UKPC 4 tickets Court Claim

new_dummy

Hi There


I live in an appartment building since July 2015.


In September 2015 UKPC was instructed by the managing agent to enforce the parking in front of the building.
As my flat comes with a parking space I was supposed to receive a parking permit from them.

After much chasing I finally received the permit in December 2015. By that time i had aready been served 3 tickets from UKPC.
I was promised my the manging agent that these will be cancelled. I have an email from the managing agent to someone in UKPC requesting the confirmation of cancallation which was promised.
I have 17 emails from then up to date requesting cancellation from UKPC and the managing agent and in some of them the agent responses that it has been confirmed as cancelled.
A fourth ticket was served in March 2016 when i had lost my permit. As my car was registered in their system already i requested them to cancel it as i was awaiting a new permit. this was also confirmed cancelled by my managing agent.
By now the managing agent has been changed and when i asked them to send me the confirmation of cancellation they responded hat some of their emails got lost whilst transferring them to their new company.

All the Bailiff, court and solicitor letters are sent to the owner of the vehicle and not the driver.



I emailed numerous times expressing my frustration to all relevant parties.



Interestingly, last month we received a Particular of Claims letter from SCS Law.
The next thing we received was a County Court Judgement. No Court Claim form had been sent.
A few days later a letter came from the HM Tribunals Service, apologising that due to a techincal failure the Claim Form was not sent out and the Judgement is cancelled. We received the new Claim Form dated 18th October yesterday.



Please let me know the best way to deal with this as there are a few lanes to take?

nosferatu1001

No, there is ONE way
Defend

Post 2 of the newbies thread tells you exactly what to do - first step is acknowledging the claim ONLINE using MCOL, if it lets you. If not you MUST tell the court over email or by ringing them - given it was their mistake why the form wsa never sent out.

1) Does your lease (dont care what its called, the doc that lets you live at your flat) contain any requirements around permits, what does it say about parking / use of communal areas / allocated spaces etc?
2) Do you own your flat via lease, is it rented? How is the space" yours"? Describe it

Coupon-mad

Interestingly, last month we received a Particular of Claims letter from SCS Law.
The next thing we received was a County Court Judgement. No Court Claim form had been sent.
A few days later a letter came from the HM Tribunals Service, apologising that due to a techincal failure the Claim Form was not sent out and the Judgement is cancelled. We received the new Claim Form dated 18th October yesterday.

Ah OK, by the way does it seem like the claim form would have been issued (if CCBC hadn't mucked it up) on 13th September? We know an issue happened to claims dated that day...but I want to know if your was a second 'problem' later, it's worth us knowing this for other peopele.

See redrabbit17's thread about how he beat a multi PCN UKPC case.

And see the second post of the NEWBIES thread for how the RECIPIENT (NOT NOT NOT the driver) acknowledges the claim and then defends.

Show us the draft defence based on all the zillions of others here.

nosferatu1001

Coupon - if they are the driver, depending on the answers to my queries they could be on a better bet identifying as such

For example if it is aleasehold with exclusive use of a single parking space, then the parking company hasnt a hope. Coming from the actual leaseholder it would be a stronger argument than as a "keeper"

See how they respond?

The_Deep

I agree with the Count, "own space" tickets are usually better fought by the leasehold if they were driving. UKPC may well be interfering in your leasehold right to "peaceful enjoyment" possibly an offence under the Landlord and Tenants Acts. Have you seen these?

http://parking-prankster.blogspot.com/

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

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Why do you need permission from a scammer to park in your space? What does your lease/AST say about perking?
a

new_dummy

the claim was issued 13th September

Coupon-mad

nosferatu1001 wrote: »

Coupon - if they are the driver, depending on the answers to my queries they could be on a better bet identifying as such

For example if it is aleasehold with exclusive use of a single parking space, then the parking company hasnt a hope. Coming from the actual leaseholder it would be a stronger argument than as a "keeper"

See how they respond?

I would agree but that's not what I meant. Maybe I didn't make it clear.

I was reading it that the Defendant is not the driver so I was warning them not to think the driver (another person) can respond to a claim, because the OP said this:

All the Bailiff, court and solicitor letters are sent to the owner of the vehicle and not the driver.

So my warning was that it is VITAL that the named Defendant, defends (blinking obvious of course, but we have seen 2 people recently not actually engage their brains properly and realise this - really obvious - thing!).

new_dummy

Coupon thank you so much,
I am not sure i understood you about the driver and keeper,
if Mr A has a lease on the parking space and the car is registered on Mr B's name, all letters etc are posted to Mr B. Then Mr B is supposed to be the one to defend himself in court. How can Mr B defend himself with the lease of Mr A?
sorry i sound so dumb but just want to make sure i get it right:doh:

new_dummy

the flat is rented from a leaseholder and i cant find any mention of the parking space on the AST. it was verbally agreed. i can do an additional document to the AST confirming the parking use

nosferatu1001

Because the lease grants rights to Mr A that Mr A then grants to Mr B. Its called a chain.

new_dummy

nosferatu1001 wrote: »

Because the lease grants rights to Mr A that Mr A then grants to Mr B. Its called a chain.

so when i defend do i admit to be the driver as the lease is on drivers name. The keeper lives at a different address and will have a hard time proving his right to park there.