UKPC, Court Claim Form

Coupon-mad

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 end, if POPLA has not been tried yet):

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

Also look at Garsantinos' thread and Anthony94's thread and Clark13's thread*, and pm them to swap experiences and get confidence together with what you are all doing v UKPC.





* no links, search and ye shall find if you haven't already.

Coupon-mad

And once you have sent a Part 18 request (as discussed in the threads you should have been reading by now) do not relax and miss your defence deadline.

As long as you have acknowledged the claim, you must also keep an eye on your 28th day from service of the papers and do not miss defending. You can't wait beyond your deadline.

An example UKPC defence now being worked through on pepipoo might assist:

http://forums.pepipoo.com/index.php?showtopic=103998&st=80&start=80

HTH

moe123

Hi guys,
The part 18 has been sent and working on a defense now.. part 18 was sent a week ago and still no response... ? Also iread the newbies thread and just to clarify.. Acknowledge send a part 18 and then a defense?

Coupon-mad

Yes but of course, don't wait for the part 18 answer if it means going past your 28 days from service of the court papers. Did you send the Part 18 to Small Claims Solicitors or didn't your claim form mention any solicitors? The ones on pepipoo (or at least one of them, the one I showed you with a defence being discussed right now) was via SCS so the Part 18 goes to the solicitors not UKPC.

moe123

yes they have been sent to the solicitors not UKPC! If i dont get my part 18 back what will be MCOL be without it? Do I mention it in the MCOL aswell stating that ive sent a part 18 and havn't recived information basck attach it with the MCOL?

Coupon-mad

Yes you can say that certain information was requested in a Part 18 request posted on xx/02/16 to the solicitors and no reply has been received. Therefore you reserve the right and will respectfully ask the court for leave to later adjust your defence if the matter proceeds and information that should have been supplied earlier, has issues which would have been covered in this defence in more detail.



Or something similar...!



Anthony94 is writing his defence at the moment too so keep comparing notes with him and Clark13 and Garsantinos as you can all help each other to ensure you all sing from the same hymn sheet and miss nothing.

moe123

some more ukpc fines been recived do they just follow they same steps as newbies thread? or just wait to court finish different drp and normal fines come throigh... stress

catfunt

moe123 wrote: »

some more ukpc fines been recived do they just follow they same steps as newbies thread? or just wait to court finish different drp and normal fines come throigh... stress

Yes, separate process for each and every one - Appeal to UKPC, then POPLA.

If you have several, then keep a careful track on each ticket with a spreadsheet or something.

moe123

Do i do the POPLA for the court one aswell?

Coupon-mad

You can't just appeal to POPLA for the one at court stage but you will see from the example of the 'CEL' defence (the first one I showed you) that you can include in your defence a request at the end for the court to use its discretion to order the dispute to be resolved via POPLA.

It's rarely ordered but has happened (and not many poeple know to ask the court to consider it).