Claim Form from UKCPS

bigdaddy786

Hi all,

I have just received a letter from the County Court Bulk Centre for a parking charge on the 12th August 2017. Up until now, I have ignored all debt recovery letters only to be issued thos court letter - and in the past have ignored all private parking charges and this parking charge seems to be the only one that has made it to the court papers.

I have read through the newbie thread and completed the AOS as per the forum - to defend all parts. Please find the attached letter: hxxps://imgur.com/a/fAaQbsA

The charge is for 1 ticket in which the car was parked opposite workplace at the time. I cannot remember if there was any proof provided alongside the PCN, all I remember is that the ticket was applied to the windscreen (on a wet day and left adhesive stain for a good month which was annoying) however this is the first court letter I have received and not too sure how to defend it. I have not had any communication with the parking company nor is there any evidence of the driver - I am the registered keeper. Please any advice would be greatly appreciated.

Le_Kirk

One click back, second post down, navigate down to post #2 - Small Claim - and read this bit: -
If you have a Letter Before Claim (LBC, sometimes referred to on forums as a LBCCC), you must respond robustly. Look at examples of replies from LoadsofChildren123, who is legally qualified:

bigdaddy786

I have read the Small Claim - however this is not a Letter Before Claim as I have now received the letter from the court. So I assume I need a full defence or to just pay them to get them off my back?

Quentin

It's your call on whether to pay or fight

This forum helps you to defend this and cannot advise you on paying!

Defend is covered comprehensively in #2 of the faq

bigdaddy786

Might as well try to fight it, if unsuccessful then will have to pay - I will outline the situation. The claim outlines:

"A claim for an outstanding parking charge has been issued against the defendant of the registration ***** parked in ****** (the land). The land is managed by the claimant UKCPS Ltd, and signage is present on the land stipulating conditions of parking, that a £100 charge will be due for any breach of those conditions, including additional costs if recovery steps are taken. In parking on the land, the driver contractually agreed to be bound by these conditions. The driver of the vehicle parked on the 12th August at 13:15, was in breach of one or more conditions. The registered keeper who may have been the driver or alternatively has chosen not to name the driver is responsible for the charge under schedule 4 of the Protections of Freedoms Act 2012. The parking charge remains unpaid; an additional charge of £50 for admin has been incurred whereas this becomes a commercially justifiable figure."

hxxps://imgur.com/a/fAaQbsA - letter link


The total they are demanding is £175 (150 + £25 court fee)

Now to my knowledge, UKPCS has no evidence of loss of earnings or any loss for that matter as it is not a paid car park. No evidence of who the driver was either. On which grounds could I prepare my defense? If there are no grounds could I lower the amount they are asking for as they have no evidence of loss?

Coupon-mad

UKPCS has no evidence of loss of earnings or any loss for that matter as it is not a paid car park. No evidence of who the driver was either. On which grounds could I prepare my defense?

On neither of the above! The Beavis case in 2015 kicked out 'no loss' as an argument in a free car park, and not being the driver won't help you with UKCPS, who are likely to have served a Notice to Keeper that can hold you liable as registered keeper.

Please read the second post of the NEWBIES thread. Do the AOS online first.

Then you might want to search the forum for UKCPS defence and copy & adapt one that's been used before. Only recent ones from 2017/18. Show us your draft like everyone else with a claim does. With UKCPS, unclear non-prominent gobbledegook on signs is the usual winning point.

We help people win around 99% of them. No risk, no CCJ, just stick around and read the forum.

bigdaddy786

Thank you for your reply Coupon-mad.

I will have a look at similar cases and try to draft a defence. I have already completed the AOS and as you say poor signage will probably be the basis for this case as I have no other grounds to really dismiss the charge. Could you advise me on how to maybe get the charge reduced if it is not dismissed? For example in the claim they have suggested a £50 admin fee for all the letters and sh*t they've sent, could I contest this? Obviously I ignored all the reduced payment letters but because its got to this stage (which I never thought it would) I'd probably be happy with a reduced payment nonetheless I'll still read around and get some defence points written up.

KeithP

zaynn786, probably best that you obscure the claim number from that image.

The private parking companies trawl forums like this just waiting for people to trip themselves up and can use your posts against you.

Coupon-mad

Could you advise me on how to maybe get the charge reduced if it is not dismissed? For example in the claim they have suggested a £50 admin fee for all the letters and sh*t they've sent, could I contest this?

Of course you can, they've not paid any debt collector/admin fees.

But you don't need me to repeat what's already in all the other defences you will read when you search the forum for UKCPS defence. The point about added costs is ALWAYS included.

Copy what you find, and adapt it.

KeithP

Was this a hotel car park?

Have you complained to the hotel?

bigdaddy786

Indeed it was a hotel car park. I have not yet complained to the hotel, how would I go about to do this and would it potentially get the court claim adjourned?