxxx and/or the Court Manager

Claim number: 3xxxxxxx

Dear Sir/Madam,

I am the Defendant in a hearing listed in your court for the xx July and a private parking firm, UKCPS, is the claimant.

I have shown I am willing to enter mediation but the standard court mediation has failed to resolve the dispute. The bespoke ADR for the private parking industry is Parking on Private Land Appeals (POPLA), who impose no time limit on a Parking firm issuing a verification code to enable an appeal to be heard.

If you decide to issue a Direction for POPLA instead and vacate/adjourn the hearing, I agree to abide by the POPLA decision. As a private parking firm in the BPA Approved Operator Scheme, UKCPS have to abide by a POPLA Adjudication too. I am keen to resolve the matter outside of any hearing to spare the courts time and mitigate costs for all involved. I stated as much to the mediator today.

POPLA is the most suitable ADR and I hope that the matter can be resolved using this independent Adjudicator, which I was denied by the unclear wording of the Notice the Claimant sent to me. The Notice suggested that the time to appeal had 'elapsed' when it had not, so I was never able to appeal at the time when that opportunity should have been afforded to me.

POPLA also has 100% prospects of success as an ADR because an adjudication is made either way, in every case. A UKCPS case has previously been referred to POPLA by a Judge; I believe this is the case that UKCPS refer to as 'adjourned' in their case summary witness statement. So if needed, they can supply the case number and name to the court and confirm that what I am saying is true. I look forward to receiving the further directions of the Court in this matter.

Yours faithfully

Coupon-mad

Please tell us you didn't just pay up when the mediator and UKCPS pushed you into a corner?

Two defendants this week just beat UKCPS on signage and one didn't even have to speak, the Judge kicked the signs out as 'gibberish':

Two cases lost by UKCPS in one week, July 2014!

A0QZ7658 UKCPS v Mr X (04/07/2014 Bradford)
http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules.html

2/7/14 case number not yet known:
https://forums.moneysavingexpert.com/discussion/5010394

Both lost by UKCPS on signage. LOLOLOLOLOLOL! Tough luck, Stephen Hall of UKCPS!