UKPC & county court business centre form received

System

Just make a note and raise the point that they appear to be reconstructing a contract that may not be the actual one as it has doubtful provenance i.e. unsigned, on UKPC paper and no indication of the person or authority that may have signed it for the landowner/occupier. And there will be no one there to vouch for it (deliberately)

Bobby2k2

UPDATE:
Received a notice of trial date and accompanying letter from the Centralised listing manager' notifying me that it has been moved to another court (it also says that the case may be released to another judge or court) but for now it seems as though the Judge remains the same as before.

The new date is in early February 2017 with a time estimate of 1 day (as indicated previously).

I think it may be time for the 'drop hands offer'

Coupon-mad

A whole day?!

Bobby2k2

In regards to the Notice:

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

Coupon-mad

Looks OK to me, based on the advice given before which was to see if they will drop it due to the costs of a 1 day hearing.

Bobby2k2

Notice sent

rebecca91

Im in the exact same situation as you, So keeping track of this
Let us know how you got on, and any random questions the Judge put on you that might be of use if possible

Very good luck :money:

Bobby2k2

UPDATE:

Please see laughable response form UKPC solicitors:

''Our client is unwilling to accept settlement under the terms you propose, bearing in mind the value of the claim and further costs incurred issuing these proceedings.

However, our client has made a counter offer confirming that they will accept payment of £*** in full settlement of this claim''

£*** = £1 more than the actual charge of the x3 original PCN's LOL! (So would probably be accredited to their costs)

They want a response.. Hmmmm I wonder what to say...

The_Deep

refer them to Arkle V Pressdram

Coupon-mad

Bobby2k2 wrote: »

UPDATE:
Received a notice of trial date and accompanying letter from the Centralised listing manager' notifying me that it has been moved to another court (it also says that the case may be released to another judge or court) but for now it seems as though the Judge remains the same as before.

The new date is in early February 2017 with a time estimate of 1 day (as indicated previously).

I think it may be time for the 'drop hands offer'

Did that letter allow parties to supply new evidence, such as case law? I have been looking back and noticed this is a residential car park case which we have much more by way of defence available now, since you started this thread before the Jopson Appeal case. You said:

Only problem is where the contravention is alleged is at my partner's flat. She has informed me she believes that UKPC do have a contract with actual land owner.

So, does your partner have a right to park and for visitors to park, under her lease or AST agreement? What does it say about parking? Have you included her lease or AST agreement in your evidence?

Read this:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

I would write to the Claimant and file with the court, a copy of the Jopson transcript and a copy of your partner's lease wording about 'quiet enjoyment' or 'use of the communal areas including vehicular access' or anything about parking spaces DO NOT WORRY if it is silent about parking, look for stuff about her right to use the property and outside area. Highlight them and get them filed even though it is late.

Oh, and urgently dig out anything she has telling her about the PURPOSE of the parking scheme, if it says it is to deter trespassers and non-authorised visitors (i.e. not you then). Maybe a sheet of paper came with the permit? Does it mention the parking charge and signs as forming part of her tenancy agreement - if not, then those terms do NOT form part of her 'grant'.

If the other side objects to this evidence, point out that just weeks before Christmas they sent out of the blue, a different 'landowner contract', foisting it upon you between the hearings. How is that fair and surely you can consider the new evidence and respond to it, which is what you are now doing.

Also, as UKPC have signed a contract with the managing agent, it is surely reasonable to conclude that they should already be aware of residents' rights to park and access the property, easements and grants under the various leases of legit visitors and tenants to 'pass and re-pass' (which can allow parking in certain situations) should not be a surprise to UKPC.

Hence, they cannot object to the evidence of the lease/AST agreement and the Jopson case in a residential car park claim where they would be negligent if NOT considering the rights of residents and their authorised visitors.

Read the Prankster's Blog and grab the Jopson case transcript (an Appeal case decision by a QC Judge) and get it filed with info from the lease/agreement etc. and hope the Judge allows it. If he does not allow it, then object at the hearing to the 'new version contract' that was sent to you out of the blue as well. If your late evidence is not allowed then theirs should not be, either.

Go for it.