UKCPS. Notice of Proposed Allocation to the Small Claims Track received.

LuckAround

Hi, on the 09.08.14 I received a parking ticket from UKCPS ten minutes after I arrived for my second shift as a Doorman at a Bar in Leeds. Immediately after I received the parking charge notice I advised my managers at the Bar and was given UKCPS Car Park Permit No. 4 for that location. I was assured that the notice will be taken care of and I shouldn't contact the claimant on my own. In a month's time I received a reminder which I handed to management too. I kept working there every Saturday from 21.00 to 1.00 until 03.10.15, I was displaying my permit every night with no further issues.
However, recently (nearly 18 months later) I received a Court Form to fill in from the County Court Business Centre in Northampton. The claim was for £300 from MIAH Solicitors in Leeds who were claiming on behalf of UKCPS.

I filled the defence form with the following text:

"Dear Sir/Madam,

On the 09.08.14 I received a parking ticket from UKCPS ten minutes after I arrived for my second shift as a Doorman at (this Bar, address of the bar) The above ticket resulted in a claim for £300 which I think is unfair and I hereby dispute for the full amount (See Attachments E3, E4).

On the above date I had parked across the neighbour building fence and I was in no way blocking the car park entry/exit and the duration of my parking was from 21.00 till 1.00 (4 hours). It was therefore impossible for me to cause a loss for the claimant higher than £2.50 according to their sign on the (Bar) Building (See Attachment E5). It was late at night and it was dark so I was unable to see the signs about car park charges, nor was I notified by (Bar's) management that the car park at rear was paid.

Immediately after I received the parking charge notice I advised my managers at (the Bar) and was given UKCPS Car Park Permit No. 4 for ..... Bar (See Attachment E1). I was assured that the notice will be taken care of and I shouldn't contact the claimant on my own. I kept working there every Saturday from 21.00 to 1.00 until 03.10.15 (See Attachment E2), I was displaying my permit every night with no further issues. "

I sent the forms through email, hence the attachments - Original Court Form, Defence Form, Sign photo confirming the amount of £2.50 for 4 hours, original PCN photo, a scanned copy of the permit and a letter from Bar's General Manager on a headed paper saying the following:

"To Whom It May Concern,
I would like to confirm that Mr (My name) has been working at (BAR) from 26/07/2014 until 03/10/15. He was given a UKCPS parking permit – No.4 in order to park in our car park at the rear of the building.
As the owner of the lease for the car park I sincerely believe these court proceedings are unfair and unjust.
Please do not hesitate to contact me on .................(mobile)


Kind regards

(Manager's name)
Managing Director
(Name and address of the bar)"

Ok, so now we are at the Mediator stage, I haven't filled and sent the N180 questionnaire form back as I need some advice from you on how to proceed. Do I have to fill it? If not what do I gain/lose? Do I have to pay anything if we go to court and how much? Any advice is strongly appreciated. TY in advance. Petition signed too

salmosalaris

Who contracted with UKCPS ?
You say the general manager is the owner of tbe lease to the car oark ?

Quentin

LuckAround wrote: »

Ok, so now we are at the Mediator stage, I haven't filled and sent the N180 questionnaire form back as I need some advice from you on how to proceed. Do I have to fill it? If not what do I gain/lose? Do I have to pay anything if we go to court and how much? Any advice is strongly appreciated. TY in advance. Petition signed too

The N180 must be filled in and returned to the court address you are given with the form.


(Even if you don't agree to mediation)


You can also request any future hearing may be held at your local court by filling in the appropriate section on this form,


If you end up attending a hearing then you only pay anything if you lose - you would then have to pay whatever the judge orders - usually the amount claimed (assuming the claimant has justified it), plus interest, plus all court fees plus any allowable costs go the claimant)


If you win you can ask for your costs in attending the court, and if allowed by the judge the claimant will have to pay you those (and will have had to pay all the court fees in advance)

LuckAround

Aparrently no one has contacted them. I was mislead to think that managers will contact them. And yes, he wrote in the letter he is the owner of the lease.

LuckAround

Thank you for your reply. How shall I proceed? Do I have a chance to win at court with what I have provided az evidence? What is the minimum that I can offer at mediation?

Marktheshark

I would contact the owner of the lease informing them that you have a live court case and will have to issue a counter claim against the owner in order for them to present themselves at court.
This might make them take it a bit more seriously as they will need to employ a solicitor to represent them if they are a company.

The_Deep

Ah Miah, they have previous, lots of it, and they are operating at the very limit of the law. Look for a letters by Gan to them shooting them down in flames. Here is one, there are others

http://forums.pepipoo.com/lofiversion/index.php/t100476.html

copy it to the SRA.

The PPC may also be trying to dodge vat. If, as they claim, this is contractual charge, it is a fee for parking, and thus vatable. Have they accounted for vat on their paper work?

Ask them for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court.

More reading here

https://forums.moneysavingexpert.com/discussion/5033796=

https://forums.moneysavingexpert.com/discussion/5195437

https://forums.moneysavingexpert.com/discussion/5087925=

If you suspect tax evasion report it to the fraud hot line here

http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight

I would venture that you do not need to take anything from Miah too seriously, their charges are way out of line. Solicitors' charges are capped in the SCC to £50, how on earth could they explain to a judge the extra £100? I very much doubt if this will ever get to court.

LuckAround

The_Deep wrote: »

The PPC may also be trying to dodge vat. If, as they claim, this is contractual charge, it is a fee for parking, and thus vatable. Have they accounted for vat on their paper work?

Ask them for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court.

I would venture that you do not need to take anything from Miah too seriously, their charges are way out of line. Solicitors' charges are capped in the SCC to £50, how on earth could they explain to a judge the extra £100? I very much doubt if this will ever get to court.

Apologies for the dummy questions but what are PPC and SCC?:)

esmerobbo

PPC = Private parking company!

SCC = Small claims court!

System

While you are deciding what to do, do this today - gives you a full 28 days from the date of service on the claim and more thinking time.

The N180 must be filled in and returned to the court address you are given with the form.

LuckAround

IamEmanresu wrote: »

While you are deciding what to do, do this today - gives you a full 28 days from the date of service on the claim and more thinking time.

I did, when we go to mediation I will offer them £2.50 and we go to court I'll use Gan's letters/advices to defend. Any new ideas are welcomed. TYVM all!