County Court letter from a UKPC fine

Anthony94

Coupon-mad wrote: »

.and this (below) is obviously a NOTE from the BMPA to help you understand what to ask, so remove it, of course, surely it's clear you wouldn't leave that here:

[Note: “A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet”]

Lol I haven't included that in my final draft. I've finshed it now, will be sending it off in the morning.

Coupon-mad

Phew...! Good.

And hopefully the 4 or more of you in the same boat are finding strength in numbers and will help each other through the stages.

The court paperwork and how to complete it, whcih boxes to tick, etc., is explained by bargepole in a link in the NEWBIES thread that you will need to hop back to check each time.

Anthony94

Coupon-mad wrote: »

Phew...! Good.

And hopefully the 4 or more of you in the same boat are finding strength in numbers and will help each other through the stages.

The court paperwork and how to complete it, whcih boxes to tick, etc., is explained by bargepole in a link in the NEWBIES thread that you will need to hop back to check each time.

I've followed the BMPA link. It breaks it down into steps in what to do. I just need to write up a first defence now.

Coupon-mad

Good and when you've done that, show us and we'll help to make sure no point is missed that we can think of, that you may need later.

Just to add a recent example (long) defence about a different parking firm. Beware it has irrelevant stuff about Michael Schwartz and some details which are NOT relevant for you but plenty of this is and shows you what to put at the start (and at the finish, if POPLA has not been tried yet):

https://forums.moneysavingexpert.com/discussion/comment/70167855#Comment_70167855

HTH

Anthony94

Thank you, can I use that as my first defence with obviously editing the irrelavant parts and including what is relevant for myself and my details.

Anthony94

Going off topic a bit. Today I have received another Small Claims Solicitors letter today. I believe this might be a new ticket I received whilst at Uni. Can I send a Part 18 to them or would I have to send it to UKPC. Getting tired of these now. I want this all to end, I have too much on to be filling these out lol.

Coupon-mad

OK but show us your version so we can double check, it's easy to leave in stuff that's not relevant especially as that one isn't even about UKPC, includes stuff about a different car park, different contravention and a different solicitor/pre court protocol issue not relevant to you.

Of course you can use some of that - it's why I showed it to you and all your other 4 posting buddies in the same boat!

But OBVIOUSLY DON'T JUST 'USE IT' VERBATIM AS YOUR DEFENCE! You only have to read each numbered point to know if it's the same or needs deleting or adapting, or replacing with something more relevant.

Do the changes - fairly major ones on some respects - and show us.

Coupon-mad

Anthony94 wrote: »

Going off topic a bit. Today I have received another Small Claims Solicitors letter today. I believe this might be a new ticket I received whilst at Uni. Can I send a Part 18 to them or would I have to send it to UKPC. Getting tired of these now. I want this all to end, I have too much on to be filling these out lol.

You can't send something headed 'Part 18' but you can refer to the requirement in the pre-court protocol to make every effort to resolve disputes out of court and for full disclosure of evidence they intend to rely upon. Reply to SCS in detail, robustly and keep proof of posting of your letter (free cert of posting from the PO Counter, not Recorded).

Hit them with a shedload of evidence requirements, loads of questions, ask for the landowner contract, all photos of signs & car and ask specifically, whether the allegation is one of breach of contract or is it alleged to be the price payable for parking under contract? Whether the keeper is being held laible under the POFA and if so, you require copies of ALL documents including the PCN and the Notice to keeper.

Similar to a Part 18 but you can make it VERY detailed, as is the right of a keeper because they are not necessarily the driver and may have no knowledge of the site, signs, event, etc.

This second one is pre-court, so ask away! They have to reply. Then reply again, make them work at it! All the time you are (fairly and politely but assertively) playing email tennis for full disclosure - or exchanging letters if no email for them - they can't just move to court papers.

And only write as KEEPER. Don't accidentally ask for proof 'I didn't display/ I overstayed...' or similar!

Anthony94

Any chance there is a template or an example of this I could send to Small Claims.

Also thank you by the way you have been very helpful

Coupon-mad

Well why not start with the 'IPC version' first appeal full of questions as written by salmosalaris in the NEWBIES thread? Obviously removing the words 'I wish to appeal' and just changing the start and removing the end about IAS? You are at Uni so you can write a decent introduction and change it so it's not an 'appeal' but a request for more evidence under the pre-action protocol and Practice Direction.

I never, ever link the NEWBIES thread!

I also think templates are the work of the devil! Most people can write, most people should write their own. When you look at salmosalaris' list of questions it's hardly difficult and I already gave you some of the questions to ask, above.

You only had to add an introduction, put your questions into a letter, in list form, finish by demanding it's cancelled and giving them a deadline to supply the evidence they wish to rely upon. Add your name and address as keeper and a heading/refs and add your vague 'squiggle' for a signature.

Takes 15 minutes tops.