UKPC & county court business centre form received

Bobby2k2

UPDATE:

UKPC have now sent a response to my defense together with a redacted copy of their contract with the Managing agent as well as their terms and conditions.

I will try for the notice of discontinuance on the basis of a "drop hands" offer as suggested by @IamEmanresu.

I can provide details of their response and documents mentioned if anyone requires..

I'll keep the thread updated if I get a response

Coupon-mad

Yes it would be good to see their Witness Statement here.

So did the Judge say in the order, that when you saw their contract that you would then have time to respond by way of an updated Witness Statement? Or are you now expected to just go back to court now the Judge has allowed them to add to their evidence (seems rather unfair, why do they get two chances at evidence?).

IamEmanresu's suggestion is a good one as I do not expect them to want to fund a whole day's solicitor's costs for a case scrutinising the contract and the signs (small print, £100 buried and illegible).

Does this contract show authority flowing from the landowner or not?

DoaM

As above, a contract with the managing agent is irrelevant unless the managing agent also has authority from the landowner, and that authority allows them to confer rights on a subcontractor to pursue charges in the subcontractor's own name.

Bobby2k2

Coupon-mad wrote: »

So did the Judge say in the order, that when you saw their contract that you would then have time to respond by way of an updated Witness Statement? Or are you now expected to just go back to court now the Judge has allowed them to add to their evidence (seems rather unfair, why do they get two chances at evidence?).

No that judge thought it was unfair that they hadn't responed in the first and in a sense I came to court 'blind'. He also said that it was also unfair to produce the contract on the day as it would put me at a disadvantaged especially as I attended on my own.

Coupon-mad

OK, interesting. Can you show us UKPC's response to defence/witness statement, perhaps hosted in Dropbox after redacting your name/details?

Bobby2k2

Suggest you write to UKPC and suggest a discontinuance on the basis of a "drop hands" offer.

This means they swallow their costs and you swallow yours. Stops the farce (or legal process as UKPC like to call it)

Not if you head it 'without prejudice save as to costs' - stops it being used in court against you.

IamEmanresu knows his stuff, sounds like a good way to force their hand & end it.

How does this sound (or does it need to be longer?)

Name
Address

Date
Claim number


Without prejudice - save as to costs

Dear Sir/Madam

I Bobby2k2, the defendant deny fully any liability in relation to the above claim however, in order to save any costs that may be incurred as a result of the pending hearing that has been relisted for an allocation 1 day hearing, I suggest a discontinuance on the basis of a "drop hands" offer.

This will mean that the claim is discontinued, with both parties paying their own costs.

Kind regards
Bobby2k2

Bobby2k2

OK, interesting. Can you show us UKPC's response to defence/witness statement, perhaps hosted in Dropbox after redacting your name/details?

Please if anybody can offer some input, it would be greatly appreciated:

UKPC initial witness statement:

https://drive.google.com/file/d/0ByKlPmpyHuzONG5lZFhUWm9WNlU/view?usp=sharing


UKPC reply to my witness as ordered by the judge:

https://drive.google.com/file/d/0ByKlPmpyHuzOaGV2T0RiY2dCdGc/view?usp=sharing


UKPC contract & terms and conditions:

https://drive.google.com/file/d/0ByKlPmpyHuzOMkNUUmk2b2oyN0E/view?usp=sharing


There you go!

Umkomaas

Just skimmed the contract.

It runs for only 3 months from the start date - 28 May 2012. There is no evidence the contract extends beyond that. I think your dates of 'contravention' are after this period.

The rate of discount of £60 from the PCN charge of £90 does not meet with the 'effectively binding' (as per the Supreme Court, PE -v- Beavis) BPA Code of Practice rate of 40%.

Haven't gone back through your thread, but what level of charge was imposed on you on each of the PCNs?

Castle

The contract refers to "Trinity Estates" but the only company of that name is in Aylesbury; the full name of the client is probably Trinity (Estates) Property Management Ltd.

Unicorn51

The last paragraph on page 3, just above the signatures states:

"Confirm that you own the premises"

Do they own the premises, or are they just agents acting on behalf of the owners?