UKPC Bullying - PCN / SCS Law Stage

Coupon-mad

I am trying to expose the parking attendant

Film him. Not joking. The evidence would be dynamite at the hearing and would change hearsay to damning facts.

RastaFox

Well, the thing is since the pictures and recordings started, he is being extremely careful what he does and what he says. I have the witness statements from the managers of the shop saying he threatened the driver. Every time the driver is outside going to or from his car the attendant is on close overwatch of the driver and obviously will act an angel if someone rolls up with a phone in his face. The driver is being watched as when papers started coming in, the picture taking got intense. He wasn't​ too happy about that
I think that regarding the evidence we have as much as possible as it was heard that he was talking to some higher ups telling him not to worry and asking what type of fines he's been giving out. Whatever.

So far we have evidence to back up these facts:

The attendant threatened the driver if he continues to take pictures of the attendant and his vehicle.

He also threatened to deal with the driver himself, saying "you'll see what happens"

The parking attendant (s) are parking their cars in frequently used resident bays without a valid resident permit while their own board says these rules apply at all times for everyone (most of PCNs are about this in the case)

That he is denying the complains he submitted to drivers head office the same day (I saw the email and have the recording of him denying most of those complaints)

Photos for unreadable signs from drivers perspective when in and out of the car in high quality. Funny how the signs are unreadable at all even in their own pictures up close, maybe I should rely on theirs as evidence?

What about the statement in general? Can I send it?

Again, sorry for the lengthy posts, I could write a novel about ukpc :rotfl:

The_Deep

If it goes to court be sure to call im as a witness.

Coupon-mad

The_Deep wrote: »

If it goes to court be sure to call im as a witness.

Well that's a good point and can be written into the defence (and the subsequent WS) I would say.

You can't force the attendant to attend (they might argue it's disproportionate for him to attend!) but you could word it something like this at this stage:

20. Given that these tickets have been issued by a person who I believe and can evidence is acting as a 'rogue' attendant and given that UKPC have had a significant similar problem in recent times with:

(a) rogue attendants in more than one site, faking evidence photos

(b) a ban from the DVLA for these (admitted by UKPC) illegal practices

(c) criticism of their 'bonus scheme' which surely continues to incentivise employees to issue unwarranted PCNs, which is not allowed

I would reasonably expect this Claimant to bring the attendant to the hearing as a witness. If UKPC merely send a non-employee legal representative then I will be disadvantaged by being unable to cross examine a crucial witness, therefore, much of the Claimant's case can be dismissed as both unreliable and hearsay.

And then when you are at WS stage, you will need your evidence as well, referencing (by evidence numbering) these as part of your evidence along with all the other exhibits/photos you will later be filing with the WS before the hearing:

http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

http://www.mirror.co.uk/news/uk-news/parking-wardens-banned-getting-commission-6570475

and

http://parking-prankster.blogspot.co.uk/2017/03/ukpc-announce-new-bonus-scheme.html



HTH - you want evidence to prove it's not just you saying UKPC have a problem with rogue ticketing by people working for bonuses, contrary to the BPA Code of Practice.

I stress the evidence links are not for the defence stage, they are ready for your WS stage. No photos/evidence is submitted YET if you are only at initial defence stage.

RastaFox

Hmm, well those are good points indeeed. So with the addition of the points, should I exclude any of mine? Overall, I have pasted some points from a generic defence statement but I dont want to be in the wrong here, if the jugde asks how did they not comply with code of practice and freedoms act and so on I will not know what to say.

With added point 20 do you think it's ready to send?
What's HTH?

Also, till what stage I should keep the drivers confidentiality?

Coupon-mad

What's HTH?

https://www.allacronyms.com/HTH/Forum

RastaFox

I should learn how to use search engines this does help a lot, I wouldn't have done this without your help. So what do you think, would this be ready to send? Should I post the full one?

Coupon-mad

Yes, put up the final version of defence for us to chew over now it is the weekend.

RastaFox

OK, here's the final draft, any comments greatly appreciated, I hope to send this out on Monday.

IN THE COUNTY COURT
Claim No.: ………….

Between

UK PARKING CONTROL LTD
(Claimant)

-and-


……………………..
(Defendant)

_____________________________________________________________________

DEFENCE
_____________________________________________________________________

Introduction

1. I am ……………. , the defendant in this matter. My address for service is …………………….

2. This is my statement of truth and my defence.

3. As an unrepresented litigant-in-person I seek the Court’s permission to amend and supplement this defence as may be required upon disclosure of the claimant’s case.

4. For the avoidance of doubt on the relevant dates I was the registered keeper of a ………………., registered number ……………. .

5. I is believed that it will be a matter of common ground that the purported debt arose as the result of the issue of parking charge notices in relation to an alleged breach of the terms and conditions by the driver of the above vehicle when it was parked at ……………….. between ……… and ……….

Purported Basis of Claim

6. Further based upon the scant and deficient details contained in the Particulars of Claim and correspondence, it appears to be the claimant’s case that :

a. There was a contract formed by the defendant and the claimant on the dates of alleged breaches of contract.

b. There was an agreement to pay a sums or parking charges.

c. That there were Terms and Conditions prominently displayed around the site.

d. That in addition to the Parking charge there was an agreement to pay additional and unspecified additional sums.

e. The claimant company fully complied with their obligations within the terms of Schedule 4 of the Protection of Freedoms Act 2012.

f. The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time.

g. Further that the defendant has not paid the alleged debt.


Rebuttal of Claim

7. It is denied that:

a. A contract was formed

b. There was an agreement to pay a parking charge

c. That there were Terms and Conditions prominently displayed around the site.

d. That in addition to the Parking charge there was and agreement to pay additional and unspecified sums.

e. The claimant company fully complied with their obligations within the terms of Schedule 4 of the Protection of Freedoms Act 2012.

f. The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time.

g. That I am liable for the purported debt.

8. It is further denied that I owe any debt to the claimant or that any debt is in fact owed or that any debt exists or could have ever existed or has ever existed. That in any event the claimant has failed to comply with the requirements of the Civil Procedure Rules and that their claim is both unfounded and vexatious.
9. The claimant is put to the strictest proof of their assertions.


My Defence

10. My defence will rely principally upon the following points:

11. That the signs erected on site are incapable of forming the basis of a contract and indeed make it clear that that is not the case. Further it is trite law that a term that is forbidding cannot also constitute an offer. It is therefore denied that any contract was formed or was capable of being formed.

12. Should the claimant rely on the case of ParkingEye v Beavis, I wish to point out that there is a test of good faith.

Para 205: “The requirement of good faith in this context is one of fair and open dealing. Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Appropriate prominence should be given to terms which might operate disadvantageously to the customer.”

13. Underlining that is Section 18.3 of the BPA Code of Practice which gives clear instructions as to the placing, visibility and clarity of any signs that are used to form contracts. It says:

18.3 You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.

14. The defendant refutes that there were clear and visible signs, with Terms that formed the basis of a contact and which met the specifications above.

15. Section 7 of the British Parking Association Code of Practice outlines to operators some of the common law principles of operating on someone else's land as a licensee. One such item is written authority - a written contract - to be there. It defines the elements of this written authority as follows:

7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all the aspects of the management and enforcement of the site that you are responsible for.

In particular, it must say that the landowner requires you to keep to the Code of Practice and that either you have the authority to pursue outstanding parking charges, through the courts if necessary or that you have the authority to pursue outstanding parking charges and, with their permission, through the courts if necessary.

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a) the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined.

b) any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation.

c) any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d) who has the responsibility for putting up and maintaining signs.

e) the definition of the services provided by each party to the agreement


16. That the UKPC parking attendant No. ………. which is responsible for issuing all or most of the purported Parking charges is abusing his position to issue fraudulent Parking charge notices and has explicitly expressed his anger towards the driver.

17. That the mentioned parking attendant has threatened the driver with physical violence on 03/03/2017.

18. That the mentioned parking attendant does not adhere to his own company’s parking rules by parking his personal vehicle in a occupied resident parking bay without displaying a resident parking permit.

19. That several Parking charges have been issued without any reason or evidence to support the implied reasons.


20. Given that these tickets have been issued by a person who I believe and can evidence is acting as a 'rogue' attendant and given that UKPC have had a significant similar problem in recent times with:

(a) rogue attendants in more than one site, faking evidence photos

(b) a ban from the DVLA for these (admitted by UKPC) illegal practices

(c) criticism of their 'bonus scheme' which surely continues to incentivise employees to issue unwarranted PCNs, which is not allowed

I would reasonably expect this Claimant to bring the attendant to the hearing as a witness. If UKPC merely send a non-employee legal representative then I will be disadvantaged by being unable to cross examine a crucial witness, therefore, much of the Claimant's case can be dismissed as both unreliable and hearsay.

21. In view of all the foregoing the court is invited to strike the matter out of its own motion.

22. The claimant is put to strict proof of the assertions they have made or may make in their fuller claim.

This statement is true to the best of my knowledge and belief.

Signed ______________________ Dated 09-04-2017

RastaFox

any last words? I would need to send it today