How to prepare for UKPC court case?

Coupon-mad

Jt16 wrote: »

Yes it was Brunel...

As of yet they have failed to include detailed particulars claiming that I will receive them within 14 days so how does one make a defence based of " The claimant claims on the defendant in the sum of £480 in respect of unpaid parking notices issued as a result of the defendants breach of the terms and conditions of parking at a site managed by the claimant I will provide the defendant was a pretty good but it is within 14 days after service of the claim form"

Have a look at Anthony94's thread, he beat UKPC re several Brunel Uni charges and his defence was shown in this thread in the Spring. He won in early Summer (had a good Judge!).

Jt16

As of yet, I haven't acknowledged.

To date I have only found one other case similar to my own however it is not my research skills that needs to be questioned. Clearly I am unfamiliar to all court related proceedings/practices etc so bare with me.

bargepole

Jt16 wrote: »

2) submit my defence now as I do wish to counterclaim fro expenses as the court of over 160 miles as a round trip

You won't have a 160 mile round trip. Presumably you're basing that on Northampton, but that's just an admin centre where all claims start off. Once it becomes a defended claim, you will get a Directions Questionnaire which allows you to transfer the case to your local County Court.

In any event, you do not 'counterclaim' for your costs, you ask the Judge to award them at the end of the hearing, if you win.

Coupon-mad

Jt16 wrote: »

As of yet, I haven't acknowledged.

To date I have only found one other case similar to my own however it is not my research skills that needs to be questioned. Clearly I am unfamiliar to all court related proceedings/practices etc so bare with me.

There are loads of UKPC ones but Anthony94's is probably most similar, as it's at Brunel. You do need to read the info already on here because you'd soon have seen that no-one travels to Northampton (unless your local CC is in that town!).

Read 'Small Claim?' the heading in the 'NEWBIES PLEASE READ THESE FAQS FIRST' sticky thread, where a link by bargepole (who answered you earlier) explains about the paperwork and how to fill it in/what happens next. It's there for newbies who are ALL unfamiliar with court related proceedings/practices, etc., including Anthony94 who was clueless when he first rocked up here, but he happily copied and adapted a defence from what he read in other UKPC defence/claim threads.

Not saying everyone wins. Joe_R on pepipoo forum did not, the other week, nor did Sam84 (on here) this past week. Both appeared to have more difficult Judges than Anthony94 - it can be a lottery in small claims but this is well worth defending, costs you no fees just time, and risks no CCJ as long as you do not miss any court deadlines.

Jt16

Afternoon all,

I have received the case particulars and will begin to draft my initial defence, now at this point I have seen various drafts/completed defences and plan to use these as a basis. I believe it is best to keep the defence specific to the claim within including to much information, what else would need to be included.

Jt16

Does the part 18 need to be posted is it possible to send an email instead?

Coupon-mad

Jt16 wrote: »

Does the part 18 need to be posted is it possible to send an email instead?

Email is OK.

Jt16

ADDRESS
DATE

UKPC and address
SOLICITORS NAMES AND ADDRESS

COUNTY COURT NAME AND NO.
DEFENDANT
CLAIMANT

Request made under Part 18

The county court claim details an invoice to UKPC for unpaid parking notices. It is apparent that claimant has failed to provide both necessary and credible information to the party’s legal representatives XXXX as subject to Civil Procedure Rules. The following questions will create clarity that is imperative to identifying case specifics.

Is UKPC making the claim as the legal occupier of the land? Is the claimant acting as the agent of the landowner? Therefore the latter requires a copy of the contractual agreement between the claimant and the land proprietor in this case is Brunel University.
All documentation pertaining to the claim with specific reference to breach of contract detailing photos of signage in situ on the date of the events. Furthermore evidence in the form of invoices/receipts/maintenance records to prove the date of installation.
Is the claim made in direct reference to breach of contract? If not is the amount detailed within the claim the price for parking under contract or the pre-estimated financial loss
Is the registered keeper being held liable under the POFA and if so all documentation including the Penult Charge Notice and Notice to Keeper are required
Are the signs present upon entering the site on the dates stated within the claim. If so were those applicable to the Parking Association's Code of Practice Appendix B or the Independent Parking Committee’s Schedule 1

Answers to the aforementioned questions need to be completed within seven days. The answers must also have a sworn Statement of Truth by authorised personnel.

Before this is sent to the solicitor are there any amendments?

Many thanks

Coupon-mad

Jt16 wrote: »

ADDRESS
DATE

UKPC and address
SOLICITORS NAMES AND ADDRESS

COUNTY COURT NAME AND NO.
DEFENDANT
CLAIMANT

Request made under Part 18

The county court claim details an invoice to UKPC for unpaid parking notices. It is apparent that claimant has failed to provide both necessary and credible information to the party’s legal representatives XXXX as subject to Civil Procedure Rules. The following questions will create clarity that is imperative to identifying case specifics.

Is UKPC making the claim as the legal occupier of the land?

Is the claimant acting as the agent of the landowner? Therefore the latter requires a copy of the contractual agreement between the claimant and the land proprietor in this case is Brunel University.

[STRIKE]All documentation pertaining to the claim with specific reference to breach of contract detailing photos of signage in situ on the date of the events.[/STRIKE]

All photos taken on the occasion(s) are required, showing the car and the location of and wording of the sign including any monetary sums on the sign (whether they be 'parking charges' or tariffs or other additional costs).

How have what appear to be three parking events - at most, 3 x £100 - escalated to a claim of £480. Please provide a breakdown of this sum and proof that any added costs/indemnity has actually been incurred and paid by UKPC.

[STRIKE] Furthermore evidence in the form of invoices/receipts/maintenance records to prove the date of installation.
Is the claim made in direct reference to breach of contract? If not is the amount detailed within the claim the price for parking under contract or the pre-estimated financial loss[/STRIKE]

Is the registered keeper being held liable under the POFA and if so all documentation including the [STRIKE]Penult[/STRIKE] Parking Charge Notice and Notice to Keeper are required.

[strike]Are the signs present upon entering the site on the dates stated within the claim. If so were those applicable to the Parking Association's Code of Practice Appendix B or the Independent Parking Committee’s Schedule 1 [/STRIKE]

Answers to the aforementioned questions need to be completed within seven days. The answers must also have a sworn Statement of Truth by authorised personnel.

I would change it as shown above, no need to ask whether the charge was based upon any loss because it wasn't and doesn't have to be.

Have you acknowledged the claim now? How long do you have now for defence?

Have you read today's threads and seen that two posters have just won v UKPC on unclear photo evidence of signs/where the car was actually parked? Read them (no links given, they are here updated today, easy to find!). You should send a private message to those two and to Anthony94 - click on their usernames. In all cases, ask for their claim number and court/date and Judge, especially useful would be Anthony94's claim number/court/date and Judge's name, so you can quote his case in your defence as it's the same place.

Jt16

Yes I have acknowledged the claim and I will look through those threads.
I will also make the amendments and get that sent of ASAP as I plan to start on my defence.
I have 19 days left to submit a defence.