Ukcps MCOL

Tummy

Thank you for your Help Keith i appreciate it.
I read through the help post on more than one occasion but i struggled to find anything close to what i`m trying to defend and some are really long others are short and simple. I edited one of the short simple ones but i don`t think its correct.
I tried editing a couple of the longer ones but i started mumbling when trying to replace items in the letter.

Coupon-mad

Yep that looks fine except I would add a version of these facts as a point #3 after your basic point #2, then adjust the numbering below to suit:

Background story: 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.

You need to say the above as well as these are the facts.

Just change 'I' to 'The Defendant' and add it.

Then email it as KeithP explains to everyone, and re-read the NEWBIES posts about IMPORTANT - KNOW WHAT HAPPENS WHEN' as it's not just about submitting this defence!

Don't ask about DQ stage please (all covered in the NEWBIES thread links) but we'll see you again at Witness Statement and evidence stage, a few weeks before your local hearing.

Tummy

Thank you for the advice i`ve added what you mentioned and will post it as my defence.


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. The defendant is a blue badge holder who is undergoing Heart transplant assessment, The defendant visited the place in question to pick up a prescription.The defendant drove around the car park 3 times waiting on a free bay but none became available, the defendant then did what they would normally do in this situation and looked for where they would cause the least disruption possible and parked on the double yellow lines which the blue badge allows on roads in Hartlepool.
The defendant did not stop long and did not have any notice attached to the car on return.

4. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

5. 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.

6. 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.

7. 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

Coupon-mad

Looks fine. Stick around, as defence is not the only hoop to jump before a hearing.

Tummy

Quick update:
I`ve received the small claims track which is due back by the 24th of June which i will post later this week.
i still have not received the information i requested with the SAR, but i have received a letter asking if i would like to settle out of court at a reduced rate of £130.
Weeks I`ve been waiting for the SAR but they send me a reduced offer literally days after receiving my defence.
Something smells fishy.
Needless to say i won`t be settling out of court and i will keep you guys up to date.
Thanks again for all the super help and advice.

Tummy

i finally received my Sar in the post and the pictures show there was no double yellow lines but in my defence i stated i parked on double yellow lines will this make any difference?

Coupon-mad

Not at all; it's their fault for not providing evidence & images pre-court.

Have you don the important contact I told you to do in post #15? Those questions I listed were written specifically to help your defence later, at WS stage.

Tummy

I`ve taken pictures of the entrance and the main car park board, I`ve contacted the council to see if its there land they confirmed it was`nt, but they would not say who owned the land.
I have tried google and asking in shops who owns the land and why Ukcps were removed but i got no answers.
I wrote to my M.P to complain as well but he has`nt replied.
Thank you again for the help i really appreciate it.

Coupon-mad

I`ve contacted the council to see if its there land they confirmed it was`nt, but they would not say who owned the land.

Don't phone. WRITE and ask who pays the non-Domestic rates for that piece of land.

Not ''who owns it''.

And write/email to the Store Managers asking why UKCPS were removed, and tell them what has happened and can they offer any words of support?

No phone calls, no going in person, as that doesn't gather the evidence you need. At the very least you might get a helpful sympathetic reply by email or post from a Store Manager telling you they got umpteen complaints about UKCPS. Then you can add that as evidence with your Witness Statement shortly, blasting to smithereens the idea that this Claimant has a 'legitimate interest' in pursuing the charge for justifiable commercial reasons.

That sets it apart from the Beavis case, and it is vital to gather something as evidence.

Tummy

I`ve emailed the council asking for the information of the non domestic rates.
I`m off work this friday so i will call into every store and get the email address for each shops manager and send them an email.
Thanks again