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UK CPS Appeal Rejected (My fault) can this be rescued?

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Comments

  • Coupon-mad
    Coupon-mad Posts: 162,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 October 2016 at 2:16PM
    If it is headed 'Letter before Claim' or similar, then respond denying liability and saying that you believe that UKCPS signage is generally held in court claims to be woeful, e.g.:

    A0QZ7658 UKCPS v Mr X (04/07/2014 Bradford) Claim dismissed. Signage was gibberish.

    http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules.html

    A3QZ1305 UKCPS v Ms X (02/07/2014 Sheffield) Centertainment car park, Sheffield. Judge Birkby ruled there was no contract as the signage was deficient.


    http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules_14.html

    If your local court is Bradford or Sheffield you could press home that point that those courts have not been favourable where UKCPS' signs are concerned. And that you will use the above cases as evidence, as well as a clear comparison with the 'prominent and large lettering sign' in the Beavis case, which does not help UKCPS at all.

    Be careful to also make it clear you are only the registered keeper and UKCPS have neither shown evidence of who was driving nor any photos of the vehicle adjacent to a prominent & legible sign of terms and the charge itself. Nor did they comply with Schedule 4 of the POFA as regards 'adequate notice' of the charge, nor kept to the deadlines & mandatory wording required in any Notice to Keeper.

    As such, your position remains that you are not liable and you consider the matter closed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • da51ngh
    da51ngh Posts: 24 Forumite
    Coupon-mad wrote: »
    If it is headed 'Letter before Claim' or similar, then respond denying liability and saying that you believe that UKCPS signage is generally held in court claims to be woeful, e.g.:

    A0QZ7658 UKCPS v Mr X (04/07/2014 Bradford) Claim dismissed. Signage was gibberish.

    http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules.html

    A3QZ1305 UKCPS v Ms X (02/07/2014 Sheffield) Centertainment car park, Sheffield. Judge Birkby ruled there was no contract as the signage was deficient.


    http://parking-prankster.blogspot.co.uk/2014/07/ukcps-claim-dismissed-judge-rules_14.html

    If your local court is Bradford or Sheffield you could press home that point that those courts have not been favourable where UKCPS' signs are concerned. And that you will use the above cases as evidence, as well as a clear comparison with the 'prominent and large lettering sign' in the Beavis case, which does not help UKCPS at all.

    Be careful to also make it clear you are only the registered keeper and UKCPS have neither shown evidence of who was driving nor any photos of the vehicle adjacent to a prominent & legible sign of terms and the charge itself. Nor did they comply with Schedule 4 of the POFA as regards 'adequate notice' of the charge, nor kept to the deadlines & mandatory wording required in any Notice to Keeper.

    As such, your position remains that you are not liable and you consider the matter closed.

    brilliant..but

    the only heading i can see is: DO NOT IGNORE THIS NOTICE IMMEDIATE PAYMENT REQUIRED.

    Then in the first paragraph it says, that this is the final notice before court proceedings are instigated.

    Is that the one you are referring to?

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 162,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    this is the final notice before court proceedings are instigated.
    If that comes from UKCPM and not some random debt collector then I would respond, purely because if they proceed with a claim then any letters exchanged prior to the claim form are part of the evidence the Judge sees.

    So, write for a Judge, with a late hearing in mind; imagine later in what you say will matter. You can start by saying you are treating the letter as a Letter of Claim in view of the court threat, despite the fact it very clearly fails to meet the Practice Direction.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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