UKPC SCS Law County Court Claim Form Received

jagldn

Coupon-mad said:

Hang on, this was posted about a year ago!

Remind us how on earth there are 35-odd PCNs and for what reason was the car there, carrying on parking again and again, after the first few?

Hi - Yes delayed several times due to covid.
Originally parked in residents bay or disabled bay at private address with no signs, one day UKPC start ticket. Received poor advice at the time that it was private land, they had no power and ignore the tickets and they will leave you alone. This was true, for a few months, but then eventually they started ticketing daily. There were no alternatives at the time so the numbers stacked up, fast forward to today and they had provided contract with landowner, and evidence of each time. I have never responded to a single letter they've sent, nor confirmed the driver.

KeithP

Have you filed and served a Witness Statement and evidence?

Coupon-mad

Do you mean the driver had reason to be there, or not?  If they were dumping the car there to go to work and ignoring the PCNs then they are going to face a hounding from the Judge.  What's their defence?  Do you mean they WERE entitled to park there?

What were they doing in a disabled bay?

nosferatu1001

Also show us the contract, you never know
DO NOT redact it yourself. DO NOT. CANNOT stress that enough. 

jagldn

KeithP said:

Have you filed and served a Witness Statement and evidence?

Yes - I have.

nosferatu1001

To court and claimant?

jagldn

Coupon-mad said:

Do you mean the driver had reason to be there, or not?  If they were dumping the car there to go to work and ignoring the PCNs then they are going to face a hounding from the Judge.  What's their defence?  Do you mean they WERE entitled to park there?

What were they doing in a disabled bay?

When you say hounding from the judge can you be a little more specific? are you referring to the implied contempt of the PCNs? This is a valid argument, and deserved. Is there any scenario where leniency might be shown?
The car was parked at a residential address long before UKPC enforcement, the car was used by multiple people in the household so its hard to identify a driver 3 years later.
Disabled bay was used because we have a disabled badge, which was used for the majority of the times parked there. Wasn't always displayed for a number of reasons, was misplaced for a period, then expired and there was a lapse when it needed renewing, didn't hurry as didn't think it mattered on private land, sometimes the car was parked in an unmarked bay too.
Are you saying its a slam dunk loss if the judge deems inappropriate use of the disabled bay?
Defence mentions the above, not becoming aware of the number of tickets applied until being deluged by threatening court letters, and the abuse of process template.

jagldn

nosferatu1001 said:

Also show us the contract, you never know
DO NOT redact it yourself. DO NOT. CANNOT stress that enough. 

Can I post that here? It has other peoples names, roles etc on it.

nosferatu1001

Shockingly enough, if you are told to post it, you can post it. 
You could also have confirmed by reading other threads, so you know you can post it. 

Drivers - this is useful. Do you know if they met the requirements of POFA2012 to hold the keeper liable? You need to READ an NtK and compare to the SIMPLE requirements list of POFA2012 schedule 4 para 8 or 9 (9 if there wasn't a notice on the windscreen)
We're not saying slam dunk loss, but just have a think of how it appears. You cannot discount being on a judes good side, and apparent abuse of a disabled bay is going to start you off on the wrong foot. 

Coupon-mad

You still haven't said why the car parked there - basic stuff - were the family residents at the site?

I am trying to establish if the driver was trespassing or was a resident?  Huge difference.