In Court with UKPC LTD -help

PKY123

HELP!!!

So I'm abit late posting here as now things have progressed quite far. But any help would be appreciated.

I received court papers for a claim from UK Parking Control Ltd represented by SCS Law.
This was the first I had heard of this and the offence was 2 years back allegedly.

I defended their claim and agreed to mediation. I have no evidence or prictures and this morning we failed to agree as they were only willing to go to £200 saying they do have evidence of a picture of the vehicle with a ticket on it and letters which were sent. Their claim was for £235.
I was only willing to offer £50 so it would go away.

Any ways now it is going to proceed to court And I need to know the best method of defence any help would be great.

Coupon-mad

Sorry but...obviously they have a picture of the vehicle with a ticket on it. This is not something worth arguing in a defence. You could have checked that on their website when you first got the PCN, by Googling 'UKPC photos' and putting in your reg no (you can't now). You would have seen their 6 or 8 photos on their webpage, ages ago.

You cannot now change your defence unless you pay a fee and get permission of the court to amend your defence (probably not worth it if you have not much more to add). So...dare I ask...what did your defence say, when you sent back the claim form or entered a defence on MCOL (online)? Please tell us you kept a copy.

That's what you are stuck with that defence - so what did it say?

PKY123

particulars

The claimant seeks £160 from the defendant in respect of an outstanding parking charge. On 4 March 2014 the defendant's vehicle registration number XXXXXXXX. Parking at the site office subject to the claimants terms and conditions which displayed on signage throughout. These terms and conditions were excepted by the driver of the vehicle.

Defence:

Defence
1. As the Particulars of Claim are drafted without numbers or
paragraphs, references to sentence numbers in this Defence are
references to the corresponding sentences of the Particulars of
Claim.

2. Sentence 1 is admitted save for the statement that the parking
charge is outstanding. The Claimant is put to proof.

3. Sentence 2 of the Particulars of Claim is agreed to the extent
that The Defendant’s vehicle is that of registration number Xxxxx The remainder of this sentence is neither agreed nor denied
and The Claimant is put to proof that the vehicle was parked at
“the site” by The Defendant.

4. The Defendant cannot admit or deny sentence 3 of the
Particulars of Claim and The Claimant is put to proof.

5. Sentence 4 is denied. The Defendant did not accept any terms or
conditions and the Claimant is put to proof that an agreement was
entered into by the Defendant.

6. Sentence 5 is denied. The Claimant is required to prove The
Defendant entered into an agreement with The Claimant. The
Defendant denies that he incurred the charge detailed in the
Particulars of Claim.

7. It is admitted that The Defendant has not paid the sum demanded
by The Claimant. It is denied that The Defendant is liable to do
so.

(a) The Claimant is required to prove they are the landowner or
instructed on behalf of the landowner and that they have the
contractual authority to issue proceedings in the Claimant’s own
name;

(b) The Claimant is required to prove The Defendant was the driver
of the vehicle at the time of the alleged offence and not merely
the owner of the vehicle.

(c) The Claimant is required to prove that their alleged loss is
proportionate to the loss that would have been caused if the
breach had occurred.

8. The Defendant denies that the sum of £160.00 is owed to The
Claimant as set out in the Particulars of Claim or at all.

9. The Claimant is required to prove that it suffered the alleged
or any loss and damage. Further or alternatively, it is denied
that The Claimant has suffered any recoverable loss. Further or
alternatively, it is denied that any loss and damage suffered by
The Claimant was caused by any act or omission on the part of The
Defendant.

10. Save as aforesaid, each and every allegation in the
Particulars of Claim is denied as if it were separately set out
and separately denied. These terms and conditions were excepted by the driver of the vehicle when he parked at the site. The driver breached the agreement by parking for longer than the allowed time, as per the signage and incurred the charge detailed below. Amount of charge £160. The Defendant has failed to pay the aforementioned charge at the time of issue

PKY123

Thanks coupon-mad I've attached the defence above.
Will need to type their particulars out too for it to make sense though oops

Redx

PKY123 wrote: »

Thanks coupon-mad I've attached the defence above.
Will need to type their particulars out too for it to make sense though oops

would be an idea to do so , then add the defence in an immediate reply so they follow on

then edit or delete post #3

Coupon-mad

Let me guess - the BMPA helped you with that? It's pretty good, very concise and looks like a basic BMPA one.

So, have you got a court date and that letter should have told you the date by which you must send the court and the claimant/their solicitors, your witness statement/full defence mentioning the exhibits upon which you intend to rely? You must serve that in time.

PKY123

Updated post #3 with particulars.

I drafted myself from reading various forums and amalgamating various defences.
I have not got dates yet. I am waiting for the court to write

System

It's a Legal Beagle's template AFAIK.

You should have a Notice of Allocation. On it will be a) the hearing date and b) the date by which you should exchange papers - usually 14 days. Have you got to (b) yet.

UKPC always seem to have issues with the landowner contract which they state they will not bring to court unless requested by the judge. They also have issues with signs. Either they are "forbidding" or they are not the ones that were there on the day. So check the paperwork so far for any "errors"

martmonk

PKY123 wrote: »

particulars

The claimant seeks £160 from the defendant in respect of an outstanding parking charge. On 4 March 2014 the defendant's vehicle registration number XXXXXXXX. Parking at the site office subject to the claimants terms and conditions which displayed on signage throughout. These terms and conditions were excepted by the driver of the vehicle.

Does it really say excepted?
As in meaning excluded? Rather than accepted?

I've no idea if that would even matter but as I'm a pedantic git I'd be arguing that their own particulars acknowledge that the driver did NOT accept the t's and c's.

PKY123

I have now had the court date and it is 30th november.
Evidence needs to be filed 14days before. What type of stuff do I need to file?

hoohoo

Might be worth checking with legal beagles, but in this situation I would consider paying (£100?) for a strike out motion or requirement to file better particulars as the particulars currently fail practice directions.

Simply put, you do not have enough information to defence the case. These cases mostly depend on signage, and you dont know what that is.