Acknowledged Service...

StealingCPspcs

Hi,
I'm very grateful to have found this forum.
I have been having issues with the UKCPM for over a year now.
I originally appealed the fine but I was actually in and out of hospital at the time and didn't defend well.
I ended up having calls from the company and entered a complaint about the call handler as i had offered to pay £4 pm and he refused. I got an apology and they agreed to the £4.00 pm month however I then had more hospital issues. I have ignored everything until now and unfortunately have been in and out of hospital again (actually for the same reasons).

I think I've just handled everything really badly.

I have now acknowledged service via the online MCOL service following the newbie thread and now starting my own thread as advised.

I am disabled and suffer with a memory issues and confusion and so apologise in advance if I get something wrong or misunderstand.

So I need to draft a defence? I have already stupidly admitted culpability :-( Do I need to send any paperwork in as well as having done the online thing?

KeithP

You haven't actually said so, but it sounds like you have received a Claim Form from the County Court Business Centre.

What is the Issue Date on your Claim Form?

StealingCPspcs

Hi Keith, thanks for getting back to me.
Yes its a claim form, The date on it is 08/11/18 and I have responded online where the dates were also set as 08/11/18 for date of issue and date of claim.

KeithP

With a Claim Issue Date of 8th November, you have until Tuesday 27th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Tuesday 11th December 2018 to file your Defence.

A whole month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

StealingCPspcs

That's great, I have already done the AoS using the dropbox link but I wasn't clear on whether or not I needed to send any of the paperwork that came with the claim form back.

I am really unsure what defence I should use as I think I've previously messed up by communicating with them.
I'm working my way through all the links and examples.

Thanks for your help.

StealingCPspcs

Having completed the acknowledgment of service i have now come to the defence part. I cannot work out what I'm supposed to put. I have looked at all examples and gone through the sticky thread.
I'm hoping to go bankrupt by march next year (I'm paying a small amount into the fee every month) and I have been struggling with hospital visits. Can I just stop engaging with this? is it worth setting this out in the defence?

KeithP

Just one week left to file your Defence.

Show us your draft when you are ready.

StealingCPspcs

Here it is... Is it worth stating im going bankrupt? what would happen if I am no longer able to engage with all this? Thanks in advance
IN THE COUNTY COURT

CLAIM No: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

xxxx (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked disabled/blue badge holder bay while displaying a blue badge.

3. The Particulars of Claim state that the Defendant xxxx was the registered keeper and/or the driver of the vehicle xxxxx. These assertions indicate that the Claimant has failed to identify a Cause of Action and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. Add to the fact that I am disabled and struggle to get around at all, that I checked with other people parking at the time who stated there wasn’t a ticket needed after reading the signs.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 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. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery and then an additional £14 noted on the N1SDT along with £25 court fee and £50 legal costs.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

KeithP

You are asking questions that are well outside the scope of dealing with a private parking invoice.

For questions on bankruptcy, try The Bankruptcy Board.

StealingCPspcs

Thats fair enough. Is the defence as it is ok?