Recieved Claim form from Court in respect of UKCPS

taffyd

Have aske DVLA for FOI request and made a 'subject access' request to UKCPS courtesy of iadvice received from BMPA. That site also has given me the signage that was there prior to the new signage that has been erected. However, some of the new signage is already in a state of disrepair. It is my intention to revisit the car park frequently and update my photographs to show lack of good supervision.

However, the more I learn the more I realise that this car park is operating 2 systems. A collection on site, by way of a lady in a car taking £2 cash with no tickets issued - this only happens on match days and at the weekends. The rest of the working week it is permit parking operated by UKCPS. However, last Saturday it would appear both systems were in operation as the lady in the car openly said the signage ought not to be there as she couldn't remove it due to the metal ties used to affix them instead of the usual Nylon ties.

I am assuming I ought now try to begin my defence and post it on here for your suggestions. I take it I need to be careful not to name places, names etc since this is a public site that I assume is monitored by UKCPS?

Regards,

Taffyd

Taffyd

beamerguy

taffyd wrote: »

I take it I need to be careful not to name places, names etc since this is a public site that I assume is monitored by UKCPS?

Regards,

Taffyd

Taffyd

YES remain anonymous, PPC's do look at this site and despite constant lessons to them, they still get the rubbish bag out.

They are perfect for the Dunces Hat

On some PPC websites, they claim that forums like these have "armchair lawyers" but it is so strange that they themselves send armchair lawyers to court and
they lose
Our "armchair lawyers" play a big part in them losing

Easy to see who are the best then

Coupon-mad

I would have another conversation with the lady next Saturday and record it (not illegal).

I am assuming I ought now try to begin my defence and post it on here for your suggestions. I take it I need to be careful not to name places, names etc since this is a public site that I assume is monitored by UKCPS?

Yes, if you have acknowledged the claim as explained n the NEWBIES thread post #2. That extends the time to defend by another 14 days.

taffyd

Hi again,

I submitted my defence and I received the notice of 'proposed allocation to the small claims track'

Do I take it that UKCPS will now have a copy of my defence.

What do I do with this form? I know have can have the court where it is heard changed to a court nearer my home.

I have not posted my defence on the forum yet as I also know that these firms monitor this and other sites. However, if they now have a copy of that defence I assume it is now OK to post it on here?

Do I take up the option of mediation?

I have until the 22nd June to file the Small Claims Questionnaire (Form N180).

Who are all the 'other parties' I must serve copies on and how is this done?

I also followed your advice and did a FOI request to the DVLA and to UKCPS. I know my cheque was cashed by UKCPS but have recieved nothing from either??

Need your advice again please.

Regards,

Taffyd

waamo

You may as well post up your defence, the ppc get to see it anyway. Media a waste of time.

taffyd

Defence:


I have used the (Name of Car Park) car park for all the (Football Team’s Name) Home

games for part of the Football Season 2015/16 and all of 2016/17.

The procedure up to the point of this claim was to turn up park on

the land and pay £2 to a lady sitting in a car at rear wall of

this car park. I only ever used this plot of land on home match

days as it was convenient and easy on busy match days. The Home

match prior to Christmas was on the 17/12/16. I parked our car on

the (Name of Street/Car Park) land mentioned but on this occasion there was no




one present to pay. My wife and I searched but could find nobody

and assumed the person, who was normally there to collect our fee

was ill or on holiday. It was the start of the Xmas school

holidays.


We returned to the car park on the 2nd January. This was a Monday

and the New Year Bank Holiday. Again, we found no one available to

pay, we were late, I recall at 2:30pm. The car park was full with

lots of people milling around, we assumed with the same question

as us as to who to pay. We left without paying.




Some days later my window cleaner knocked on the door and asked if

we'd seen the PCN stuck to the car. This was Thursday 12th

January. As the PCN was stuck where the tax disc is normally

affixed and the car was out of view of the house we had not

noticed it.


I responded and was surprised to learn that my letter to UKCPS was

taken as my appeal and that as it was beyond the time permitted I

could now no longer appeal.


I have since revisited the car park again on the last Saturday

home match day of the season. Surprisingly we noticed the lady in

her car and when we questioned her she said she was the land

owner’s sister-in-law and that on the 2nd, because it was a Monday

then it was permit parking only. So, we questioned her about the

signage and she agreed it was new as she said ' It is incorrect

as it has been affixed with stainless steel clips instead of the

usual nylon clips.' This meant that on match days (Saturdays and

the only day we have ever used the car park) she could not remove

the signs so she could levy her £2 charge correctly.


Thus, on this Saturday we had the anomalous situation where the

signs indicated that the car park was governed by permit only

signs, newly erected, and a car park charge of £2 levied by the

lady in car (Registration Number - I have this registration number photographed) - A Vauxhall Corsa 3door).

On questioning the lady further she informed us that they never

prosecute and that the chap who issued the PCN was too

tenacious. We had no idea what she meant by that remark.


Thus, my defense is that as I only ever usually use the car park

on Saturday Home Match days I could never have known (as it appears

the signs are removed or suspended on Saturday Home Match Days)

that the car park was permit only Monday to Friday on week's when

there is a home match and that at other times, when there is no

home match the car park seems to be permit only Monday to

Saturday.

As we visited on a Monday we seem to have been caught in this

anomalous trap. However, as this was a National Bank Holiday I

would have expected on this Monday that the usual non-permit

operation be in existence i.e., The Lady in the car collecting her

£2.


The signs, newly erected and poorly maintained by UKCPS, indicate

none of these differing systems and as I have never used the car

park at these 'other permit times' I could never have known that
this was the system in operation and I would probably not have

used the car park.


I have visited the car park on several occasions since to take

photographic evidence of the poor maintenance and have photographs

that show this over time and of the Car with the Lady in on

Match day Saturdays


I am also concerned that the PCN was affixed to the bottom left of

my windscreen where my tax disc has traditionally been affixed and

where we also have a car parking permit still affixed for my

wife's place of work. This served to delay us discovering the PCN

and in the event we did not discover it as it was my window cleaner

who did. This meant we had no time to construct a proper appeal.


Regards,


(My Signature)

taffyd

Defence:


I have used the (Name of Car Park) car park for all the (Football Team’s Name) Home

games for part of the Football Season 2015/16 and all of 2016/17.

The procedure up to the point of this claim was to turn up park on

the land and pay £2 to a lady sitting in a car at rear wall of

this car park. I only ever used this plot of land on home match

days as it was convenient and easy on busy match days. The Home

match prior to Christmas was on the 17/12/16. I parked our car on

the (Name of Street/Car Park) land mentioned but on this occasion there was no




one present to pay. My wife and I searched but could find nobody

and assumed the person, who was normally there to collect our fee

was ill or on holiday. It was the start of the Xmas school

holidays.


We returned to the car park on the 2nd January. This was a Monday

and the New Year Bank Holiday. Again, we found no one available to

pay, we were late, I recall at 2:30pm. The car park was full with

lots of people milling around, we assumed with the same question

as us as to who to pay. We left without paying.




Some days later my window cleaner knocked on the door and asked if

we'd seen the PCN stuck to the car. This was Thursday 12th

January. As the PCN was stuck where the tax disc is normally

affixed and the car was out of view of the house we had not

noticed it.


I responded and was surprised to learn that my letter to UKCPS was

taken as my appeal and that as it was beyond the time permitted I

could now no longer appeal.


I have since revisited the car park again on the last Saturday

home match day of the season. Surprisingly we noticed the lady in

her car and when we questioned her she said she was the land

owner’s sister-in-law and that on the 2nd, because it was a Monday

then it was permit parking only. So, we questioned her about the

signage and she agreed it was new as she said ' It is incorrect

as it has been affixed with stainless steel clips instead of the

usual nylon clips.' This meant that on match days (Saturdays and

the only day we have ever used the car park) she could not remove

the signs so she could levy her £2 charge correctly.


Thus, on this Saturday we had the anomalous situation where the

signs indicated that the car park was governed by permit only

signs, newly erected, and a car park charge of £2 levied by the

lady in car (Registration Number - I have this registration number photographed) - A Vauxhall Corsa 3door).

On questioning the lady further she informed us that they never

prosecute and that the chap who issued the PCN was too

tenacious. We had no idea what she meant by that remark.


Thus, my defense is that as I only ever usually use the car park

on Saturday Home Match days I could never have known (as it appears

the signs are removed or suspended on Saturday Home Match Days)

that the car park was permit only Monday to Friday on week's when

there is a home match and that at other times, when there is no

home match the car park seems to be permit only Monday to

Saturday.

As we visited on a Monday we seem to have been caught in this

anomalous trap. However, as this was a National Bank Holiday I

would have expected on this Monday that the usual non-permit

operation be in existence i.e., The Lady in the car collecting her

£2.


The signs, newly erected and poorly maintained by UKCPS, indicate

none of these differing systems and as I have never used the car

park at these 'other permit times' I could never have known that
this was the system in operation and I would probably not have

used the car park.


I have visited the car park on several occasions since to take

photographic evidence of the poor maintenance and have photographs

that show this over time and of the Car with the Lady in on

Match day Saturdays


I am also concerned that the PCN was affixed to the bottom left of

my windscreen where my tax disc has traditionally been affixed and

where we also have a car parking permit still affixed for my

wife's place of work. This served to delay us discovering the PCN

and in the event we did not discover it as it was my window cleaner

who did. This meant we had no time to construct a proper appeal.


Regards,


(My Signature)

Redx

nearly all the questions you asked earlier in post #15 are answered in post #2 of the newbies sticky thread, mainly by BARGEPOLE

are you sure you have read it ?

taffyd

Thanks for reminding me.

I'll go back to it again.

taffyd

Jeanette_Sheridan

Hi, hope you can point me in the right direction. I parked in a car park which I believe is for permit holders but unsure as I will need to check any signage. I have received a claim form for county court following receiving several correspondence asking me to make payment of which all I disregarded. I have read some of the threads but didn't see anything relating to parking without a valid permit or authority. Is there anything I can do?

Thank you in advance

Jeanette