Defence vs UKPC (Parking in my own space)

Coupon-mad

NEW Update since last post - My management company have admitted fault and paid for three of the five PCNs in this claim.

OK, that's good for your sake!

Can you get an email for your later evidence to prove the MA admitted fault?

Your 'note' needs to be a numbered point within the defence.

KeithP

peoplepower555 wrote: »

NEW Update since last post - My management company have admitted fault and paid for three of the five PCNs in this claim.

Doesn't look too much like a win to me.

MA makes a mistake but it costs them absolutely nothing.

It just means that instead of you paying for those three invoices, that cost will be shared amongst all residents that pay a service charge to the MA.

Coupon-mad

Hmmm, that's a good point and the OP needs to write to the MA to insist this cost is not in any way passed onto the residents.

This will have pi33ed off the MA because they couldn't cancel the PCNs and they should have been able to! Their own stupid fault for not retaining control of which PCNs can be cancelled, and letting the tail wag the dog.

I'd be pointing that out to them too, in writing.

peoplepower555

Yes not too happy about it because these are PCNs which they should not be receiving money for! The primacy of contract surely voids them? At least it's not going to be such an eye watering payout in the worst-case scenario.

Also does anyone think i'm a bit mad asking for Almost a £900 if it goes to court? That's my calculation based on hours spent (£20p/h) working on this, plus missing a day of work. I think the judge would really have to agree with all my points and do it to punish the idiots.

I still hold UKPC responsible because they should have checked who the leaseholder was and checked with the management company that i hadn't already paid for a permit - This would fall under Pre-Action Protocol surely?

And yes, i agree with you both - How on earth the management company are paying fines to the company they employ is beyond me.

peoplepower555

What does OP stand for?

Coupon-mad wrote: »

Hmmm, that's a good point and the OP needs to write to the MA to insist this cost is not in any way passed onto the residents.

This will have pi33ed off the MA because they couldn't cancel the PCNs and they should have been able to! Their own stupid fault for not retaining control of which PCNs can be cancelled, and letting the tail wag the dog.

I'd be pointing that out to them too, in writing.

KeithP

peoplepower555 wrote: »

What does OP stand for?

You are the OP.

OP = Original Poster.

Coupon-mad

Also does anyone think i'm a bit mad asking for Almost a £900 if it goes to court? That's my calculation based on hours spent (£20p/h) working on this, plus missing a day of work. I think the judge would really have to agree with all my points and do it to punish the idiots.

I still hold UKPC responsible because they should have checked who the leaseholder was and checked with the management company that i hadn't already paid for a permit - This would fall under Pre-Action Protocol surely?

You may as well ask but the only way that sum could be considered is if you can give chapter and verse at the hearing, listing all their unreasonable conduct from start to finish, mainly centering around the disregard for the PAP and the CPRs during the course of this claim.

Ad many Judges would still say no, but if you don't try...!

peoplepower555

Yes i would hope that even if they disagreed, they would agree on a smaller fee based on the Claimant failing to:

• Discover earlier that i had bought a permit before they issued 3 of the PCNs.

• Realise that i was a leaseholder and PCNs issued to me are a breach on contract.

• Provide any recent evidence of the PCN issued 35 months ago, leaving me unable to defend it.

peoplepower555

Quick question guys - Relating to the PCN they gave me 35 months ago.

Is it a viable defence to base an argument on it being such a long time ago that you can't be expected to remember the details in order to adequately defend it? I also said that they have supplied me with no evidence of this, despite my subject access request. I have received no communication about it for over two years. How can anyone be expected to defend such an old PCN based on me memory?

Coupon-mad

Yes.

And if they've excluded it from a SAR response and yet are pursuing a claim for that alleged event, you need to report them to the ICO for this failure.