PCN(s) UKPC - Court Claim Form (WON)

Coupon-mad

Here is what someone said in their WS. This is not something you can be judged for:

12. I did not respond to the brightly-coloured alarmist Notices sent to me by Excel because I believed they were spam (this sort of scam had been exposed on Watchdog). Also, as I was not the driver and these were not offences or fines from an Authority like a Council, there was no reason or obligation upon a registered keeper to ‘appeal’ to what appeared to be junk mail. I have since researched this, hence my knowledge that these are non-POFA PCNs, incapable of holding me liable anyway

13. This is not an obligation or a failure on my part; I had no reason to respond and this is supported by my Exhibit IL1, an extract from the POPLA Annual Report 2015.

14. Barrister and parking law expert Henry Greenslade was the ‘POPLA’ (‘Parking on Private Land Appeals’ independent service offered by the BPA) Lead Adjudicator from 2012 – 2015 and Excel was under that Trade Body at the time of the first mentioned in this claim. I adduce as evidence Mr Greenslade’s opinion in the POPLA Annual Report 2015 which confirms that there is no presumption in law that a keeper was the driver and that keepers do not have any legal obligation whatsoever, to name drivers to private parking companies. No adverse inference can be drawn from my choice not to respond to what appeared to be spam.

In that person's case they had non POFA PCNs and were not the driver but the fact of the matter remains the same for any keeper - there is no obligation to respond to a private firm (unlike with a Police NiP).

Indeed, why would anyone hand over their data to this lot of ex clamper chancers, who have been banned twice by the DVLA in recent years:

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

https://www.bbc.co.uk/news/uk-england-35253759

..and who were pursued by Trading Standards (not well enough) in 2011:

http://forums.pepipoo.com/index.php?showtopic=63597

KnightRS

Got my phone hearing today at 11AM. Hope it goes well! Haven’t been able to log into these forums regularly but wanted to add a quick update - looked at UKPCs contract and it appears that they were operating outside of the contracted area! 

I’ll post details up later! 

Umkomaas

Thanks, look forward to hearing the outcome. Good luck. 👍

nosferatu1001

Make sure you absolutely raise that - they have zero authority excpet whats granted in teh contract, so if theyre not within the bounds of that contract, they are stuffed. 

KnightRS

Case dismissed, boom!

Also awarded costs £215. Judge was amazing and she picked up immediately that the Claimant had no authority in the area I had parked.

Coupon-mad

Well done - and your costs awarded were good!  She must have found their conduct 'unreasonable' to have decided to award those costs.

Can you give us more of a court report (maybe later) to help other newbies see how it goes in court?  i.e. what the Claimant said, what you said and what the Judge said and whether the C objected to those costs...anything you can remember really!

ANOTHER UKPC ONE BITES THE DUST!

nosferatu1001

Indeed, well done!
A fuller court report would be really helpful - case number as well if possible!

Le_Kirk

A well done from me too and a court report when you have stopped walking on the celling would be a good read.

Redx

Well done , made my day that the claimant has been punished with extra costs for trying a sc#m !!

Shame it didn't have more zeros on the cheque !! 😀

D_P_Dance

Also awarded costs £215.

Is  that good, how many hours did you spend on the case?  How many miles did you drive?