BW Legal notice of county claim issued for a PCN from 2015!

Orangecordial

1505grandad said:

Who is the parking company?

Assuming it is not ParkingEye have you seen the "Suggested template defence" sticky?

Parking company is UK Parking Patrol Office Limited. I have been using the sticky and the template, but am getting confused when looking at the example defences as it is a residential claim, but I am not a resident so can't word it the same way.

nosferatu1001

The template defence is NOT about a tenant so you're looking in the wrong place. 

Orangecordial

nosferatu1001 said:

The template defence is NOT about a tenant so you're looking in the wrong place. 

You are right - I have been looking at the example defences to get ideas of how to draft my own defence, which are about tenants. I'm really not sure what I should write!

Redx

The PCN must have been issued some time ago , you chose not to pay it so must have had a reason for not paying it , what was that reason ?

Not paying a PCN can commonly mean you are agreeing to a county court claim in the future , within 6 years

So not paying at the time the typical £100 has led to this point , which is not a surprise to anyone here

One leads to the other

The claimant has to have a proper landowner authority in place , the written consent to take people to court , adequate signage etc , so plenty of hurdles to jump

You are on a money saving forum asking about paying a sc#mm#r , how is that saving money ?

nosferatu1001

Orangecordial said:

nosferatu1001 said:

The template defence is NOT about a tenant so you're looking in the wrong place. 

You are right - I have been looking at the example defences to get ideas of how to draft my own defence, which are about tenants. I'm really not sure what I should write!

Have you read the template defence? Simple yes or no. What precisely about the template defence you have NOW read, doesn't work for you?

Castle

Back in 2015 UKPPO Limited had only just "taken over" from UKPPO the Sole trader on 1st April of that year; they may still have had the contract/signs in the Sole trader's name. 

Johnersh

Back in 2015 UKPPO Limited had only just "taken over" from UKPPO the Sole trader on 1st April of that year; they may still have had the contract/signs in the Sole trader's name. 
Check that carefully as the two would be separate legal entities. Interestingly UK parking patrol Ltd appear to have joined the IPC on 09/11/2015, so at the time of the event they were presumably not a member of an approved operator scheme. 

Snakes_Belly

Johnersh said:

Back in 2015 UKPPO Limited had only just "taken over" from UKPPO the Sole trader on 1st April of that year; they may still have had the contract/signs in the Sole trader's name. 
Check that carefully as the two would be separate legal entities. Interestingly UK parking patrol Ltd appear to have joined the IPC on 09/11/2015, so at the time of the event they were presumably not a member of an approved operator scheme. 

There was a recent decision of a parking case on the forum regarding separate entities and the case below was cited by the judge. This case is very relevant in the above scenario as it was a case that involved an individual (sole trader) and a limited company. The case defines a limited company as a separate entity.  
the https://www.lawteacher.net/cases/salomon-v-salomon.php

Orangecordial

Redx said:

The PCN must have been issued some time ago , you chose not to pay it so must have had a reason for not paying it , what was that reason ?

Not paying a PCN can commonly mean you are agreeing to a county court claim in the future , within 6 years

So not paying at the time the typical £100 has led to this point , which is not a surprise to anyone here

One leads to the other

The claimant has to have a proper landowner authority in place , the written consent to take people to court , adequate signage etc , so plenty of hurdles to jump

You are on a money saving forum asking about paying a sc#mm#r , how is that saving money ?

I chose not to pay as the ticket said I did not have authorisation to park there, but I was under the impression that I did, as I was visiting someone who lived in the building. I didn't see any sign telling me otherwise, or I wouldn't have parked there. And if the person who lives there and walks through the car park every day doesn't know that you need a permit or whatever then how is a visitor supposed to know?? 

I am definitely not asking about paying them, I have no intention to pay any fee to park where I have been told I can park for free. Had this situation been escalated to this point years ago when it actually happened, I'd probably be a bit more confident in what I needed to write in my defence as it wouldn't be such a distant memory...

Orangecordial

Snakes_Belly said:

Johnersh said:

Back in 2015 UKPPO Limited had only just "taken over" from UKPPO the Sole trader on 1st April of that year; they may still have had the contract/signs in the Sole trader's name. 
Check that carefully as the two would be separate legal entities. Interestingly UK parking patrol Ltd appear to have joined the IPC on 09/11/2015, so at the time of the event they were presumably not a member of an approved operator scheme. 

There was a recent decision of a parking case on the forum regarding separate entities and the case below was cited by the judge. This case is very relevant in the above scenario as it was a case that involved an individual (sole trader) and a limited company. The case defines a limited company as a separate entity.  
the https://www.lawteacher.net/cases/salomon-v-salomon.php

Thankyou so much for this, i will read through it now.