County Court Claim Form from UKPC

TKNDWN

The_Deep wrote: »

I won't go into reasons as to why it cannot be moved but it can't be moved. As for the common sense comment...do you work for UKPC?

Often, parking an untaxed car in a residential car park is a breach of the T&C/covenants.

If the demands that you move it, I do nor see how you can refuse. In a worse case scenario the MA may b to put a charge on the property.

I wasn't aware of this, good tip for the future. The vehicle is Taxed and MOT'd, but it is without insurance. My explanation above is the reason as to why.

System

The garage actually have the keys

Garage is the Keeper then and may have liability. Perhaps the defendant should put that in the defence.

Or perhaps put it to the garage that as "Keeper" they have the liability for the UKPC charges which the defendant would be happy to tell the court so they can be transferred. Put it in writing to the garage and get proof of posting.

TKNDWN

IamEmanresu wrote: »

Garage is the Keeper then and may have liability. Perhaps the defendant should put that in the defence.

Or perhaps put it to the garage that as "Keeper" they have the liability for the UKPC charges which the defendant would be happy to tell the court so they can be transferred. Put it in writing to the garage and get proof of posting.

Of this I was not aware either. Funnily enough, we contacted the garage today and after many failed promises of coming to pick it up, they finally picked it up. The car is off the lot now. That's what was preventing us from moving it - us not having the keys and we not being able to afford a tow truck. Thanks for making me aware of this though IamEmanresu. I'll word this into the defence.

Coupon-mad

IamEmanresu is legally qualified, very knowledgeable, sarcastic when he needs to be (like I am!) and he certainly doesn't work for any PPC, I can assure you, TKNDWN.

TKNDWN

Coupon-mad wrote: »

IamEmanresu is legally qualified, very knowledgeable, sarcastic when he needs to be (like I am!) and he certainly doesn't work for any PPC, I can assure you, TKNDWN.

Indeed, I understand now that it was just sarcasm. I hope IamEmanresu now understands, in full, why the car could not be moved, simply for the fact that we could not afford a tow truck, the garage has the keys, and we'd have no other location to move it to should we've been able to afford the tow truck. At least now the car is off the lot as the garage has retrieved it.

"It is paramount to make the courts aware that during the duration of which the car was stationed on grounds controlled by the Claimant, it could not be moved as:
i. The garage paid to fix the car had the keys therefore it is legally held liable for tickets accumulated during the duration of parking.
ii. The defendant could not monetarily afford to have the vehicle removed via tow truck or towing.
iii. In the event that the car could be moved, the defendant could not move it onto the public highway due to financial reasons which could result in further tickets accumulated by governing authorities."

CM, IamEmanresu and other qualified peoples, how does the above sound? I'm not sure where to slot it into the defence, should it be deemed worthy enough, nor am I sure if the courts should be made aware of the financial situation beforehand, in the background, to further evidence the point above.

Thank you all for the help thus far!

TKNDWN

Does anyone also have any idea when to send off the defence if everything is all in order?

KeithP

I seem to post this about half a dozen times a week:

Once you are satisfied with the content -
1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

TKNDWN

KeithP wrote: »

I seem to post this about half a dozen times a week:

Brilliant, thank you very much KeithP.

TKNDWN

Hi everyone.

This is a follow-up from this thread back in June of 2018 regarding my brother.

Following the advice on here a defence was submitted in the right time (still back in June) and we had heard nothing since then.

Fast forwarding to now we received a letter pack from SCS Law saying that there's a hearing on the 26th March 2019, 16 days from now. First we've heard of it. It is a large pack containing many pages with their witness statement containing their photos of the car, a statement from the 'Legal Manager' of UKPC, the contract between the Housing Association (HA) and whatnot. We're not at all sure on what to do now and would like some advice if some here could offer. We'd be grateful.

It's also worth mentioning that our HA ditched UKPC months back. We'd received a letter saying that they no longer are working with them and are changing companies, yet their sign (literally one sign in the car park) is present and they're still issuing tickets to cars (not ours).

Sorry if this post is lackluster in information, we just do not know how to handle this situation. I'd be able to provide whatever is needed.

Thanks in advance!

Le_Kirk

That is the claimant sending their claim to you, just as you have/had to send to them. Presumably you have had a DQ and submitted it? Have you received a notification of allocation to Small Claims with a court (hopefully the one requested on your DQ)? Check on MCOL to see the status of the claim.