UKPC & county court business centre form received

Bobby2k2

Hi guys

By way of update:

I did receive witness statement and exhibits from UKPC a day or two after they were due and they are a pretty interesting read..

The statement is signed by their 'legal adviser' and he makes some interesting claims:
,
Firstly he says that the claimant has a contract with the Managing Agent (this has now changed from Landowner). He now claims that 'the contract confers authority on the Claimant to levy parking charges on vehicles in breach of parking conditions....The contract also authorises the Claimant to take such actions it considers appropriate (including instigating court proceedings) to recover any unpaid parking charges. The Managing Agent's contract with the Landowner allows it to confer such authority to the Claimant. He goes on to say 'A copy of the contract between the Claimant and the Managing Agent can be provided at the hearing'

*Correct me if I'm wrong but wouldn't they need to back their claim regarding the Managing Agent's contract? If the landowner has a contractual agreement with the Management company that allows the Management company to then give authority to UKPC bring about a claim in their own name then surely the judge will need sight of the Managing agent's contract with the Landowner as well as UKPC's contract with managing agent. Without this I would of thought that the latter would be irrelevant without this.


He does make the point that I challenged the signage and stated but my MCOL defence was limited. This is true but hopefully I have got around this with the lack of particulars offered and initial my part 18 request.


He later goes on to say that 'the defendant accepted this offer (of terms and conditions of parking) via his own conduct when he parked on the site giving rise to a contractual relationship ......The defendant subsequently breached those conditions by failing to display a permit...'
** I have NEVER said that I was the driver so I'm not sure where he going with this point.


He then reiterates that UKPC have the right to instigate court proceedings in its own name.


The exhibits are also extremely interesting:

1) The photos are now in colour, very red but clearer than before - The photos of the signs are still as blurry as hell though.


2) They finally produced copies of the 2 out of 3 missing notices to keepers:

However, the strange thing is that unlike the notice to keeper that I have always maintained I have received, these two are not on headed paper like that one and they have a slightly different format - It's almost like they were produced for the purpose of this case, I mean I have requested copies of them on more than one occasion. What I am trying to say is that it is strange that they are not on headed paper and that they differ so much..Surely it would have been easier for them to take a copy of the original filed document which I assume would be on headed paper - after all they claim that it was sent out in 2013. I still say it wasn't.

Any thoughts????

Jo12000

Any update how this went ?

Thanks

Coupon-mad

Jo12000 wrote: »

Any update how this went ?

If you have a UKPC court claim, start your own thread. This case is not unique, there are several here, some discontinued. All differ.

If you are from UKPC and are gloating about an outcome where UKPC have ripped money from someone, you know what you can do...including 'get a real job'.

Bobby2k2

No update as yet... Will have by the end of the month

Coupon-mad

Hope you have sent your witness statement and skeleton defence to the court and the claimant in time for the hearing (not less than 14 days before).

You are in the same position as Sam84 and 'moe' (the latter forgot to send the witness statement etc in time but hopefully he's done so now). Both have posted this past week if you want to compare notes & pm them for moral support!

Bobby2k2

Yep

Defence and witness statements as well as exhibits all submitted to court and UKPC back in April (see post #81)

Jo12000

Coupon-mad wrote: »

If you have a UKPC court claim, start your own thread. This case is not unique, there are several here, some discontinued. All differ.

If you are from UKPC and are gloating about an outcome where UKPC have ripped money from someone, you know what you can do...including 'get a real job'.

Was only interested to see the outcome.. Being flowing the read due to simalr issues.

Jo12000

*Following

Bobby2k2

UPDATE:

My hearing was adjourned the night before due to their being no judges available.

The court called and emailed.

I asked when it was likely to be but they had no idea but said not for now, probably after August..

Not sure if this is good or bad news. Can't say I was disappointed though

beamerguy

Bobby2k2 wrote: »

UPDATE:

My hearing was adjourned the night before due to their being no judges available.

The court called and emailed.

I asked when it was likely to be but they had no idea but said not for now, probably after August..

Not sure if this is good or bad news. Can't say I was disappointed though

Interesting, I know it's summer holiday time, but will the courts close for lack of judges .... don't think so.

It is good news for you and bad news for UKPC, makes you wonder if UKPC has rattled the court system with all their claims and the terrible publicity they have.

UKPC are now in a non urgent band, the bottom of the pile