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

butchx5

The court case is on 16th March so I MUST post the defence tomorrow and we will pay for recorded delivery or whatever it is to ensure it arrives at UKCPS and Court on 3rd March with a signature which I HOPE I have calculated correctly is the last day we can submit.

I am STUPID for leaving it so late - as I say I thought I had the defence ready to print and send but my brain is filled up with too many other things - I have constant hospital appointments and my other son has also just had an operation due to the same condition and I have been supporting him, etc.

Marktheshark

I have discovered what I think is a hole in the contract I will PM you :
I dont want to tip them off.

butchx5

Replied to your PM Marktheshark - thanks for that :-)

Marktheshark

Further PM :

bill2b

Interesting reading as I have also received court letters regarding parking outside the marked lines in the Carlton Center which is owned by the Coop. It is a free car park so for me parking there for 10 mins shopping in the Coop and using the cashpoint they want £175. I agree with the OP who is struggling with all the legal stuff and could only find stuff about parking eys. I did not hear from Parking prankster but got a letter from privateparking appeals which I think I will use they are very busy as well apparently If you want to compare notes or something like that send me a pm and we can meet up.
Cheers
Bill

butchx5

bill2b - Let me get this defense in and then I'll pm you - If I forget which is completely likely please pm me in a couple of days

butchx5

Can someone clarify for me please:

If I mention a court case in the Defense Statement do I have to provide a full transcript of every case I mention?

esmerobbo

trisontana wrote: »

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.

May thoughts when reading the POC, asking the court to decide a moral issue rather then prove a contract was formed.

UKCPS have always worked closely with disabled charities. Unfortunately however not always paying them.

http://www.liverpoolecho.co.uk/news/liverpool-news/liverpool-parking-firm-coughs-up-3350942

bazster

Is that it? Is that the entire contents of their evidence? If so, it's pretty thin stuff.

I'd suggest emphasising:

- The case turns on its own particulars; anything the claimant says about other cases, other persons, or imaginary campaigns is entirely irrelevant.

- EXCEPT that the claimant's repeated references to the landowner's wishes prove that the claimant is merely the landowner's agent and is therefore the wrong claimant, entirely without standing in the matter.

- AND ALSO EXCEPT it is clear from the claimant's emotive and intemperate statements that its intention is not to claim losses but to punish and penalise the defendant.

- The claimant refers to the alleged charge as "contractual", which it clearly is not, unless the claimant seriously expects the court to believe that it makes an offer of parking in disabled bays in return for a consideration of £100; the charge is obviously a penalty, disguised or otherwise.

- The "Witness Statement" Part 1 from Stephen Hall is not a witness statement at all, it is legal argument introduced late under the guise of being a witness statement, and as such should be disregarded.

- Furthermore it relies almost entirely on arguments put forward in the ParkingEye vs. Beavis case, a case which is not yet settled.


And then make all the usual arguments as set out by the Prankster in his guides, adapted for UKCPS. You might also ask for a stay pending the handing down of judgment in PE vs. Beavis.

bazster

Also, signage. UKCPS' signage is generally amongst the worst in the business, frequently gobbledegook, and often stating the conditions under which Blue Badge holders may park in disabled bays, without actually prohibiting anyone else from parking in them!