UKPC and SCS - County Court claim form

The_Deep

UKPC are fraudsters, be sure someone tips off the judge

https://www.independent.co.uk/news/uk/home-news/uk-parking-control-dvla-suspension-misuse-of-data-a8325941.html

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

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 House of Commons recently

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

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

beamerguy

The_Deep wrote: »

UKPC are fraudsters, be sure someone tips off the judge

Yes fraudsters fully approved by the BPA

AS2

Hi Guys

Apologies for delay, children unwell and have not had time with this claim. Ive got 2 weeks so hopefully thats enough time, I'm working on it today.

Im struggling with this SAR. Could someone send me a link for a SAR I can send to the trust and to UKPC. Also, how long do they have to respond to a SAR?

In terms of complaining to an MP, would that be my local MP where the court claim has been issued? And what powers do they have?

Ive called the trust and someone called Alan Brooks (parking manager of the hospital) will get back to me as he is in a meeting.

Thanks

AS2

Hello guys


appreciate any help.


thanks

nosferatu1001

30 days to respond
Why not writer one yourself? No need for a template. You know what you want from them, so why not ask for it yourself instead o fhoping we will draft it for you?

AS2

So, I've sent a SAR via email to UKPC and SCS law and the NHS trust involved- from anyone's experience, will any of them get back to me on time.
I am constructing a letter to my local MP.
I'll be working on the defense this week and post on here for feedback.


Thanks

nosferatu1001

In time for what?
Your defence? No, but you dont need it to write your defence

What did you SAR say?

AS2

Heres my SAR:
Dear SCS Law

Ref xxxxxxxx

I have received the above claim

Please provide the following documents and information that you failed to provide in accordance with the Pre-action Protocol for Debt Claims :

1. A copy of your client's contract with the land-owner that must confirm that it has the written authority to take legal action in its own name.

2. Copies of any Photographic evidence held by yourselves, including ANPR data pertaining to the the claim and the purported parking charge itself.

3 Copies of all documents that your client intends to rely on including but not limited to the KADOE DVLA request dates/data, the documents and letters you contend were sent and where/when, the data stored about the automated processing of the ANPR images of the car, proof stored of any manual checks made before issuing a PCN, ANPR images and any other data streams, such as exact or near-miss matches for this VRN from all/any PDT machines at that site around the material time on site

4 An explanation of all charges additional to the original parking charge notice

5 A copy of your client's contract with Trace Debt Recovery and evidence that its charge was invoiced and paid

6 Does your client intend to rely on the Protection of Freedoms Act to recover payment from the registered keeper ?
If so, why does it believe that it is exempt exempt from Para 4(5) and 9(5) of the legislation ?

Please regard this letter as a formal request under CPR 18 and 31.14 to provide all of the documents sent by your client.
Unless you are in the habit of issuing claims without inspecting clients' documents, you should already possess this information

Although the claim is for a sum that should be allocated to the small claims track, this has not yet occurred.
The provisions of CPR 27(2) are therefore of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

The documents and information will be essential to prepare a defence and the request is entirely in accordance with the Over-riding Objective and CPR 1.1(2)(a).

I require them within seven days of the date of this email.

Thank You

Yours Faithfully


Defendent

AS2

Hi Guys

Please let me know if this defence is good enough, thanks:

In The County Court
Claim No: XXXXXXX
Between
UKCPS Ltd (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant is an employee at the XXXXXXX hospital, and has continued to hold a valid parking permit for the hospital car parking for the duration of employment at the hospital. The ‘land’ which forms the basis of the current claim consists of a relatively small number of poorly marked ‘private land’ parking spaces located amongst those forming a much larger hospital car park (for which hospital parking permits are valid). Given this lack of clarity regarding how or where an NHS employee with a parking permit is, or is not, allowed to park in this car park, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £30 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

System

You might want to have a poke at their "management" of the car park.

The IPC Code says

2.1 Where the basis of your parking charges is based in the law of contract it will usually be by way of the driver of a vehicle agreeing to contractual terms identified by signage in and around a controlled zone. It is therefore of fundamental importance that the signage meets the minimum standards under The Code as this underpins the validity of any such charge. Similarly, where charges are founded in the law of trespass and form liquidated damages, these too must be communicated to drivers in the same way.


So you can add this at #2 to say that communicating the "controlled" space is fundamental to the management of any car park. The Claimant was grossly negligent in their duty and seek to take advantage of defendants by abusing the court process with misguided claims.

As has been mentioned before, Judges have memories [something ParkingEye picked up early] and if you can flag up their scams, judges will remember for others.