UKPC - County Court Claim Defence and Process

Umkomaas

Looks OK - pebble thrown into the pool, see how far the ripples extend!

Coupon-mad

Yes I agree, it looks like you have covered the bases you need to. There is some repetition there which might make it a little long to fit in the MCOL defence box but give it a go and check before submitting it. If it's too long, lose some repetition or amalgamate similar points into one.

IndigoMondayToyota

Hope everyone's evenings are going well.

Just wanted to say thank you to all that helped with the defence. I have now sent this off via MCOL, and will wait to hear back from SCS Law / UKPC.

The defense surprisingly fit as it was under the 122 line limit!

IndigoMondayToyota

So my HA said they never received my complaint...

So I'm having to resend it to an email address. Hopefully this one gets picked up reasonably quick, so then I can find out if they can strike it, or whether I'd be able to claim the losses through them as the PPC are acting as agents of the landowner, no? (This was something I saw on this board, wasn't sure if it was still relevant.)

Coupon-mad

It is trite law that the principal is liable for the actions of their agent, yes.

IndigoMondayToyota

Just so I'm clear, if I do lose this, my HA can pay for it instead of me (or I pay and I claim it back on HA)?

Coupon-mad

Not that simple at all!

You'd have to sue the HA successfully (or threaten to) and find reasons why they are liable for a loss. A Judge might well decide they were right to have parking enforcement and there were no unfair actions by the agent, especially if you lose the UKPC case. If so, it would be hard to show you have a cause of action in the courts against a principal who contracted an agent who a Judge found had issued an enforceable charge.

So, not that simple but the HA won't like you threatening to ask for them to have to appear as a witness at a court hearing...keep pushing that. Take them out of their comfort zone.

IndigoMondayToyota

Good evening all.

Just a quick update. I've received the SAR from UKPC this morning.

Is there anything I should be keeping an eye out for, and should I group this with the original letters which I received?

Thanks.

Umkomaas

IndigoMondayToyota wrote: »

Good evening all.

Just a quick update. I've received the SAR from UKPC this morning.

Is there anything I should be keeping an eye out for, and should I group this with the original letters which I received?

Thanks.

What exactly have they sent to you? Can you list the contents to start with?

IndigoMondayToyota

Sorry. This is what it contained:

One page to say:
"Dear Mr. XXXX,

As per your recent request for a SAR, please find enclosed all info held by UKPC regarding your vehicle XXXXXXX and the XX (amount) parking charges attached to this vehicle.

We trust this satisfies your request."

All but one contain a computer version of the PCNs (to enlarge the writing), all have a NTK letter, all have a Final Reminder letter, and all have a page with 6 pictures (would you like more info on pictures? If so, like what?)

FYI - They sent one more than the amount they are originally claiming for which makes perfect sense (one final PCN as a slap to the face before I sold the car! Reminds me, I need to appeal this and follow the "newbie" thread :rotfl:).