County Court Claim Defence letter UKPC

ShazEll

Hi, I really need some help as i'm very new to anything like this. I've spent days searching through MSE forum threads, researching about putting together a defence letter for a county court claim against me for unpaid parking tickets from UKPC, for parking in our OWN residents parking bay whilst VISIBLY showing a visitors parking permit. I've seen loads of help from experts for others which I too which would be hugely grateful for.
Before I send my letter for you to check, to give you the backstory...

This is going back to Aug 2016 - I live at the address (tenants) of which I received the PCN's (I think 5 in total) we have communal parking with allocated bays. Me and my partner have 2 vehicles and we have 2 permits, one that stays in the windscreen of the main vehicle and the other is a visitors permit. We have one allocated parking bay for our flat and our neighbour who didn't own a vehicle allowed us to park our other vehicle in their bay - just to add the parking permits do NOT specify flat numbers. We did this for a number of months with no problems at all.
All of a sudden we started receiving PCN on the windscreen for “parking in a designated ‘Resident Permit Holder Parking Space’ without clearly displaying a valid permit”- I was shocked and sure they had made a mistake as you could clearly see the permit on the dashboard so I proceeded to use their appeal system to contest the PCN and explained that you could even see the permit in the pics the warden had taken as 'evidence' . I think I contested 2 in total and was advised that the charge would be put on hold and they will respond within 35 days. I continued to receive PCN then my neighbour moved out so naturally I stopped parking there as new tenants moved in.
Anyway I heard nothing more for months and months - no reply from my appeal so assumed it had all been dropped.
Then I suddenly started to be bombarded with 'debt collector' letters going back and forth between Zenith and DRP demanding payment. At this stage I read up on it and realised that they're just scaremongering and the advise was to ignore, and so I did. Again after the initial bombardment suddenly quiet and nothing again for several months. To which point without any warning received a Court Court Claim letter which I remember reading to never ignore, so then that brings me to this point.
I have done the acknowledgement on MCOL and left the defence blank and have put together a letter myself, using what I've researched on MSE but literally no idea what i'm doing so was wondering if someone could check it over and make sure it 's relevant and I've not missed anything.

Thanks in advance

The_Deep

We have one allocated parking bay for our flat and our neighbour who didn't own a vehicle allowed us to park our other vehicle in their bay

Absolutely fine AFAIAA, they are obviously trying to scam you. Read what they tried recently.

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

Also read this about residential parking

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

https://www.parkingcowboys.co.uk/residential-parking/

https://bmpa.zendesk.com/hc/en-us/articles/213801109-Parking-Control-Management-Roboclaim-Residential-site

https://bmpa.zendesk.com/hc/en-us/sections/115000492465-Residential-parking-problems

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

ShazEll

UKPC have been using SCS Law to proceed with this case and i'm just still in shock that they are taking it this far with absolutely no substance to their claim.

Assuming that is the reason - I don't see why it would have been a problem as surely its down to the residents what they do with their bays. Plus I don't know how UKPC would have even known it was our neighbours space as the permits aren't flat specific so as far as they would have been concerned it was just a vehicle parked in a bay with a valid permit clearly displayed.

There is nothing at all on any of their signage about rules or parking in anyone else's space anyway, all it states is you must park with a valid permit clearly displayed and park within marked bays

The_Deep

In most residential car parks, residents do not need permits at all, especially from scammers. Their lease/AST is all the authority they need.

In nearly every case that gets to court, the scammer loses.

In your case, if your parking space is in your deeds, they are not only disturbing your quiet enjoyment on your property, but they are committing a trespass, and operating a business on your land.

ShazEll

I was reading other posts about that and so checked my tenancy agreement as I rent the property
and it doesn't say anything about parking... it doesn't say anything about having to display a permit either.

UKPC don't actually even do parking control here anymore, a new company took over a few months ago, unless they've just changed their name.

Will I still be able to use that as a defence if it doesn't mention having to show a permit in my agreement or will I not be able to because my agreement doesn't mention parking?

The_Deep

Most own space cases ae won as the lease/AST has primacy of contract over the scammers' T&Cs.

Ask your landlord for sight of his/her lease and reqd some of these

https://www.bing.com/search?q=primacy+of+contract+private+parking&form=EDGEAR&qs=SC&cvid=2637e9e81aff4a11a22b6c6d01685b3a&cc=GB&setlang=en-GB&elv=AXK1c4IvZoNqPoPnS%21QRLON1YqbJUKLXCfdxkTaBxL2mbZDPvxHC*6rFSbQCgA6U8G8SWj4l%21X1W1jC%21Ypbhk5syKKg6Wf1EGNOWSTNQ7ORJ&PC=ACTS

nosferatu1001

Have a look through, don't just look for parking. Control over communal areas, right to quiet enjoyment, rights of third parties, etc.

Guys_Dad

nosferatu1001 wrote: »

Have a look through, don't just look for parking. Control over communal areas, right to quiet enjoyment, rights of third parties, etc.

OP is tenant, not leaseholder(from post#1) so won't have immediate access to this. Get copy of lease from leaseholder.

Coupon-mad

UKPC have been using SCS Law to proceed with this case and i'm just still in shock that they are taking it this far

We're not.

Read the NEWBIES thread and search UKPC SCS claim or residential defence 75% consensus to find recent ones written. The one by kgirl123 is pretty similar, different parking firm but that's the sort of thread to read (no links given, searching the forum is key to your research).

We assume you've already done the AOS online like the NEWBIES FAQS sticky shows you how?

ShazEll

I'm not sure i'll be able to get it in time I completed the Acknowledgement on MCOL last Saturday (8th) and my landlord is away at the mo.

Despite the fact I probably had a right to park there with or without a permit, the fact is I actually had a permit on display and have photographic evidence to prove it. You could also see the permit in the UKPC 'evidence' pics that the warden took so I'm still not even entirely sure why I received the tickets in the first place?!

KeithP

What is the date of issue on your court claim form?
Assuming you completed tha Acknowledgement of Service in time, you have thirty-three days from the date of issue of your claim form to file a Defence.