County Court Claim PCM

Garsantinos

catfunt wrote: »

Those dates and the "PM" numbers you have posted above - you may want to edit those out of your post in case they identify you. The scammers do read these forums....

Good idea. Changed.

catfunt

Garsantinos wrote: »

Good idea. Changed.

and BEAMERGUY needs to edit them out of his post where he quoted you, too.
PMed him

beamerguy

catfunt wrote: »

and BEAMERGUY needs to edit them out of his post where he quoted you, too.
PMed him

hiya, done, the pm did not seem to send

Quentin

If the PPC monitors here, then the remaining info still on show in #2 will make it easy for them to identify the OP

Anthony94

Garsantinos wrote: »

Hello guys,

I'm not new to parking tickets or the forum but haven't had to deal with them for a whole year so I'm a little out of touch. I have not appealed these parking tickets to the POPLA. I have also got no experience in court or writing defenses. I have copied my defense as well so you can read how I 'obtained' these tickets in the first place.

I have recently received a county court claim (29/01/2016) from UKPC claiming 'parking services and indemnity costs' of 5x£150 + £43.23 interest = £793.23 for parking on a private residential area on 5 occasions. These charges add up to £923.23 including legal fees. That is not a small charge, especially for a student like me.

Have a look at the particulars of claim section that I have copied exactly: (I have left the reg plate out)

-- DATE -- DESCRIPTION -- AMOUNT - DUE DATE
XX/XX/XX 'REGPLATE'/PMXXXXXXX £150 XX/XX/XX
XX/XX/XX 'REGPLATE'/PMXXXXXXX £150 XX/XX/XX
XX/XX/XX 'REGPLATE'/PMXXXXXXX £150 XX/XX/XX
XX/XX/XX 'REGPLATE'/PMXXXXXXX £150 XX/XX/XX
XX/XX/XX 'REGPLATE'/PMXXXXXXX £150 XX/XX/XX
Total due - £750
AND THE CLAIMANT CLAIMS
The Claimant claims the sum of £793.23 for Parking services and indemnity costs if applicable including £43.23 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00%pa from dates above to 28/01/16. Same rate to judgement or (sooner) payment. Daily rate to Judgment £0.16
Total debt and interest £793.23

There is no information on where I parked or such so I can only guess by tracing it through my text messages and logs.

My defence form so far: (please criticize or change as you wish since I have no experience)

In my defense I would like to state a couple of facts.

First of all, I have received no parking tickets on my car at the
time of the incident and have not received any letters that
indicate that I owe the claimant a legitimate sum of money. I do
not know, for sure, which car park this claim is made for exactly
but I will defend the claim to the very best of my knowledge. If
memory serves me correctly I know that the only UKPC car park I
have parked at in the last year is at docklands (East London) in a
private residential estate. Each 'session' of parking has lasted
for less than 30 minutes.

The claimant is claiming a sum of £793.23 and £43.23 interest for
'parking services'. I'm assuming those 'parking charges' have been
made because I was parked at a non-commercial car park on 5
different occasions. Correct me if I'm wrong but I assume that
these charges are contractual charges.

As far as I know a contractual charge should not be allowed for
claimants to make any sort of profit, it exists to protect those
that are vulnerable and to claim financial loss, if applicable. In
this case, I see the claim as extortionate and a means to gain
profit. VAT must be paid on contractual charges, if UKPC cannot
prove that they pay VAT on the charge then it means the charge can
only be breach of contract. In which case I argue that the charge
is excessive and an unlawful penalty.

No citizen should have to pay over £923.23 (including legal fees)
for parking at a non-commercial car park for 5 times. Most of the
charge is made up of random administrator charges. That sum is
equal to a whole months pay for part-time students. That sum can
allow a student to survive independently for 9 weeks.

I parked at the car park because I was dropping a friend off who
lived in the residential estate. As car parking spaces ran out I
had to stop on the side of the road to escort them into their
flat. On two occasions I parked there to access the grocery store.
There are a couple of free car parking spaces provided to those
that are visiting the small grocery store but they are always
taken so I had always made sure to park carefully out of the way
and finish as quickly as possible.

Additionally, the UKPC website also states that parking charges by
private companies can be enforced due to the recent Beavis vs
Parking Eye case which was escalated to the supreme court and
concluded in Parking Eye's favor. I strongly dispute this because
the case discussed took part in a commercial car park and the
judges clearly explained that the charge Mr Beavis received was
small enough to be justified as a deterrent.

Could someone with experience and knowledge help me out please? It would be very much appreciated.

I'am in a similar boat as you. Are you confident you can fight this. If so please let me know I would like to follow your same procedure!

Coupon-mad

We are confident you can both fight this scumbag firm. I've written defences v UKPC before and they bailed out without a hearing. Nothing different than the examples we've already pointed you to - you need some detail but it is pretty standard once you start reading other relevant threads.

Please read what's been linked in this thread already and please read what's been linked in the small claims advice part of the NEWBIES thread. The links are there to assist you to put a defence together, bullet points at short sentences at this stage but making sure you miss nothing. We will help.

Anthony94

Coupon-mad wrote: »

We are confident you can both fight this scumbag firm. I've written defences v UKPC before and they bailed out without a hearing. Nothing different than the examples we've already pointed you to - you need some detail but it is pretty standard once you start reading other relevant threads.

Please read what's been linked in this thread already and please read what's been linked in the small claims advice part of the NEWBIES thread. The links are there to assist you to put a defence together, bullet points at short sentences at this stage but making sure you miss nothing. We will help.

Will do and thank you for assurances. Was starting to count the pennies in my little piggy bank lol

Fruitcake

Line one of para 4 has a typo on the amount: -


"No citizen should have to pay over £923.23 ..."

Garsantinos

Anthony94 wrote: »

I'am in a similar boat as you. Are you confident you can fight this. If so please let me know I would like to follow your same procedure!

Yea, I'm confident we can fight them. Although it isn't a 100% success rate.

Coupon-mad wrote: »

We are confident you can both fight this scumbag firm. I've written defences v UKPC before and they bailed out without a hearing. Nothing different than the examples we've already pointed you to - you need some detail but it is pretty standard once you start reading other relevant threads.

Please read what's been linked in this thread already and please read what's been linked in the small claims advice part of the NEWBIES thread. The links are there to assist you to put a defence together, bullet points at short sentences at this stage but making sure you miss nothing. We will help.

Yes, I'm in the process of digesting it. At the moment the first priority is to get that part 18 sent off to their solicitors.

Fruitcake wrote: »

Line one of para 4 has a typo on the amount: -


"No citizen should have to pay over £923.23 ..."

That is the fee I would have to pay in total should I lose in the case.

catfunt

Edit out the amounts as well, that too could identify you !!