UKPC Court claim

TommyG5

Thanks both of you. So good of you to give up your time to help others out!

So as people that seem to have experience in these matters. If this goes to a court room (or round a table etc) what else will I need to know to back up my defense points? Will I need to be able to quote laws/ cases? Or will the defense points stand up on their own?

I am concerned that I will make a defense point and UKPC/ SCS will counter and i will be there like a wally with nothing else to counter back! Am I right in thinking these discussions/ court ruling have nothing to do with whats fair but actually about whats provable?

Coupon-mad

TommyG5 wrote: »

If this goes to a court room (or round a table etc) what else will I need to know to back up my defence points? Will I need to be able to quote laws/ cases?

Yes - to an extent - such as being familiar with the Beavis case and what made the Judges decide in that case that the charge was enforceable. Much was made of signs being in 'large lettering' and legible and 'prominent', nothing like a UKPC pale sign with £100 buried in small print!

Also read Vine -v- London Borough of Waltham Forest; CA 5 Apr 2000.

And be familiar with paragraph 8 of the POFA which is in bullet points (about the NTK) and para 2 (about 'adequate notice of the charge' being required).

I am concerned that I will make a defence point and UKPC/ SCS will counter and i will be there like a wally with nothing else to counter back! Am I right in thinking these discussions/ court ruling have nothing to do with whats fair but actually about whats provable?

You should not look like a wally and small claims is for the ordinary man in the street, watch a few episodes of 'Judge Rinder' (not quite the same) and see those who fare best are those with evidence and who look honest and prepared.

The court DOES have to consider fairness as well, in any consumer contract dispute but UKPC will counter that with the Beavis case. So you then counter that this is not like the Beavis case...signs/facts of the case differ/this falls foul of the penalty rule as (unlike the unusual commercial justification about the car park and ownership/contract and licence to park in the Beavis case) it serves no 'legitimate interest' and is merely punitive.

You need to renumber your defence points having removed #15.

The_Slithy_Tove

TommyG5 wrote: »

-Would not quantify damage as it was a parking charge, in line with Schedule 4 of POFA. They have said Parking eys v Beavis UKSC 67 confirsm the amount will be recoverable provided it is proportionate to a legitimate interest?

So you challenge them on the basis that they have no legitimate interest in the land. They don't, so won't be able to prove they do. In fact, you challenge them that they are not able to even offer a contract to park on land where the right to park is already granted by virtue of the leases.

TommyG5

@ Slithy tove - you mean because they are just put in place by the management comp? and not land owners?

Would I put that in my defense that I submit online or just use that in the room?

Menik

I received a penalty notice on 11/2015 for not displaying my parking permit properly. I made an appeal to UKPC within 28 days on 1st class recorded delivery. However, I did not receive a response until I went on holiday in December. On my return I found the letters that were sent by UKPC. They have completely ignored my appeal and doubled the penalty charge instead.

2 days later I received a letter from DRP (Debt recover Plus Ltd) demanding for £160 failing which threatening to take me to courts. I contacted them requesting to revert it back to the original amount as I have already appealed well within the time period given.
Today I received another letter with an offer of a reduced payment offer of £136. If not settled threatening to purse court proceedings.
What can I do in this case?. Can they actually take me to courts?
I have all the evidence to show that I have appealed within 28 days. However, UKPC never responded to the appeal.
Can you please advise? Thank you for giving up your time on others.

Coupon-mad

TommyG5 wrote: »

@ Slithy tove - you mean because they are just put in place by the management comp? and not land owners?

Would I put that in my defense that I submit online or just use that in the room?

You can't add new points at the hearing. So add it to the defence as another point or within an existing point about the contract 'offered':

This claimant is unable to re-offer a contract to park on more onerous terms than those already offered and accepted within the lease, which grants an easement/right to park for residents and an entitlement to peaceful enjoyment.

Coupon-mad

Menik wrote: »

I received a penalty notice on 11/2015 for not displaying my parking permit properly. I made an appeal to UKPC within 28 days on 1st class recorded delivery. However, I did not receive a response until I went on holiday in December. On my return I found the letters that were sent by UKPC. They have completely ignored my appeal and doubled the penalty charge instead.

2 days later I received a letter from DRP (Debt recover Plus Ltd) demanding for £160 failing which threatening to take me to courts. I contacted them requesting to revert it back to the original amount as I have already appealed well within the time period given.
Today I received another letter with an offer of a reduced payment offer of £136. If not settled threatening to purse court proceedings.
What can I do in this case?. Can they actually take me to courts?
I have all the evidence to show that I have appealed within 28 days. However, UKPC never responded to the appeal.
Can you please advise? Thank you for giving up your time on others.

Please delete this post, this is not your thread and not comparable at all. This poster needs help with a court claim and this is his thread.

You need to simply read what is already here:

https://forums.moneysavingexpert.com/discussion/5035663



The forum helps you best when you read what's here.

actor63_2

I was driving in Hungary last year and paid my vignette as i have done before. I then got a fine through the post off EPC euro car parking with a photo of my van stating that i had been fined £54 not knowing if this was a scam I emailed them after telephoning them several times but no answer. eventually i got an email stating that i had not paid the correct vignette (it had gone up in May 2015) So i paid the fine and then got a letter stating that the fine had gone up to £185, but i had paid the fine so i ignored the letter. i then get a letter a month later stating that I had not paid the fine and that it had gone up to £185, i sent details by recorded post and email of the receipt i received off them of my payment. they then took several days to reply and I have now received a letter stating that I owe £128 and an email stating that I owe £127, do i pay it or ignore it, what are my options. the letter states I quote: (Please note that any further communication which does not contain new pertinent information or evidence will not be entertained or replied to)

beamerguy

actor63 wrote: »

I was driving in Hungary last year and paid my vignette as i have done before. I then got a fine through the post off EPC euro car parking with a photo of my van stating that i had been fined £54 not knowing if this was a scam I emailed them after telephoning them several times but no answer. eventually i got an email stating that i had not paid the correct vignette (it had gone up in May 2015) So i paid the fine and then got a letter stating that the fine had gone up to £185, but i had paid the fine so i ignored the letter. i then get a letter a month later stating that I had not paid the fine and that it had gone up to £185, i sent details by recorded post and email of the receipt i received off them of my payment. they then took several days to reply and I have now received a letter stating that I owe £128 and an email stating that I owe £127, do i pay it or ignore it, what are my options. the letter states I quote: (Please note that any further communication which does not contain new pertinent information or evidence will not be entertained or replied to)

This is not your thread ??? Please start your own and delete this post, its called hijacking.
NEW THREAD = HELP
READ THE NEWBIES THREAD FIRST PLEASE

TommyG5

“ 9. The Protection of Freedom Act 2012 Schedule 4 has not being complied with. ….
”
Keep the above in as you are a keeper defendant - but drop the one below:

How shall I expand on this? is it just a check list of the ntk vs what they are supposed to do? (annoyingly they seem to have done an ok job)

Also they need to identify creditor, I cant seem to find it on the NTK, who will be the creditor UKPC?