UKCPS County Court Form - We are going to pay - advice please

butchx5

Thanks CouponMad

I have added this in a new Point:

4. Non-Compliance with Schedule 4 of the Protection of Freedoms Act 2012. UKCPS Ltd is requiring payment from me as the Registered Keeper under Schedule 4 of the Protection of Freedoms Act 2012. I say they have not met all the conditions imposed by this Act and so there is no obligation or liability on me at all.

Are we safe/ready to go now do you think?

bod1467

You may need to point to evidence as to WHY they were non-compliant.

butchx5

bod1467 - Do I need to add that in at this stage? I was going to leave the detail until the more detailed defense later and once I have copies of the relevant paperwork, etc

bod1467

I don't know - I was just highlighting that C-m had already provided the reasoning.

butchx5

Ok - back on the 18/19 November I emailed my son's defence to the court as well as posting it. I also posted the complaint letter to the landowner and copied to UKCPS Ltd and got proof of postage for them all :-)

Next stage: Son has now received the N149A- Notice of Proposed Allocation to the Small Claims Track confirming the claim is now defended and the request to complete the N180 - Small Claims Directions Questionnaire. So dealing with each point:

A1
I feel son should tick YES to agree to being referred to the Small Claims Mediation Service - as a sign of wishing to resolve this without going to court.

Only trouble is son cannot take the call at work so would only be available to receive said phone call on a Wednesday - can we state this on the form and will they comply?

Also what would the call actually entail as this will be his first 'live' situation of handling the situation and if we don't know when they will call in advance I may not be around for back up.

I would appreciate thoughts on this

C
Do we tick NO to this .. then state we feel the case is suitable to be dealt with by POPLA initially

or is it too late for that now?

D1
Lincoln County Court is our nearest

Any reasons for not choosing this County Court?

D2
Expert Evidence ??? Don't think we have any expert evidence - or do past trial transcripts, etc count as this?

D3
Witnesses - just 1 - my son

As I will attend any court hearing with my son to support him - do I count as a witness or do I just turn up ad hoc?

D4
Hearing
Will check dates and include if there are any

Is this all that needs to be done at this point?

Thanks again for your ongoing help :kisses::kisses:

bazster

A1: it's only worth going to mediation if you are willing to haggle. If your plan is to pay nothing then there is no point in mediation.

C: Is only asking what kind of court you believe is appropriate, it's got nothing to do with PoPLA. The answer is "yes", the small claims track is appropriate.

D1: Yes, choose your nearest

D2: unlikely

D3: Unless you have evidence to give you are not a witness, you will be either a McKenzie Friend or a lay representative. Just turn up and have your son explain to the judge why you are there.


Don't do what some dumbos do and pay the court fee, that is for the other side to pay!

butchx5

Thanks for the prompt reply bazster.

Now that son has decided to defend and feels strongly that as he has health issues and is allowed to park in a disabled bay in a private car park AND its a free car park he has no intention of paying anything now (originally we had considered making a goodwill gesture of £lesser) so going to mediation was really to give UKCPS Ltd the option to retract the claim prior to going to court now they have the full facts in front of them and so showing goodwill and an effort to avoid court time and costs, etc - a few brownie points for the judge perhaps??

Is this really not worth considering?

Everything is is as we thought - thanks :-)

Half_way

Mediation probably wont get anywhere, however the fact that youve tried could be useful.
just remember that you owe then nothing, zero. and that is the maximum you will pay.

It may also be worth dragging the car park owner into this sorry mess, and possibly counter claiming/claiming your costs against them. let them know whats happening give them the opportunity to stop this now, and remind them that they are liable for the actions of their agents (UKCPS)

butchx5

Half_way we have involved the landowners but haven't had a response back from them yet.

Also just noticed that we have to 'serve copies on all other parties' - what does this mean? Post a copy of the N180 to UKCPS Ltd and the County Court Business Centre - anyone else?

Coupon-mad

Next stage: Son has now received the N149A- Notice of Proposed Allocation to the Small Claims Track confirming the claim is now defended and the request to complete the N180 - Small Claims Directions Questionnaire. So dealing with each point:

But this is already covered in the NEWBIES thread post #5 in the very first hyperlink, to bargepole's advice about this stage. Tells you everything right down to which boxes to tick.

butchx5 wrote: »

Also just noticed that we have to 'serve copies on all other parties' - what does this mean? Post a copy of the N180 to UKCPS Ltd and the County Court Business Centre - anyone else?

This is covered by bargepole too in the same link, I am sure. Post #5 of the newbies thread. You should revisit the links at each stage.