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Defence vs UKPC (Parking in my own space)

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  • peoplepower555
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    Well they haven't actually responded to the SAR at all. It's been 3 weeks - How long does it need to be before i can report them? I still think the main issue is expecting me to defend something i have little memory and no evidence of, which i have stated in my defence. I'm sending it this morning so will keep you posted! Hopefully I can get a bit of money off them as in my opinion they've been seriously out of order in relation to each PCN.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    I still think the main issue is expecting me to defend something i have little memory and ...

    No, the main issue is that they are attempting to charge you for something they had no legal right to. They have interfered
    with your leasehold right to peaceful enjoyment of your property, have wasted your time, may have behaved unreasonably, abused court processes, may have trespassed on your land, and have harassed you unlawfully. These parasites have no place in private car parks.

    Read this and give them a good kicking.

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

    Have you got your MP on board, you should, it will cost them money.
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 22,394 Forumite
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    Well they haven't actually responded to the SAR at all. It's been 3 weeks - How long does it need to be before i can report them?
    PPC's along with any company served with a SAR have 30 days to respond.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    5 - remove. Any issue of costs is NOT written into the defence

    You will know, because you refernces CPR27.14, EXACTLY what costs CAN be claimed
    - normal cost of a days pay capped at £95, mileage, parking. NOTHING for preparing the defence etc
    - unreasonable behaviour costs, at £19 per hour, IF and ONLY IF you can show they have bene unreaosnable. This is wher eyou ITEMISE writing defence, sending SAR, writing WS, etc.

    7 - remove, obviously this cannot be included as you are not claiming KEEPER protections under POFA.

    Current batch of copy and paste claims? you have ONE CLAIM so its hardly a batch!

    As regards PCN 1 - you CAN sttate that this has nothing to do with the other events, and so should be its own hearing, however the court could see it as similar enough that it saves THEIR time (which is impoirtnat, yours is NOT important) and so leave it in.

    For the first event - do you know for sure who drove? If you are at all unsure why admit it? Why not make teM PROVE they were compliant with POFA, when w eKNOW they were not??

    That defnece is FAR FAR FAR FAR too long
    You need to be sparing in your use of words
    No narattive. no fleshing out., Legal arugments to the front and centre - and the killer, primacy of contratc - right htere

    You could counter sue them for tortioius intereference with your lease, harassment and breahc of DPA as well. Keep it to £500 and theyd have difficulty defending it as your lease has the killer - exclusive use.

    Have you told the MA to cease and deisst yet? No need to pay for a permit to park in your own land!
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