UKCPS county court claim recieved - Help with best avenues of defence?

topper_t

Hello,

Just before christmas 2013 I got a parking charge notice put on my windscreen after parking in an allocated parking space for a small industrial unit that was unoccupied (To Let signs up, chained up doors). If anyone is familiar with Lincoln it was the car park for the industrial units at the end of Tentercroft street. If not, it was approximately 15 small adjoined units built around a car park with about 50 spaces, each unit having a number of allocated spots each. I believed that as the unit was not in use, nobody would even notice, let alone care if I parked there for 10 minutes. The space was not directly outside the unit and I was not blocking any access. The car park was only about half full and I saw no UKCPS signs whatsoever.

After returning to my car and realising that where I had parked was the domain of a private parking company I had a look for some signs and found one approximately 8 ft (maybe higher) up on a wall of an industrial unit opposite, facing the entrance to the car park (not visible from where I had parked, and not readable or even particularly noticeable to drivers when entering the car park). A few years back a friend of mine had been issued one of these tickets, ignored it and never heard anything again, so at the time I just drove off, not unduly worried.

It turns out the car park for the industrial units was owned by Co-op, although separated from the actual nearby co-op car park by a canal and a fence (no signs to show that the co-op also owned that land at all)

I ignored the letters they sent (I realise now this was out of date advice), and after 3 or 4 I heard nothing more for many months until a County Court Claim Form arrived this morning for £175.

Unfortunately, I did not take any photos at the time as I was not think that UKCPS would actually chase me. The site has now been bulldozed to make way for a new road so that ship has now sailed. What would my best avenues of defence be?

Thanks in advance,
t

Fruitcake

Have a look at the Parking-Pranksters blog website. He does a very cheap guide for court ( a few quid I thin.) Start with that and have and also search on here, pepipoo.com. and the Pranksters site for other similar court cases.

Umkomaas

Also post #5 of the NEWBIES FAQ sticky (top of the forum index, one page back from this page) will help you too.

The_Deep

Did their paperwork mention v.a.t.? IF not read this


http://forums.moneysavingexpert.com/...7925&highlight=

http://forums.moneysavingexpert.com/...3796&highlight=


http://forums.moneysavingexpert.com/...5437&highlight=


https://www.gov.uk/government/organi...ng-tax-evasion

then ask them for a v.a.t. invoice. If they ignore/refuse shop them

https://www.gov.uk/report-an-unregistered-trader-or-business

atilla

You sure they are genuine papers?

Herzlos

Did you receive anything that could be regarded as a "Letter Before Action" or "Letter Before Claim"?

topper_t

Yes, I received 3 letters in total, all of which I kept along with the windscreen ticket, the last one was in March last year and stated they would refer to court in 14 days. They are definitely genuine court papers - I have acknowledged the claim online and disputed the full claim.

Cygnus_Alpha

Given your description, your best bet is on signage. Basically if they hid the signs, then no contract has been entered into. But by all means use all of the relevant reasons in the Pranksters guide.

Redx

no locus standii could be another one

and dont forget the Beavis case will be shortly lodged for appeal at the Supreme Court too, so a stay pending that outcome is another possibility

topper_t

OK, I have emailed the CO-OP explaining the situation and requesting that they instruct UKCPS to drop the claim. I have also requested they supply me with the original contract for the car park in question and any site plans they have, specifically showing which space is allocated to which industrial unit and where the UKCPS signs were posted, if they have that info. When I have that reply I will contact UKCPS with a part 18 request for the evidence they hold that they intend to use in court.