UKPC vs Resident - Taking me to court :(

rebecca91

Hello all!

This is my very first post.
I have used this site for a number of years for advice,
and I do hope the helpful nature of the site can assist me in my current issue.

I am a resident at my flat (renting).
The flat in questions carpark is managed by UKPC.
The carpark has signs around it, (although we have 2 entrances, one of which actually has no UKPC sign as you come into the carpark).
The signs do state you need to display a valid permit.

I have a number of tickets that have been issued due to not displaying a permit for the space.

I received a lba previous week, and
yesterday an N1 form from the county courti stating that UKPC will be following up on 2 parking charges (£405 in total).

My contract when I moved in stated that I have a carpark space I can freely use, and has no mention of a permit.

After receiving a LBA I contacted the managing agents of the flats,
who contacted Ukpc.
The agents told ukpc I am a resident and I am able to park in the space
(a space which has the same name as my flat number)

UKPC have refused to cancel the charge, stating they have already incurred costs and will be proceeding.

Any advice will be incredibly useful, and I the thank you for your time in reading.

I do believe that as my contract as a resident does not state I need to display a permit, nor have I agreed to display a permit (although I do have one, it fell down in the wind a number of times).

UKPC cannot overwrite my contact I believe?

I have acknowledged the claim online, but worried about what to even do next? Do I file a skeleton defense on the website and then have to create my full defense?

How likely am I to win this?

Regards and thank you for reading!
Rebecca

pappa_golf

the only costs they have incured are due to thier incompitance

start writing dates down NOW

date ticket recieved
date managing agent contacted UKPC *
date you recieved the first paperwork from UKPC
date you appealed

then send this letter to the DVLA

Example Letter

[Your Address]

DVLA Vehicle Record Enquiries section

Longview Road

Morriston

Swansea

SA99 1AJ

Dear Sirs

Re: VRM AB12 XYZ

As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.

I understand there is no charge for this information and look forward to your speedy reply.

Yours faithfully

Mr Registered Keeper

*IF the date they obtained your details is AFTER the date that the managing agent contacted them then there has been a serious breech

please read http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

and consider doing the same


in the meantime , get a letter/email from the managing agent stating that he asked them to cancel on "xx" date ,


edit:

just read
"After receiving a LBA I contacted the managing agents of the flats,
who contacted Ukpc.
The agents told ukpc I am a resident and I am able to park in the space
(a space which has the same name as my flat number)

UKPC have refused to cancel the charge, stating they have already incurred costs and will be proceeding.

so forget the above , unless you win in court ,

Redx

if you have acknowledged it online and left the defence box blank , you have extended your time to file a defence to 28 days from 14 days, from the active date shown on the MCOL

you can either file a skeleton defence online within that 28 days, plus a full defence later

OR

preferably you file a full defence by post (either with free cert of posting , or recorded) in the manner described by bargepole on here

read the NEWBIES sticky thread, court sub-section and especially read the recent bargepole advice about court procedures etc

and yes there is a precedent you will be using, the recent win by another tenant against another PPC

JOPSON

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

using that as part of your defence should mean you will win as UKPC cannot override your tenancy agreement etc

also read this one too

http://forums.pepipoo.com/index.php?showtopic=109329&st=0&start=0

and

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

and this new prankster blog about UKPC and residential cases

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

bargepole

rebecca91 wrote: »

I have acknowledged the claim online, but worried about what to even do next? Do I file a skeleton defense on the website and then have to create my full defense?

How likely am I to win this?

You've already posted this question on Pepipoo, and been directed towards a number of useful resources.

There is no such thing as a 'skeleton defence', and I don't recommend submitting it online. See this link for the complete process: https://forums.moneysavingexpert.com/discussion/5546325

You are very likely to win, IF you are prepared to do some research, and follow instructions properly.

rebecca91

Thank you pappa golf, I have now sent off the email above to the DVLA ( Their site has an email to send it directly to for such cases)

I have also sent an email to the managing agents asking for written confirmation. Fingers crossed they will give this to me!

The Miltonkeynees case is interesting, and certainly I will be looking to include this. I will go through and work out what is best - Writing full defense now, or skeleton.

A lot of unnecessary stress! To begin with I was tempted to give them an offer, ultimately that have not put on the court papers anything to do with the 10/15+ other tickets i received? Only these 2. Any idea why they may not be trying to get the other amounts?

Im worried if I did fight this and loose they would then start to file a claim for the remaining ones as they have 6 years to do so!

Many thanks all

rebecca91

And thank you Barge, im trying to get as ,much advice at once through several forums

I will go through your link as advised now,

Regards

Redx

I believe you answered your own question, they are testing the waters so fight them on this MCOL and offer nothing at all

as bargepole says , prepare the full defence and use the royal mail within the 28 days window , ensuring you do not "time out"

pappa_golf

rebecca91 wrote: »

Thank you pappa golf, I have now sent off the email above to the DVLA ( Their site has an email to send it directly to for such cases)

I have also sent an email to the managing agents asking for written confirmation. Fingers crossed they will give this to me!

The Miltonkeynees case is interesting, and certainly I will be looking to include this. I will go through and work out what is best - Writing full defense now, or skeleton.

A lot of unnecessary stress! To begin with I was tempted to give them an offer, ultimately that have not put on the court papers anything to do with the 10/15+ other tickets i received? Only these 2. Any idea why they may not be trying to get the other amounts?

Im worried if I did fight this and loose they would then start to file a claim for the remaining ones as they have 6 years to do so!

Many thanks all

my post above has been edited , I did not spot the TXT saying you contacted the managing agent untill you got the LBA , you should have complained IMMEDIATLY upon finding a ticket on your car

Half_way

Interesting case on the parking prankster blog involving UKPC in a residential area ( own space) here
http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

Much as its nice to give the PPC a kick, it would be even better to give the management company a kick for your costs, ( as principal they are jointly liable for the actions of their agents) UKPC for a breach of the DPA, and another DPA breach for the DVLA

System

UKPC cannot overwrite my contact I believe?

When you write your defence, add in a counterclaim using the above case as reference. £25 court fee will get you up to £300 for the misuse of your personal information. You can join in the site's Managing Agents for free just to make them sit up.

pappa_golf

UKPC cannot overwrite my contact I believe?

indeed , and they have in fact stated this , by saying that they will not cancel NOW due to their incompetence

they have admitted that you were parked legally , and they would have cancelled if contacted earlier.

it could be said that they DID know your (or car VRN) was a residents , due to a permit being issued