How to fill out my defence for a parking fine

loobyluz

I need some help.
I've been sent a court claim for for the county court business centre and need some help in filling out my defence, I've been reading up on all you feeds and I'm just blinded by everything .. I have logged on to mcol and got an extension to defend myself.
I am the registered keeper of the car , but wasn't driving .I was at work , but I'm aware I can't just write that.
And yes I have ignored the post as I knew I wasn't in the car at the time I'm being told I was parked where they say I was.. Because I thought it was a scam and didn't take it seriously.. But now I've received a claim pack and are worried, so have been on the newbie page and now need advise as to how to get to the next stage.
Can anyone give me any advise please, I really would appreciate some
Thanks in advance

Redx

who is the PPC and claimant ?

when was the alleged incident ?

was it in england or wales ? or elsewhere ?

who is the landowner and have you complained to them ?

loobyluz

The claimant is SCSlaw , and it was Ukpc , the incident was on 23.12.2015 ,England , land owner was a furniture company and the time was 4.13 pm.
I haven't complained to the land owner either.. As I wasn't the driver and in a totally different town at the time ,

System

As I wasn't the driver and in a totally different town at the time ,

You get them to prove they met the conditions of the Protection of Freedoms Act to hold you liable. If you were not there, you did not contract with them. Then challenge signs, contracts, standing - the usual stuff if you go through the threads

... and don't mention GPEOL or loss.

The_Deep

It is a scam, you have no need to be worried. It is not a fine, it is an invoice, just as you might receive from a plumber, and they have to prove that you owe them money.

In order to do that, they have to jump through many hoops. Some almost impossible. Read POFA and you will see.

The solicitors they have hired operate at the very fringes of the law, and you should not be intimidated by their threats, or believe what they tell you, indeed some of their conduct may conflict with their code of conduct

UKPC are out and out fraudsters, read these

http://www.driving.co.uk/news/dvla-stamps-on-parking-company-that-cheated/

https://forums.moneysavingexpert.com/discussion/5509488

The usual outcome is that they chicken out or take you to court, where you usually win, and a judge awards you a small amount, (about £100), for their hubris.

loobyluz

I'm very aware they are scams, but if I don't fill out my defence correctly I'm afraid of getting a ccj for something that's not my fault and seeing as I've now got court papers ..
Ive been on the newbie bit but because I've left till now I don't know which letter to use to fit my so called offence .. Any advise is greatly received

loobyluz

IamEmanresu wrote: »

You get them to prove they met the conditions of the Protection of Freedoms Act to hold you liable. If you were not there, you did not contract with them. Then challenge signs, contracts, standing - the usual stuff if you go through the threads

... and don't mention GPEOL or loss.

Do I direct a letter to them via the court or direct to ukpc to ask them to prove this

loobyluz

Redx wrote: »

who is the PPC and claimant ?

when was the alleged incident ?

was it in england or wales ? or elsewhere ?

who is the landowner and have you complained to them ?[/The claimant is SCSlaw , and it was Ukpc , the incident was on 23.12.2015 ,England , land owner was a furniture company and the time was 4.13 pm.
I haven't complained to the land owner either.. As I wasn't the driver and in a totally different town at the time ,

Redx

you need to fill in the holding defence for the court claim , no letters unless you are sending out a part 18 request for information

so your priority is drafting a holding defence, which you will expand later as a full defence

put UKPC COURT CLAIM into the forum search box and see what others have done , as there were dozens a few months ago on here from UKPC

the fact that you were not the driver is irrelevant if they followed POFA2012, because if they have they can hold you as KEEPER liable for the drivers actions (if they havent followed POFA2012 its harder for them)

doesnt matter if you are driver or keeper , or neither , you should complain to the landowner and demand a cancellation , or get them on your side, in writing

as long as you pay up promptly if you lose in court you wont get a CCJ , a CCJ happens after maybe 28 days if you dont pay the judgment , so its ignoring the court order that gets you a CCJ

loobyluz

I also can't login again on the mcol account where I acknowledged the claim.. For some unknown reason.. So to fill out the defence do I actually send it via the post or Should this be done via mcol website, never having done this before I feel a bit clueless which annoys the hell out of me

Redx

when you acknowledged the claim it would have given you a reference number to login again

if you have this and cannot log back in , phone the court and ask for help

otherwise you will have to do it all by post which is tedious I believe

most people have never done it before so are clueless, so worry not

read this similar saga which was SCS and UKPC

https://forums.moneysavingexpert.com/discussion/5407858

it may help you with your holding defence and later with your full defence

there were a dozen or more similar cases back then