UKPC County Court Claim

Coupon-mad

Just adding to the end although this may make it too long so you may have to lose some waffle from each bullet point from the start:



13. If the driver(s) on each occasion were considered to be trespassers if not allowed to park there, then only the landowner can pursue a case under the tort of trespass, not this Claimant, and as the Supreme Court in the Beavis case confirmed, such a matter would be limited to the landowner themselves claiming for a nominal sum.

14. The signage makes no offer of any contract or licence to park so this cannot be a matter of an agreed contract breached.

15. Yellow lines do not communicate a 'no stopping zone'. The Claimant has not evidenced that the vehicle was observed for sufficient time to exclude possible exempt activity on what purported to be double yellow lines copied from similar Council markings used on-street, as defined in the Highway code.

16. The Defendant contends there appears to be nothing legible adjacent to the vehicle to communicate this was private land and terms/restrictions were unlikely to have been seen. The authority for this is Vine -v- London Borough of Waltham Forest; CA 5 Apr 2000.

17. 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 a pre-agreed parking operator funded cost of £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.

18. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Sam84

Thanks so much, really appreciated. I have tweaked the defence and am happy with it now.

I will keep the thread updated to help anyone else.

Sam84

Ok, I have now received the questionnaire from the court and am happy filling out most boxes (after reading the NEWBIES thread). There are two questions I am unsure of:

"Are you asking the court's permission to use the written evidence of an expert?"

"How many witnesses, including yourself, will give evidence on your behalf at the hearing?"

Any help, appreciated as always.

System

"Are you asking the court's permission to use the written evidence of an expert?"

No

"How many witnesses, including yourself, will give evidence on your behalf at the hearing?"

Unless you are bringing along a number of people this should just be yourself (1) as any other comments/witnesses can be done by Witness Statement.

Sam84

Perfect, thanks.

As this is my mothers case, do I leave "How many witnesses, including yourself, will give evidence on your behalf at the hearing?" as '1'? I would attend court with her (but I am not a witness...have I answered my own question?!)

Coupon-mad

Yes, it is just one. Your mother.

Sam84

UPDATE:

Letter received from UKPC...they do not wish to continue with the County Court action and the case can be considered closed. Great news...only worry is that there is nothing on the moneyclaim website (that just states that the case has been transferred to a local court?)

In addition all UKPC signage has disappeared from the housing development!

Some other family members are also going through the same thing so heres hoping their cases go the same way.

Thanks all for your help.

System

The form that UKPC need to send to the court is a Notice of Discontinuance like this one. Ask when it was sent and check with the court it has been received

http://www.screencast.com/t/sMEmgeEA

Sam84

Surprise, surprise...the court have not received a Notice of Discontinuance and a court date in September has been given.

Two other family members who also sent a very similar defence have been given court dates in August (they did not receive a letter from UKPC saying they would not be continuing).

UKPC signs have now been removed and are not in place throughout the development so I think UKPC are trying it on. Is there a way this could be mentioned to the court? Would my family (the defendants) just say it in the hearing or add it to a witness statement sent to SCS / Court earlier?

I don't fully understand what happens now...I realise they need to attend on the date set in their summons, but do we re-submit the defence, send a witness statement (not sure what this is exactly?) or just turn up?

Thanks in advance for any advice.

Coupon-mad

I don't fully understand what happens now...I realise they need to attend on the date set in their summons, but do we re-submit the defence, send a witness statement (not sure what this is exactly?)

Yes. Google search 'BMPA witness statement' to see an example. In your case you can send a copy of that UKPC letter straight to the local court and state that yours and the court's time is being wasted because UKPC are intending to discontinue.

But confirm also that, if you hear nothing by August to confirm the claim is struck out/withdrawn then you will comply with the court's Directions and will submit your witness statement/defence to all parties - and you fully intend to claim for your full costs in the matter including time off work to attend a hearing that should not be going ahead at all.

You could send a copy of that to UKPC to rattle their cage to discontinue, telling them you have shown the court their letter. Email:

appealmoreinfo@ukparkingcontrol.com

HTH