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Claim Form Court UKPC

moe123
Posts: 82 Forumite

Dear all,
I've recived a number of fines from UKPC, i've ignored these letters and now have a claim form sent from Country Court Business Centre - stamped the county court. Tomorow I'am planing to go to the citizen advice bureau just to see what they have to say i will aslo be taking a letter with me which i will attach below. I also know where i was parked i believe at that time so im planing to find the landlord. What do i now do with the clament form? how do i respond? the issued date was the 4th so i have till the 18th to respond thank you!
Dear UKPC
Re PCN number:
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:
1. Who is the party that contracted with your company for the provision of their services? I require their contact details.
2. What is the full legal identity of the landowner?
3. 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.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that purportedly were on site which you contend formed a contract with the driver on that occasion.
If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.
In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.
Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.
Yours faithfully,
I've recived a number of fines from UKPC, i've ignored these letters and now have a claim form sent from Country Court Business Centre - stamped the county court. Tomorow I'am planing to go to the citizen advice bureau just to see what they have to say i will aslo be taking a letter with me which i will attach below. I also know where i was parked i believe at that time so im planing to find the landlord. What do i now do with the clament form? how do i respond? the issued date was the 4th so i have till the 18th to respond thank you!
Dear UKPC
Re PCN number:
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:
1. Who is the party that contracted with your company for the provision of their services? I require their contact details.
2. What is the full legal identity of the landowner?
3. 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.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that purportedly were on site which you contend formed a contract with the driver on that occasion.
If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.
In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.
Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.
Yours faithfully,
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