Advice needed - County Court claim, UK Parking Control Ltd

venousdata

Hi all,

I've been on this forum for a while, posting in a thread about multiple tickets from UKPC for a private car park at my previous address.

For those interested in the original thread, see below: https://forums.moneysavingexpert.com/discussion/6010223/help-needed-ukpc-9-parking-charge-notices-7-at-debt-collection-2-appealed#topofpage

For those not so interested, a TLDR:
I received 9 tickets for unauthorised parking in a gated car park I had access to via key fob as part of my tenancy agreement, but they were sent to another address, which resulted in me only having enough time to appeal the most recent two. I got one cancelled, and WON at POPLA stage for the other. This left me with 7 tickets to fight.

For those interested in my POPLA appeal, see below:
https://drive.google.com/file/d/1sBtfWJfyJr1dsuBfcP6U8b6cTtFrzSXw/view?usp=sharing

UKPC have now instructed SCS Law to pursue me for the unpaid 'debt' from the 7 other tickets, and I received my Letter Before Action last week.

I've drafted up a quick defence. Any feedback would be GREATLY appreciated.
I did it pretty quickly as I plan to make incremental improvements according to feedback provided up until it's in a strong state nearer to the deadline. see below:
https://drive.google.com/file/d/1MZ328lLy2GJeEyKafdRe0XftnpiUNr-Q/view?usp=sharing

Thanks in advance!

The_Deep

£160 is more than the law allows, have you read this?

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

venousdata

Yes, I believe PoFA 2012 states that the maximum recoverable amount is the original ticket charge of £100. I’ve made a point about it in my draft defence.

venousdata

URGENT HELP REQUIRED

Morning all,

I received the official claim form on 28/10/19 and intend to send off acknowledgement (without defence filled in) today to get myself some extra time to file a good defence.

Would anyone be able to give some feedback on my draft defence from my last post please?

Many thanks

Redx

Date of receipt is not relevant

Please post the issue date from the claim form below

AOS is done online , no sending anything off , it's mcol , all done online by signing into the government gateway and using the mcol reference

venousdata

Hi,

The issue date is 28/10/19.

So if I respond to the claim online I don’t need to send anything from the claim form back?

Le_Kirk

venousdata wrote: »

Hi,

The issue date is 28/10/19.

So if I respond to the claim online I don’t need to send anything from the claim form back?

Correct and when you do the AoS online, DO NOT put anything in the defence box, not even a full stop!

venousdata

Hi,

So I’ve just done the AoS online and noticed that there was no defence box that I could type in. The only one is under available options (response forms -> start defence)

I assume I have a total of 33 days from the issue date to complete this part? Or I’d this the point at which I opt to email the defence to the court instead of filling the online form?

Le_Kirk

You don't use the MCOL forms, you type out your defence in a separate document, print it, sign it and scan it before sending it as a .pdf to the CCBC using e-mail [EMAIL="CCBCAQ@Justice.gov.uk"]CCBCAQ@Justice.gov.uk[/EMAIL]

Redx

The reason you were asked for the issue date is because KeithP normally gives you all the information required , including deadline dates and how to send it and where

Read any of his posts in other threads and you will see the main points

Just have some patience , email a SAR to the DPO at the PPC and attach a copy of the claim form as proof of I D under the GDPR law

Then start drafting your Defence and post it below

You will be given advice as this unfolds

KeithP

venousdata wrote: »

Hi,

The issue date is 28/10/19.

How many threads do we now have on this issue?

Please ask a Board Guide to merge your threads.


With a Claim Issue Date of 28th October, you have until Monday 18th November to do the Acknowledgement of Service. If possible, do not do the AoS before 3rd November, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 2nd December 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.