County Court Claim Form from UKPC

Coupon-mad

Are you past 14 days from service? What date on the claim form?

When I jut this minute searched for all posts with:

ukpc scs defence no permit

I got 24 results. Loads were relevant. One was yours but all the rest were very useful to you in showing you how to structure a defence.

However, no rush just yet, what about the POC due date?

Have to done the AOS?

TKNDWN

Coupon-mad wrote: »

Are you past 14 days from service? What date on the claim form?

When I searched for all posts with:



I got 24 results. Loads were relevant.

I'm not, no. Do I wait for the separate PoC to arrive and then draft the defence? The issue date is the 6th June 2018.

I got 24 results. Loads were relevant.

Shoot, let me give that a shot. Thanks for the help.

Coupon-mad

Do I wait for the separate PoC to arrive and then draft my defence? The issue date is the 6th June 2018.

I would be busy drafting your defence but not in a huge rush to email it to the CCBCAQ email address until the end of the month, depending on if you get a separate POC or not.

Have you done the AOS online to buy yourself the month needed? You cannot wait to do the AOS (unfortunately) because you'd leave yourself open to a CCJ if you don't do that, even without a POC.

TKNDWN

Coupon-mad wrote: »

I would be busy drafting your defence but not in a huge rush to email it to the CCBCAQ email address until the end of the month, depending on if you get a separate POC or not.

Have you done the AOS online to buy yourself the month needed? You cannot wait to do the AOS (unfortunately) because you'd leave yourself open to a CCJ if you don't do that, even without a POC.

Indeed, I feel as though I've made no progress drafting it up. I don't know how to write / word it. The claim has already been acknowledged online to buy some time. This was recommended via the Newbies thread.

Coupon-mad

You keep saying that but admit you haven't done the search I just did!

Umkomaas

@CM - I think Johnersh (or LOC123?) said that if the Claimant hasn't provided POC (or states they will be provided in x days) there was no need to do the AOS until such were received. It was during the CEL deluge at the backend of last year.

I'll try to dig it out, but I'm flying around this evening so may not be able to give it sufficient time. Hopefully J or L will call by to confirm.

EDIT TO ADD - just noticed that the AOS has been done. No worries.

KeithP

TKNDWN wrote: »

Indeed, I feel as though I've made no progress drafting it up. I don't know how to write / word it.

There are several Defences linked from post #2 of the NEWBIES FAQ sticky thread.

Ok, many of those may not have the relevant detail for your case, but all will give you guidance on how to write a Defence.

Coupon-mad

@CM - I think Johnersh (or LOC123?) said that if the Claimant hasn't provided POC (or states they will be provided in x days) there was no need to do the AOS until such were received. It was during the CEL deluge at the backend of last year.

I recall that, with a bad outcome. When they didn't do the AOS and waited, the person got a default CCJ because the MCOL system does not account for or work with, a case with no POC.

It assumes a POC was included and allows a PPC to apply for a default CCJ, and they did.

So, even with no POC, I say AOS must be done. Then work on a defence with half an eye on the calendar to call the PPC out for no POC.

TKNDWN

Right, I'm just going to currently draft my defence and post it up here. CM I did research, but perhaps my achy head made me miss a couple of points. I'll post my draft up shortly as I am currently writing it up. Thanks for the help.

TKNDWN

So far, in its incompletion, I have:
CLAIM No: CXXXXXX

BETWEEN:

KNUCKLE-DRAGGERS R US LTD (Claimant) v FREDDIE FARNESBARNES (Defendant)

I am xxx the defendant and the registered keeper of vehicle with the registration AJXXXXX

I am denying liability for the entirety of the sums of £1,270, originally £1,120 claimed by UK Parking Control Ltd (UKPC).
1. As UKPC is a member of the BPA I have reasonable grounds to believe that your signage posted on [address] did not comply with Section 18.3, Signs of the AOS Code of Practice. This states: "You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle." The signage located within the car park managed by UKPC is located nowhere near parking bays. The size of the font is also unreadable from anywhere other than up close. This is against 18.3 as this is unclear for the driver to read at the time of parking and / or leaving.

2. Amount claimed does not correspond with UKPC signage. The amount claimed by UKPC is for seven parking charges at £160 each, totalling £1,120 however, signage within the car park states that failing to comply would result in a £90 parking charge, reduced to £60 if paid within 14 days, and £60 on top of £90 for unpaid parking charges. The amount should total £1,050. This is against AOS Code of Practice Section 19.1 as the parking charges has to be reasonable.


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Not sure what other points I can bring up in relation to this case.