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UKCPM County Court Claim HELP

13468913

Comments

  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Do I have to change from Independent Parking Committee to International Parking Community??

    And do I need to remove the word "and" on the end at the paragraph 16?

    Is the rest looks okay?

    What about the paragraph 13??
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chris0147 said:
    Do I have to change from Independent Parking Committee to International Parking Community??

    And do I need to remove the word "and" on the end at the paragraph 16?

    Is the rest looks okay?

    What about the paragraph 13??
    You already know the answers to all those questions, don't you?
  • 1505grandad
    1505grandad Posts: 3,988 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    UK Car Park Management Ltd  - is this the correct name of the claimant as stated on the claim form?

    Not as you have stated.
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 26 August 2021 at 10:28PM

    UK Car Park Management Ltd  - is this the correct name of the claimant as stated on the claim form?

    Not as you have stated.
    No, it said on the court claim form the name of the claimant is the solicitor's name. Do I put her name on it as a claimant?
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    KeithP said:
    chris0147 said:
    Do I have to change from Independent Parking Committee to International Parking Community??

    And do I need to remove the word "and" on the end at the paragraph 16?

    Is the rest looks okay?

    What about the paragraph 13??
    You already know the answers to all those questions, don't you?
    Not really. This is why I have asking you the questions.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 August 2021 at 10:42PM
    chris0147 said:

    UK Car Park Management Ltd  - is this the correct name of the claimant as stated on the claim form?

    Not as you have stated.
    No, it said on the court claim form the name of the claimant is the solicitor's name. Do I put her name on it as a claimant?
    No it doesn't.
    Please read your Claim Form again.
    What exactly is in the box labelled Claimant?
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    KeithP said:
    chris0147 said:

    UK Car Park Management Ltd  - is this the correct name of the claimant as stated on the claim form?

    Not as you have stated.
    No, it said on the court claim form the name of the claimant is the solicitor's name. Do I put her name on it as a claimant?
    No it doesn't.
    Please read your Claim Form again.
    What exactly is in the box labelled Claimant?
    It said "Frances Bennett" Claimant's Legal Representative
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I have joined the paragraph 8, 9 and 10 so here it is:

    8. Before seeking to rely on the keeper liability provisions of Schedule 4 POFA the Claimant must demonstrate that there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

    9. To the extent that the Claimant may seek to allege that any such presumption exist, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision. In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter.



    What about this?

    12.   Accordingly it is denied that:
    12.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
    12.2. there was any obligation (at all) to display a permit; and
    12.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.



    Does this looks good?

    16.   The signage did not comply with the requirements of the Code of Practice of the International Parking Community’s ("IPC") Accredited Operators Scheme, an organisation to which the Claimant was a signatory.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chris0147 said:
    KeithP said:
    chris0147 said:

    UK Car Park Management Ltd  - is this the correct name of the claimant as stated on the claim form?

    Not as you have stated.
    No, it said on the court claim form the name of the claimant is the solicitor's name. Do I put her name on it as a claimant?
    No it doesn't.
    Please read your Claim Form again.
    What exactly is in the box labelled Claimant?
    It said "Frances Bennett" Claimant's Legal Representative
    Looks like we need to use pictures.


  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    KeithP said:
    chris0147 said:
    KeithP said:
    chris0147 said:

    UK Car Park Management Ltd  - is this the correct name of the claimant as stated on the claim form?

    Not as you have stated.
    No, it said on the court claim form the name of the claimant is the solicitor's name. Do I put her name on it as a claimant?
    No it doesn't.
    Please read your Claim Form again.
    What exactly is in the box labelled Claimant?
    It said "Frances Bennett" Claimant's Legal Representative
    Looks like we need to use pictures.


    Oh, it said UK Car Park Management Limited
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