County Court letter from a UKPC fine

Anthony94

Can anyone help me please? I really want to send this off today. However I just want someone to have a quick look over it. I'm new to all this and haven't been in this position before. I just need help.

Anthony94

Anyone? can i get anyone to urgently help me i'am running out of time

Coupon-mad

None of us can read everyone's long defences and I showed all of you with a UKPC claim (GARSANTINOS, CLARK13, YOU AND MOE123) an example defence which you seem to have used.

But I only glanced at it above because the details are down to you and it is most important you write something strong but that you understand all your points and have the detail nailed - for example is this true, do you have photos ready to use if it goes to a hearing later:

The signage on the site in question is unclear/broken/missing

As long as you are satisfied it says everything you might wish to raise as evidence then you can do no more. You can't add a 'new' point later so just run through it to make sure you have covered all the bases you can think of.

You need to remove this which is the IPC appeal and addressed to 'you' (that's not a defence and 'you' makes no sense - this defence is addressed to be read by the court!). Earlier on I may have said look at the questions in the IPC appeal in the NEWBIES thread but I didn't mean spout questions in the defence. You can't ask questions, a defence is a statement of true facts upon which you want to rely at a hearing.

I am not ignoring your charge for a purported parking infraction. As this is purely a charge (not a statutory penalty) issued under a purported contract and the driver has not been identified, I require the following information so that I can make an informed decision:

Who is the party that contracted with your company for the provision of their services? I require their contact details.
What is the full legal identity of the landowner?
As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority to both issue parking charges and litigate in your own name.
Is your charge based on damages for breach of contract? Answer yes or no.
If the charge is based on damages for breach of contract please provide your justification of this sum.
Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
Please provide a copy of the signs that purportedly were on site, which you contend, formed a contract with the driver on that occasion.

System

If you have not been to POPLA/Alternative Dispute Resolution you could ask the court to send the matter back to POPLA to save costs and the court's time.

Your assertion they do not have a contract can be checked if you send a Freedom of Information request to the Uni and ask for a copy suitably redacted to allow it to be released [They tend to refuse the full contract so ask for one they will release]

Also ask the Uni to cancel the claim if you have not done so already.

Anthony94

IamEmanresu wrote: »

If you have not been to POPLA/Alternative Dispute Resolution you could ask the court to send the matter back to POPLA to save costs and the court's time.

Also ask the Uni to cancel the claim if you have not done so already.

I have not been to POPLA yet? Is this something I include in my first defence or do I actively get in contact with them?

My University also already state that any parking charges needs to be dealt with UKPC.

Anthony94

I might add this for the POPLA part because I haven't got enough time for them to reply to me....

In the alternative, the Defendant is willing for the matter to be decided by POPLA (Parking on Private Land Appeals) which will decide the dispute and limits any further costs to this claimant to £27, with no legal costs. This is the bespoke ADR for BPA members, is available at any time (not just the first 28 days) and has been used to settle private parking court claims on multiple occasions even after proceedings have commenced. POPLA has not been undertaken in this case nor was it mentioned in the recent sparse communications from this Claimant.

Anthony94

Just received a letter in the post from SMALL CLAIMS. They are saying that from the 29th Feb they will changing their trading name to SCS LAW and changing the address of their offices.

Is this a trick of theirs because I had sent my part 18 to them? What should I do send a third part 18 to them again but to this new address so they can't say they haven't received it?????

I have till thursday Until my 28 days is done. I'am looking to send my Defence off tommorow. So time is running out now.

System

Is this a trick of theirs because I had sent my part 18 to them?

No

My University also already state that any parking charges needs to be dealt with UKPC.

Keep that as you may want to counterclaim later.

Your assertion they do not have a contract can be checked if you send a Freedom of Information request to the Uni and ask for a copy suitably redacted to allow it to be released [They tend to refuse the full contract so ask for one they will release]

Have you asked for the contract yet?

I'am looking to send my Defence off tomorrow. So time is running out now.

Get it in. A half-baked piece of work is better than nothing as you should know by now if you are at Brunel.

Redx

and in any case they should have a postal redirect on any mail, so pointless worrying about what has already been sent, if you sent in a request, you say so in your defence, if nothing came back just be honest about it and say so

dont worry about what SCS are doing, concentrate on your own defence and submit it , deal with these side issues in the future

Anthony94

IamEmanresu wrote: »

Get it in. A half-baked piece of work is better than nothing as you should know by now if you are at Brunel.

How did you know the University I attend?