Help please! My small claims hearing against UKPC is in around 20 days...

nosferatu1001

Indeed, the court document doesn!!!8217;t list it because it is optional. However a skeleton helps you as it gives you a crib sheet to work from.

Coupon-mad

This is completely wrong, most of those NTKs arrived in time (between day 29 and day 56). Only the third seems to have arrived late:

One specific requirement that has not been met, is shown within a printout of this schedule that I attach as evidence (exhibit CL2). I have highlighted the relevant wording and point out how the NTKs were never received within 28 days of the alleged incidents. In order for the claimant to have the right to claim unpaid parking charges from the keeper of a vehicle, the claimant should have issued the NTK documents within 28 days.

Not correct!

In fact UKPC were not even allowed to get your data till day 29, and they didn't get that wrong.

You have a date wrong here:

4. Date of event = 09/02/2014 - Date of check = 10/02/2014 (NTK letter dated 11/03/2014)

What would be correct would be to criticise the wording UKPC used in 2013/14 which is unlikely to match 8(2)f of Schedule 4, IMHO. NOT the deadline.

Chris1a

Oh my god, how on earth I have missed that whole 28 days 'following the 28 days' wording, I don't know. Think it was because the section 9 bit just says 14 days after the event. Anyway, that is not good at all & now I really do feel like a fool.

Thanks so much for spotting my mistake there coupon-mad, I am so so grateful for your help here.

Wow, that really is a last minute spanner in the works! I will see what I can say now, if anything in relation to POFA.

Coupon-mad

I seem to recall, back in 2013/24, UKPC NTKs won't have had the right 8(2)f warning.

Chris1a

So, it appears that the wording they used does match 8(2)f, that is a big shame.

I am really not sure what I can say in regards to POFA now, if anything.

Coupon-mad wrote: »

I seem to recall, back in 2013/24, UKPC NTKs won't have had the right 8(2)f warning.

Why would they not have had the right back in 2013/2014?
I have checked the date they had the dvla ban & that was between 18/09/18 & 5/11/15.

I have to wrap this up today and as my initial statement mentioned POFA I must say something, otherwise I think I best apologise for misunderstanding there when I mentioned it before, as previously I mentioned 14 days.

Oh, this is all so stressful & difficult.

Thanks again

The_Deep

bargepole wrote: »

It might be satisfying to write that stuff, but it has no relevance to the present case.

And their conviction in the Trading Standards case was overturned on appeal.

It may not be relevant. but it may influence a judge that they are wrong uns. While you may have to abide by the rules, LIPS are usually allowed a bit of latitude.

nosferatu1001

The rules were only introduced in late 2012. Even in 2017 a lot of companies were still getting it wrong, despite it being trivial.

Coupon-mad

Why would they not have had the right back in 2013/2014?

IIRC, none got the wording right, as early as 2013. I would be surprised if UKPC did!

Are you sure, are you skim reading, seeing the words '28 days' and thinking it's OK?

Show us the NTK from 2013 and 2014.

You also told us already that one (PCN '3, as I already said, the one that was late) arrived late because they sent one with the wrong amount on, LOL!

Chris1a

So, I had to send the paperwork off first class on Friday, so it arrives as requested on Monday. All my evidence was clearly referenced each exhibit nicely stapled with a covering sheet naming each exhibit.

I managed to update the POFA paragraph only referencing the 1 NTK that was not correct. I also referenced the paragraph in POFA about how they are only entitled to claim for the original amount per PCN.
I then complained about their confusing signage with 'RESIDENTS AND VISITORS ONLY' being the boldest wording on their signs, as that was misleading for us residents.
I also added in additional wording about how inconsistent and unprofessional they are, as there were more incidents that haven't been submitted to court (due to them lacking evidence/a picture of a nearby sign).
I mentioned how they trespassed on our property one time and stuck a pcn on one of our vehicles. They did that when the vehicle was parked within our own numbered bay, just because the vehicle wasn't completely within the lines. What a bunch of cowboys!

Hopefully the judge will dismiss the case in my favour, based on the primacy of contract alone.
They better do, as another resident who lived on our old estate is about to defend a claim worth over £3000.

I sent a letter to court a while ago asking for the judgement to be removed from my credit file within 14 days. I have just received back a letter confirming that the judgement is ordered to be set aside (dating back to January when the previous hearing was), however 14 days from when I wrote to them was quite a while ago now, so I am wondering what my next steps are on that behalf?

With regards to the cost schedule, I have the template for that now and I am planning on just taking that with me to the hearing. Is that the right thing to do, or should I make copies of the supporting evidence and post it to the court before the hearing? If I should post to the court, should I also post that to the claimant like I did the witness statement?

More questions are likely to be coming fro me soon with regards to the hearing and how I should argue my case (professionally), as the solicitor at the previous hearing tried her hardest to stop me from getting a word in edgeways by piping up even when the judge was asking me questions.

Many thanks again & best wishes y'all

Umkomaas

The cost schedule should be posted to the court and the claimant and solicitors at least 24 hours before the hearing.