Ukcps MCOL

Tummy

I have been on google maps the images are from jun 2018 before the alleged offence.
I am unable to zoom in enough to find an email address.
Can they prove there was ever any signage up on the date of the offence if the signage is no longer there and google maps is from before the event occured?

Redx

you will put them to proof of signage in order to force it out at the WS + EXHIBITS stage, ditto for the landowner contract etc as well


its is for them to prove their case, in court


post a SAR to them with free certificate of posting from the P O Counter (not signed for)

Tummy

Thank you i will do this i`m no stranger to writing to my MP.

Coupon-mad

Tummy wrote: »

I have been on google maps the images are from jun 2018 before the alleged offence.
I am unable to zoom in enough to find an email address.
Can they prove there was ever any signage up on the date of the offence if the signage is no longer there and google maps is from before the event occurred?

June images, for a PCN dated September, are likely to be the right signs.

They will of course have photos taken and they will come with the SAR reply.

Compare them to these & pick up some tips about how to word your defence re signs:

http://parking-prankster.blogspot.com/2014/07/ukcps-claim-dismissed-judge-rules_14.html

http://parking-prankster.blogspot.com/2014/07/ukcps-claim-dismissed-judge-rules.html

Meanwhile, if you can find out who manages or runs the place/owns it, send them a letter or email asking:

- why UKCPS were removed, and
- are they able to tell you whether public and shopkeeper complaints played a part in not renewing that contract, and
- are they happy that no grace period was allowed for at least 10 minutes?
- are they happy that their contractor breached the Equality Act 2010 by failing to make 'reasonable adjustments' for disabled visitors to the pharmacy, given the facts, which are:

I'm a blue badge holder who is undergoing Heart transplant assessment.

I visited the place in question to pick up a prescription, I drove around the car park 3 times waiting on a free bay but none became available, So like i would in any situation i looked for where i would cause the least disruption and parked on the double yellows which my badge allows on roads in my home town.

i was in the pharmacy about 5-10 minutes then i drove home.

Tummy

So My time is nearly up to submit my defence and low and behold i recieved a letter asking for more information regarding my SAR. it took them over 2 weeks to send me a letter requesting more information.
Looks like i will have to do my Defence without the information they have on me.

KeithP

Tummy wrote: »

Looks like i will have to do my Defence without the information they have on me.

That's right. Nothing unusual there.

Remember...

...you have until 4pm on Wednesday 5th June 2019 to file your Defence.

That's just over a week away.

What has happened in the last three weeks?
Your Defence must be pretty much ready now.
Show us your draft when you are ready.

Tummy

Last 3 weeks I have been trying to find out who owns the land or why the parking company has changed by asking staff inside the stores but nobody seems to know. People seem to think people may have complained about them.
Ive been Scouring the internet to try and find a draft that would closely resemble my defence but nothing seems to match.
Ive searched over these forums, legalbeagles and a couple of others to no avail.
I also wrote to my MP.

KeithP

Without even going back to read your thread, I would put money on one of the concise Defences by Bargepole linked from post #2 of the NEWBIES thread being easily adaptable to fit your situation.

There are several Examples of Defences linked from post #2 of the NEWBIES thread. Have you read them?

Tummy

This is an edit of one of the closest templates i could find but i don`t know if its enough.
In The County Court
Claim No: XXXXXXX
Between
UKCPS Ltd (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver 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 XXXXXXXX has not entered into a contract due to their being no Signage stating this is private property as you enter the car park nor is their any signage on the main car park sign.

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 £60 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

Tummy

Hi Keith thank you for your responses. I read them and others but i could mainly see things about poor bay markings and people having permits and still being fined.
I thought this was council land so i`m wanting to argue the fact i entered into a contract.