unpaid PCN, court hearing letter - case CLOSED

Coupon-mad

They got it from UKPC's useless old version of a NTK and believed it stated the law.  It doesn't of course.

kokolino23

Umkomaas said:

"42 days" don't exist in private parking cases, don't know where you've got that from?

Their first letter (28/07) sent to the keeper

If, after a period of 42 days, (beginning with the day after this Notice is given), the amount requested in this Notice has not been paid in full (or we have not been informed of the driver’s name and current address) you, the Registered Keeper under the terms of,Schedule 4 of the Protection of Freedoms Act 2012,will be liable to pay the unpaid Parking Charge.

Then the last letter (29/08) I've had from UKPC was a notification letter

Despite issuing a Parking Charge and writing to you previously we (UK Parking Control Ltd.) have not received payment. As 28 days have lapsed, you, the Registered Keeper of the vehicle can be made liable for the Parking Charge. If full payment is not made within 14 days, or if we are not provided the drivers details then the charge will be passed on to our debt recovery agency.
Following from this, and if necessary, we will commence County Court Proceedings against you for the amount outstanding, interest and court costs. If the Court orders Judgment against you, and payment of that Judgment is not made, this may affect your ability to borrow money or obtain credit in the future. A warrant may also be issued for the Court’s appointed bailiff to recover the payment. At this point you would also become liable for the additional fees of the enforcement agency.

After this point, I've only had letters from Debt Recovery Agencies

Coupon-mad

We know.  We've seen that joke of a NTK before.

kokolino23

I've started to write my defence.

Quick question, would be worth emailing my local MP as well or doesn't matter at this stage?

Thanks

Umkomaas

kokolino23 said:

I've started to write my defence.

Quick question, would be worth emailing my local MP as well or doesn't matter at this stage?

Thanks

Always helps to get an MP informed about dodgy private parking charges. After all, they are the law makers. Just a quick email should suffice. But I'd suggest that at this stage you priority lies in getting your Defence organised. 

kokolino23

My Defence below so I can have enough time to ammend it if necessary. The template was modified to reflect my postion related to this case (paragraphs 2, 3, 4, 16, Adherence and Summary). Thank you

Edited on Page 6

Redx

People here rarely read a complete defence , never mind comment on it

We only want to see the paragraphs that you changed , it's your homework being checked not coupon mads !

I can see at least one I in there , should be none

Every paragraph needs a number

Coupon-mad

Get rid of 4 as the template already more than covers the fake added costs.

Remove the two paragraphs above the heading 'defence' as that adds nothing and if not within your defence, those words are a nullity.

This is not right because there is quite a bit more to the requirements of schedule 4 than merely sending out a compliant NTK:

It was the will of parliament that this would be the only lawful way in which the keeper could have liability for such a charge.

kokolino23

Coupon-mad said:

Get rid of 4 as the template already more than covers the fake added costs.

Remove the two paragraphs above the heading 'defence' as that adds nothing and if not within your defence, those words are a nullity.

This is not right because there is quite a bit more to the requirements of schedule 4 than merely sending out a compliant NTK:

It was the will of parliament that this would be the only lawful way in which the keeper could have liability for such a charge.

Thanks - done!

Not sure if should I leave Adherence and Summary or keep them for later (WS perhaps)

1505grandad

Just checking:-

"Between

UKPC – Claimant"

You will of course put the full name of the claimant as stated on the claim form?