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HELP!!! UKCPS Court bundle received - SHOCK included - please read post

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13

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  • butchx5
    butchx5 Posts: 67 Forumite
    Mark the Shark - sorry for not replying I missed your question.

    Son did not appeal - (we both) ignored everything under the wrong advice until the county Court form was received - we then followed advice on here about how to proceed from there.

    Son did originally turn down mediation on court form but recontacted the court suggesting mediation as he ahd originally turned it down as his work is not a suitable environment to receive a mediation telephone call BUT that if the call could be made after work hours or on his day off he would be willing to go or mediation - the court confirmed receipt of this offer but UKCPS did not take the mediation offer forward.

    We do not have a solicitor.

    THe County Claim form was signed for UKCPS by P Haswell

    The Judges bundle has been signed for UKCPS by Stephen Hall


    Is that the info you need?
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Have they added anything for "solicitors" costs on the forms ?
    Also this is them admitting on their website that disabled bays have no standing on private land, you might want to screen grab it quickly.
    http://www.ukcps.net/data/mobilise.php
    I do Contracts, all day every day.
  • butchx5
    butchx5 Posts: 67 Forumite
    Ok - I am running around like a headless chicken - well I'm not as I can't BUT my head is totally spinning and my autonomic dysfunction situation is spiralling out of control - I need to calm down.

    So - I NEED to get the defence sorted - I thought I had done this - it turns out I hadn't done enough :-( so can you all help me now please - sorry its so last minute.

    I'll take things one step at a time.

    This is first point of defence:

    1. Lack of standing/authority from landowner. The Claimant is not the landowner of the car park, and has no proprietary interest in it. This means that the Claimant, as a matter of law, has no locus standi to litigate in their name. Any consideration is provided by the landholder, and only they can sue for damages or trespass.

    Ok - so now I have the UKCPS contract - so can I still use the above or as there IS a contract is this now null and void.

    Here is the link to the contract: https://www.dropbox.com/s/abhl6fdrzsbv3h2/UKCPS%20Contract%20with%20COOP.pdf?dl=0
  • Cygnus_Alpha
    Cygnus_Alpha Posts: 191 Forumite
    To butchx5. Best advice I can give you is to remain calm and don't let them rattle you. The fact they have made these outlandish allegations actually helps you.

    I myself have defended a court case against a PPC and won. The court is not that daunting.

    They are not the police, they can accuse you of what they like but they will look foolish if they can't come up with any proof.
  • butchx5
    butchx5 Posts: 67 Forumite
    Hi Marktheshark

    No there have been no solicitors costs added to the claim.

    and I will go and screen print that statement about the disabled parking bays on their website - thanks for that!
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Well as of July 2013 The Carlton Shopping Centre was owned by Lincoln Corn Exchange & Markets (1991), part of Lincolnshire Co-operative.

    [url] http://thelincolnite.co.uk/2013/07/better-access-plans-for-lincolns-carlton-centre/[/url]
  • butchx5
    butchx5 Posts: 67 Forumite
    Thanks Cygnus Alpha

    I am just struggling with all the legal stuff - I thought I had sorted the defence BUT when I went to print it I realise I haven't really - and am now trying to find UKCPS relevant cases, etc to support my defence. Plus having the UKCPS paperwork now I am struggling on how to complete the defence to cover the info UKCPS have included - Most of the stuff I have relates to Parking Eye and now I am confused as to how much of this is relevant taking into account the statement from UKCSP - head is just spinning
  • Castle
    Castle Posts: 4,790 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just looking at the "contract";
    1) There is no such company as Lincoln Corn Exchange & Markets Ltd; it should be Lincoln Corn Exchange & Markets (1991) Ltd.
    2) It's not on company headed paper
    3) Doesn't mention that Blue badges have to be displayed; only that the disabled bays have to be monitored.
    4) Doesn't mention any fees/charges.
  • Cygnus_Alpha
    Cygnus_Alpha Posts: 191 Forumite
    butchx5 wrote: »
    Thanks Cygnus Alpha

    I am just struggling with all the legal stuff - I thought I had sorted the defence BUT when I went to print it I realise I haven't really - and am now trying to find UKCPS relevant cases, etc to support my defence. Plus having the UKCPS paperwork now I am struggling on how to complete the defence to cover the info UKCPS have included - Most of the stuff I have relates to Parking Eye and now I am confused as to how much of this is relevant taking into account the statement from UKCSP - head is just spinning

    OK. What is the deadline for you to file your defence?
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As for "internet fed campaigners trying to sustain free for all use of disabled bays" and "for the court to decide", that's complete nonsense. This is not a criminal court trying a conspiracy case, it's the Small Claims Court that only has to decide if the claimant is owed the money, nothing more.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
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