Claim form from county court business centre

Abed_Sherzai

Hello all

The keeper has received a county court claim form from Scs after ignoring numerous letters from tickets that the keeper received on his/her uni campus between 2016-2018c The keeper has thought for defense to state that the areas that the driver parked were permit holders for university students which The driver can not have since he/she live so close to the university (2 miles), which still requires him/her to drive so where is he/she supposed to park? Also the signage to clearly explain this are in very few places with small print, and states that parking after 4.30 pm is allowed even without the permit. The days the driver parked there were days of his/her exams where the driver didn!!!8217;t have time to park anywhere else. Also this seems a bit harsh since he/she pays £9,000 a year to be at the university and have no problem paying the £90 for a parking permit for the year. Could the keeper ask them to send evidence in form of pictures and the specific timings that the car was parked there, since these were not included in the claimants particulars of claim that was sent shortly after.

Any help would be appreciated.. thank you

Redx

yes you can ask for all the info you like , especially in a weeks time after the 25th may when the new "DPA" (GDPR) comes into force and you can SAR them


meanwhile , you must follow post #2 of the NEWBIES FAQ sticky thread and do the AOS online and start drafting your defence based on legal arguments


you should also edit your last post and remove any hint of who was driving , the words "ME , MYSELF & I" should never be used , substitute the words the DRIVER for what happened on the days in question and the KEEPER for all letters through the post


ideally you have not revealed who was driving to them so far ?


ps:- I am sure that public transport was available, so there was no mandatory reason to drive ?


I am also sure that the uni has non-drivers who go there and pay the same £9000, so they must get there and back somehow

Abed_Sherzai

Thank you for such a fast reply, the form with particulars states that I have admitted being the driver, so I suppose I have at some point.

Also I have just completed the AOS online, but I can’t help to wonder what sort of legal defense argument I have, other than that the signage wasn’t clear and since it is a permit holders car park, there was no real loss to any potential profit for the university as there are loads of spaces empty and I do not mind paying for the permit.

Redx

I did not ask if they had inferred that you were the driver


I asked if you had ever identified yourself as the driver to the PPC themselves ??


BTW, who is the PPC as you have not said ?

after ignoring numerous letters from tickets that The driver received on his/her uni campus

words matter in this game


edit post #1 yet again, the keeper has received the MCOL in the post , which must have meant that the KEEPER has also received pcn,s and debt letters and LBC letters too (only what happened on the actual days in question are DRIVER related)


if they failed the LBC PaP protocols of oct 2017 , that is one defence point


also , no landowner authority , poor and indequate signage , failing the relevant ATA CoP (which one ?) , any POFA2012 failures , not the same as the BEAVIS case , etc

BARRY BEAVIS lost 3 times in 3 courts to 10 out of 11 judges a couple of years ago, meaning the NO LOSS argument is usually dead in the water


read other recent 2018 defences that were approved for inspiration on anything you will be submitting eventually, after posting your draft on here first for critique


the fact that the driver could not obtain a permit is irrelevant , that just indicates that the driver had no legal right to park there , plus having free spaces is also no defence if the driver had no permission to park - so should never have driven onto the site in question, at all !!


my lad has a season ticket for old trafford, but that doesnt give him the right to drive there and park in their car park , even if its empty or almost empty (same applies to my bro in law and nephew who have season tickets for the Etihad but again no permission to park, even if they only live 2 miles or even 200 miles away)


seems to me that the driver had no permission to park - period , meaning its mount everest the driver (or keeper) will have to climb


parking on private land is contractual parking , so if the PPC (WHO ?) can prove a contract existed between themselves and the driver (or keeper) and the right person is named on the claim form , then the defendant may well lose


I gave some tough talking to another person here today with similar issues (except they havent had an MCOL yet)


read this thread to try to understand the legal tangle you are caught up in


https://forums.moneysavingexpert.com/discussion/5811972/lbc-from-scs-solicitors-help&page=4



why educated students at uni think they can just flout the rules and contract laws is beyond me, given they are getting a good education !!!


I have 3 boys who driver and pay road tax , but they all know they cannot park on yellow lines , have to wear a seat belt , cannot drink (or drugs) and drive) , should not speed , must switch lights on at night , not drive on bald tyres etc, paying road tax and insurace etc des not mean they are impervious to road laws

Abed_Sherzai

Thank you

The keeper doesn!!!8217;t believe that anyone has admitted to be the driver of the car. Also these tickets are from UKPC.. yes the lbc was issued, what is my best course of action from here?

Redx

draft a defence based on similar UKPC KEEPER DEFENCES where the LBC PaP has not been correctly served since oct 2017 , then post it on here for critique


assume that the driver has not been identified so defend as KEEPER and use POFA2012 arguments etc too , plus the other stuff I said , plus anything else in those other recent defences


you are not the first and wont be the last , so most of the work has been done for you , read and research for now , including using the forum drop down search and suitable keywords


and after 25th may put a SAR into UKPC , so on 28th may 2018 , to get all relevant docs , pics and anything else they have on file

Umkomaas

How many tickets have they issued to you in the 2 years this has been going on?

How much is their claim for?

Abed_Sherzai

The claim is for 5 tickets that have increased to £160 each, totalling £800 + legal costs that have been laid out (£930 total)

I will submit the request to access after the 25th, and I edited my last post to clarify that the lbc has been served to the keeper of the vehicle. I will research POFA2012 and some of the defence arguments for keeper, however I somehow think that the best defence is to agree to the debt of the original fines (£100 reduced to £60 if paid within 14 days), totalling either £300 or £500. :S

Redx

offering a part payment is not a defence


a defence is based on legal arguments


what you seem to be talking about is to make an offer of settlement , outside of the court case, so that they drop it


a "drop hands" offer of settlement , (where the total is negotiated)

Abed_Sherzai

There is a part in the claim form from county court that says !!!8220;agree part of the debt!!!8221;, I don!!!8217;t know if there!!!8217;s enough legal arguments in defence for the keeper to risk losing the case and having to pay big sums as opposed to possibly being able to settle for a reduced offer?

Redx

ok , I cannot legally advise you on if you can do what you have said or not , so wait for better answers and replies on using the MCOL form for this


my thoughts were on settling it out of court , by negotiating a settlement , if you were to go down this route , because its been done before


I also suggest you turn off "smart punctuation" on your apple device , as it is messing up your posts with gobbledegook