UKPPO Court Claim Form

Stampson

I have requested a SAR to the ticket provider and they have sent me back several copies of the photos of the car in a space from different angles. Also included are copies of the email chain when an "appeal" was sent via email, asking for further details of the PCN when a NTK was received. There's also copies of the window ticket and NTK.

They didnt send any additional details requested such as:
- all evidence you intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed)
- a close up of the signage at PLACE on DATE.
- evidence you have paid a debt collector.

Redx

Those items are not your data , so they don't have to provide them until the WS plus Exhibits stage further down the line

If you have the ntk etc , you should be aware of what it's all about , even if the POC aren't clear

Stampson

They have provided all my information then.

The information I was trying to get from the ticket issuer was why they believe I owe them any money, breach of contract, trespass etc. As from reading other post this determines which case law i should present as evidence.

The NTK states that:
"This charge relates to the period of parking that immediately preceded the issue of that Notice, the charge having been incurred for the reason as follows: Unauthorised Parking. Liability for the same having been brought to the attention of the driver by clear signage in and around the Site at the time of parking."

The claim form only states:
"monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on XXXXX (Issue Date) at at Private Parking At [Address]. The PCN relates to [Vehicle] under registration [Reg]. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so."

Redx

So they are stating that it was unauthorised parking , meaning no permission to park , probably meaning that a permit is required

Unauthorised parking = trespassing , due to forbidding signage

Not authorised to park means no parking contract offered to the driver

No parking contract means no consideration

UKPPO cannot take people to court for trespassing

Stampson

Thanks for the info that's really helpful.

From that then I'll try and find some more wording to put in the defence around them not having any right to bring the claim against me and that it should be the landowner?

KeithP

Why do you feel the need to tell them who should be bringing the claim against you?

Stampson

It's seems logical to me that if you're saying that someone isn't the correct person to bringing a claim, then to say who should be reinforces the point.

I infer that I shouldn't do this and therefore my defence is OK as is?

Le_Kirk

Thanks! updated to be all in first person

You meant Third Person!

Stampson

:doh: My head's chocca

Coupon-mad

Defence looks OK except remove all this padding & waffle!

3. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.

4. The Defendant believes the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. The Defendant has reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

5. The Defendant suggests that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support.