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UKCPM County Court Claim HELP
Comments
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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??0 -
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??0 -
UK Car Park Management Ltd - is this the correct name of the claimant as stated on the claim form?
Not as you have stated.0 -
1505grandad 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.0 -
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??0 -
chris0147 said:1505grandad 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.
Please read your Claim Form again.
What exactly is in the box labelled Claimant?0 -
KeithP said:chris0147 said:1505grandad 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.
Please read your Claim Form again.
What exactly is in the box labelled Claimant?0 -
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.
0 -
chris0147 said:KeithP said:chris0147 said:1505grandad 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.
Please read your Claim Form again.
What exactly is in the box labelled Claimant?
1 -
KeithP said:chris0147 said:KeithP said:chris0147 said:1505grandad 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.
Please read your Claim Form again.
What exactly is in the box labelled Claimant?1
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