UKPC court papers received

HermanMunster

Hi all,

In 2013 I received a number of tickets from UKPC while my car was parked in my own residents parking area. I'd been living there for almost a year and had a UKPC permit in the windscreen the whole time. Suddenly, just before I was due to leave, I got 4 tickets in a row, despite the same permit still being in the windscreen. This was before I realised the POFA situation so, since I was leaving anyway and it was clearly rubbish, I completely ignored everything and chucked all correspondence. Got all the usual debt collector letters etc which I continued to ignore.

Anyway, a couple of weeks ago I got a letter before claim from SCS, which it seems they've been doing a fair bit recently. I acknowledged that using the advice from zzzLazyDaisy, pointing out that they hadn't followed the Practice Direction on pre-action conduct and asking for further information. They seem to have ignored this and have issued court proceedings anyway.

I'll acknowledge the court papers, but any advice on constructing the defence will be really useful. In particular, is there a way I can get copies of the photos/NTKs etc which they will be using as evidence before I submit the defence? Also, is there any further action I can take because they haven't followed the Practice Direction on pre-action conduct?

All help and advice gratefully received, thanks all.

The_Deep

Some information about UKPC which you may wish to bring to the attention of the judge.


[FONT=Times New Roman, serif]UKPC are former clampers who have been involved in quite a number of sordid scams, for example[/FONT]

[FONT=Times New Roman, serif]Hull Trading Standards took them to court on 15 counts of fraud. UKPC won all but one, but only because they had a better lawyer, a Q.C. If I recall correctly[/FONT]

[FONT=Times New Roman, serif]http://forums.pepipoo.com/index.php?showtopic=63597[/FONT]
[FONT=Times New Roman, serif] [/FONT]
[FONT=Times New Roman, serif]They were bested by a Winchester barrister [/FONT]

[FONT=Times New Roman, serif]http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**[/FONT]

[FONT=Times New Roman, serif]They were involved in a large scale scam which resulted in a DVLA suspension[/FONT]

[FONT=Times New Roman, serif]http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html[/FONT]

[FONT=Times New Roman, serif]Then they had another go, this one is still being investigated[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5390608[/FONT]

[FONT=Times New Roman, serif]And then of course there was Tracey Kiss[/FONT]

[FONT=Times New Roman, serif]http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/[/FONT]

Fruitcake

There is a link to court in the NEWBIES thread, and you can obtain a very good guide to court from the Parking-Prankster's blog site for a few quid.

HermanMunster

Thanks for the comments so far. I’ve been doing some homework and have acknowledged the court papers online. My plan of attack over the next couple of weeks is:

Send a part 18 request to the solicitors asking:

1. What is the basis of the claim? Is the claim for alleged breach of contract or a contractual fee?

2. Is UKPC making a claim as an agent of the landowner or as occupier in their own right? Please provide a copy of the full unredacted contract UKPC had in place at the relevant times with the landowner, agent or occupier.

3. How was the alleged contract conveyed to the driver? If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, a works schedule, maintenance record, and their location within the site.

4. Please provide copies of the PCN’s that UK Parking Control say were issued at the times claimed.

5. Please provide time stamped photos of the above.

6. Please provide copies of any notices to keeper that UK Parking Control sent to the registered keeper.


Thought I’d write a covering letter to emphasise the point that I had to submit the part 18 request because they completely ignored my previous response to their non-compliant letter before claim, in which I’d already requested this information, and therefore commenced proceedings without complying with the practice direction on pre-action conduct. Will also question (again!) the decision against alternative dispute resolution (also mentioned in the earlier letter). Hardly mitigating their costs!

Thinking a subject access request to UKPC for all information they hold relating to me might also be worth £10.

Will also do a land registry search to prove who I suspect the landowner is, then write a complaint to their chief executive.

Does that sound like I’m on the right track or does anyone have any further advice/suggestions at this stage? Will crack on with the defence when I’ve sent all that off. Thanks in advance for any help.

Coupon-mad

Yes that sounds like you are on the right track, the SAR is recommended by the BMPA and the land reg search can be useful.

Did you see this?

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

HTH

salmosalaris

You have a pm

Who has signed the claim form ?

HermanMunster

Thanks Coupon-mad. Yes I had seen that result which was fantastic.... Very encouraging.

Salmosalaris, yes and huge thank you. Will respond to the pm in full later today. It's signed by Andrew Morgan

HermanMunster

To update on this, been working in the background with Salmosalaris who has been brilliant. Got discontinued a couple of days before the hearing was scheduled but too late to have the hearing removed from the court list, so I went anyway and was awarded full costs for the claimant's unreasonable behaviour.

Defence and witness statements, and how I won the costs, to follow soon in case they are of use to anyone else in a similar position.

Redx

well done

seems to be a few of these residents parking cases being won in court, plus the JOPSON one was won on appeal too

see pranksters NOV blogs

System

see pranksters NOV blogs

I think this OP has already contributed to the blog.

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

The_Deep

I ... was awarded full costs for the claimant's unreasonable behaviour.

Music to my ears.

Now, if you want to cause them further discomfort, invoice them for your time. If they ignore send them a MCOL, I am sure that they will soon realise that you are not a person with whom to trifle.