UKPC and SCS - County Court claim form

AS2

Thanks for the input guys, so can you finally check this defence before I email it over please:

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. 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. 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.

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

AS2

Hi Guys
any final pointers for my defence before I submit before 4pm today?


Thanks

AS2

Hi All

Further to my defence being submitted. Just received an email reply to the SAR request. SSC law have emailed me back this:

Claim Number: XXXXXXXXX


Dear XXXXX,

Re: UK Parking Control Ltd v XXXXXXXX
Claim Number: XXXXXXX

We write further to receiving your response dated 11 October 2018 to our letter dated 25 September and the Particulars of Claim.

This email will respond to each point raised in your email in the same order you have provided them.

For the avoidance of doubt, we have complied with the Pre-Action Protocol for Debt Claims. We sent you a Letter Before Claim dated 15 August 2018, which included a reply form that offered the opportunity to request any documentation you required. You did not respond to this Letter Before Claim, nor request any of the following documentation at any point during the Pre-Action stage. Paragraph 5 of the Protocol provides that the creditor must provide the requested documentation within 30 days of receipt. Your email dated 11 October 2018 was the first time you have requested any documentation, which we are attaching to this email.

As per your request, please find attached the following documents:

a. Copy of the contract between the landowner and UK Parking Control Ltd;
b. All photographic evidence and parking charge notices that include the ANPR data pertaining to the claim;
c. Copies of all correspondence sent you; and
d. All other information we intend to rely on.

1. A copy of the redacted contract is enclosed.

2. All photographic evidence is enclosed including ANPR data.

3. Please see the attached documentation. Our client reserves the right to rely on any further relevant documentation which may be relevant to issues raised by you in your pleadings. This evidence will be disclosed in line with any order the court may give in the course of proceedings.

4. The enclosed copies of the signage provide that failure to comply with the terms and conditions of parking will result in a £70.00 parking charge. The parking charge and signage then states that unless this is paid within 28 days, our client may instruct a debt recovery agency and a further charge of £60.00 will be applied. This total sum was not paid and a claim was issued, where court fees of £60.00 and costs of £70.00 were incurred. In turn, the total claim value is £650.00.

5. Our client will not be providing a copy of its contract with Debt Recovery Plus Ltd as it is not relevant to this claim and not reasonable for this to be disclosed. The additional charge of £60.00 is clearly explained on the signage at the site and became contractually owing when the parking charge notices were referred to Debt Recovery Plus, when they were not paid.

6. Our client is relying on the Protection of Freedoms Act 2012. Our client has complied with the requirements of paragraph 4(2) of Schedule 4 to the Protection of Freedoms Act 2012 and is therefore pursuing you as the keeper of the vehicle under paragraph 4(1) of the same, having been provided with your details as being those of the registered keeper by the Driver and Vehicle Licensing Agency.

Further to your query in relation to this legislation, our client is pursuing you for the sum provided in the notice to keeper.

Please be advised, our client may request judgment on 26 October if a defence is not filed.
Yours sincerely,

Tom Millard


5 minutes later they emailed this:

Claim Number: xxxxxxx


Dear xxxxxxx,

Re: UK Parking Control Ltd v xxxxxxxx
Claim Number: xxxxxxxx

We write further to the email below.

After drafting our substantial response and sending through the requested documentation, we received notice from the Courts today that you have filed a Defence. As such, please ignore our reference to the request judgment date.

Yours sincerely,

Tom Millard


They've attached a large PDF file with all the PCN, pictures etc. Not sure how to post those on here but also not sure if its of any use.

Any pointers from anyone please, much appreciated.

Coupon-mad

Your defence had the claimant as UKCPS?

The additional charge of £60.00 is clearly explained on the signage at the site and became contractually owing when the parking charge notices were referred to Debt Recovery Plus, when they were not paid.

The above is just a lie. Flabbergasting really.

Keep for evidence stage, a screenshot of DRP's home page where they say they offer the service on a no win no fee basis. UKPC have added nearly as much again to each PCN for no reason whatsoever - an abuse of process to tear into at WS stage.

No tipping them off yet, stay silent.

AS2

Hi guys

I haven't received anything from the courts since my defence was submitted, How long does it take?

Thanks

Redx

login and see where its up to


could take a while before you see any progress, these court cases can last up to 6 months

KeithP

AS2 wrote: »

Hi guys

I haven't received anything from the courts since my defence was submitted, How long does it take?

Thanks

The Claimant has 28 days from receiving you Defence to decide whether they want to continue or not.

Be patient.


Have you prepared yourself for the next step in the process?
Re-read point 7) in post #5 above.

AS2

Hi

Just to update, I received this in the post- I thought I already did it, any room to take advantage of this error by the courts?

Thanks

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Coupon-mad

Just send them a signed and dated copy of your defence and ask for clarification of when they will want your Witness Statement and evidence.

Sounds like a mix up between the CCBC and the local court, and maybe the defence isn't obvious to Watford Court as - presumably - you emailed it to the CCBC (as we advised) which isn't saved on MCOL.

I've never heard of a defence getting lost between the CCBC and the court, but I am sure it must happen! Just do as they ask, and ask the question I said, so you don't overlook the WS and evidence stage deadline.

AS2

Hi Guys

So I've received a hearing date for the court thought it won't get to this. Please advise me the best way to approach this.