Claim Form after PCNs, DRP

georgeg12

The_Slithy_Tove wrote: »

Yes!

Their claim, particularly the amount they are wanting, is completely unwarranted. If you want to get rid of it, you could try offering a smaller amount (Parking Eye have been known to settle for as little as £25). DO NOT pay the full amount - it's been artificially inflated to suit their greed. Even if you were to defend in court and lose, it's highly unlikely you'd end up paying the full amount.

Ok, so I have just sent of my acknowledgement of service.


Now I need to prepare a defence?

Coupon-mad

Yes indeed, look at the summary by bargepole about what happens when and what to do/which boxes to tick. It's a link under 'Small Claim?' in the NEWBIES thread.

georgeg12

Coupon-mad wrote: »

Yes indeed, look at the summary by bargepole about what happens when and what to do/which boxes to tick. It's a link under 'Small Claim?' in the NEWBIES thread.

great, read through bargepoles thread a few times now.

next stage is the defence statement right?

Coupon-mad

Yes that is right. Search this forum for 'UKPC Court defence' and you will find we had a flurry of cases in March, showing a draft defence as an example you can crib from although they were a bit long, could be cut down a bit.

Then come back here and show us your draft.

If your case is about non-display of a permit ('not authorised') or parking somewhere they say is 'no parking' then you can use the recent court wins to your advantage in your defence too. 3 x PCM cases and the UKPC case won by bargepole and salmosalaris' team effort, from this week, both discussed here and in the Parking Prankster's blogs.

georgeg12

Coupon-mad wrote: »

Yes that is right. Search this forum for 'UKPC Court defence' and you will find we had a flurry of cases in March, showing a draft defence as an example you can crib from although they were a bit long, could be cut down a bit.

Then come back here and show us your draft.

If your case is about non-display of a permit ('not authorised') or parking somewhere they say is 'no parking' then you can use the recent court wins to your advantage in your defence too. 3 x PCM cases and the UKPC case won by bargepole and salmosalaris' team effort, from this week, both discussed here and in the Parking Prankster's blogs.

Thank you so much..I will get on that tonight. Its about non-display of a permit.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/5460756

https://forums.moneysavingexpert.com/discussion/5451157

HTH

georgeg12

could anyone discuss with me via private message the defence statement as i know some of these UKPC scammers scan sites like this for cases. Would really appreciate it, I have an idea just don't want to post it publicly.

georgeg12

Ok so I have drafted this I'm not really sure if its sufficient enough or needs to add key terms in order to make it a little easier to settle.

I defend this court claim on the basis's mentioned below:

The signage was not clearly shown on arrival and where the car was parked there was no signs (I have looked at the signage and the font size for the extra £60 is ridiculous never going to read that from a distance).

When going trough the university gates where I have to be let in by security they did not direct me where to go on arrival.

I feel the company or the university has inflicted ZERO loss in this case as I was only there to hand an assignment in for a period of 30-45mins.

I will have to confirm this, but after reading another post it is likely that the person who issued me the ticket was not employed by UKPC.


Thats all I have so far please advice I have a few days left to send this off.

Herzlos

Don't go into the what happens, just the legal details.

Have you named the driver? If not, then you can claim there's no keeper liability, since POFA2012 hasn't been adhered to (list the violations).

You can also claim that UKPC don't have any actual authority to issue invoices at the site, and need to see a contract.

You can also suggest the Aziz test applies; that no-one in their right mind would agree to pay £60 to park.

If the signage says something like "Permit holders only" then you can claim there's no contract given to park, since you can't contract to do something that is forbidden, and as such it counts as trespass which can only be pursued by the landowner for nominal damages and not a fictional contractual sum.

georgeg12

Herzlos wrote: »

Don't go into the what happens, just the legal details.

Have you named the driver? If not, then you can claim there's no keeper liability, since POFA2012 hasn't been adhered to (list the violations).

You can also claim that UKPC don't have any actual authority to issue invoices at the site, and need to see a contract.

You can also suggest the Aziz test applies; that no-one in their right mind would agree to pay £60 to park.

If the signage says something like "Permit holders only" then you can claim there's no contract given to park, since you can't contract to do something that is forbidden, and as such it counts as trespass which can only be pursued by the landowner for nominal damages and not a fictional contractual sum.

Thank you so much, this has really helped me a lot. I will adjust the statement in conjunction with what you have suggested. I will re-post later and if you could advice again that would be great. Also what format should it be bullet point?