unpaid PCN, court hearing letter - case CLOSED

kokolino23

1505grandad said:

Just checking:-

"Between

UKPC – Claimant"

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

Thanks, of course - is the name mentioned on claim form and the claim number as well

kokolino23

Happy New Year!

kokolino23

@Umkomaas, @D_P_Dance, @KeithP, @Le_Kirk, @Redx, @coupon-mad, @patient_dream, @fruitcake

Any chance to review my Defence on P5 before I'll email it over, please?

Thanks a lot

Redx

kokolino23 said:

@Umkomaas, @D_P_Dance, @KeithP, @Le_Kirk, @Redx, @coupon-mad, @patient_dream, @fruitcake

Any chance to review my Defence on P5 before I'll email it over, please?

Thanks a lot

Not until you post only the paragraphs that you changed !! I never check a full twenty something paragraph defence , you pay a lawyer for that service  ( I did tell you this in my subsequent reply on page 5 ! ). So a repeat NO from me ! 🤔🤔

No point emailing it until at least 09:01 on Tuesday ( they are currently closed )

KeithP

In fairness @Redx, the OP has left out paras 4 to 15, presumably because they remain unchanged.

However, I can see that large chunks of paras 16 onwards have been adjusted by the OP for no good reason.

Redx

Ok , well the separate paragraphs in 2 each need a number

The paragraph in 3 is better in a WS , not the defence , IMHO it adds nothing to a defence , it's just a typical whinge ! ( A rant ) , so called harassment and feelings are nothing without a counter claim and evidence including medical evidence to back them up , meaning , So what ? Chasing up an alleged debt is standard business practice and allowed

I never check a defence after the template paragraph 4 , especially not 16 to the statement of truth 90% of the template defence does not need altering or checking , meaning my previous reply on page 5 still stands ( as far as I am concerned , the defence"draft for checking should be from paragraph 2 to say paragraph 6 , on a few paragraphs that get renumbered , plus amend the Somerfield reference ! Only ) lol. 😁😁

If there are more paragraphs than the revised 2 & 3 , then the Somerfield reference to 5 needs adjusting accordingly

If people want a free check , then do it our way , or people like me move onto the next discussion , because the more that needs checking , the less chance of me comparing it to the template defence or checking it , not on a parking charge forum 😁 

Anyone who tags my name will get an opinion , but maybe not what they want

I remember the days when we only saw parking charge posts , not legal matters like court claims ! , My signature below explains this !

Umkomaas

I've been tagged in, but clearly the OP hasn't read my signature!

kokolino23

Umkomaas said:

I've been tagged in, but clearly the OP hasn't read my signature!

That's fine, you made some comments in the past offering advice. Just read your signature and took notice, thanks anyway.

Umkomaas

kokolino23 said:

Umkomaas said:

I've been tagged in, but clearly the OP hasn't read my signature!

That's fine, you made some comments in the past offering advice. Just read your signature and took notice, thanks anyway.

No worries. Sorry I'm not able to help. Having been literally a daily contributor to the forum for approaching 9 years, and with almost 35,000 posts, it has certainly not been a superficial involvement, I've had to draw a line somewhere in terms of a 'work'/life balance, otherwise I'd be seeking advice for my own court case - at the local divorce court! 

I'll still contribute to your thread, where I can.

kokolino23

IN THE COUNTY COURT

Claim No.: XXXXXXX

Between

UK Parking Control Limited – Claimant

- and -  

XXXXXX – Defendant

--------------------

DEFENCE
---------------------

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question, but liability is denied. The Defendant is denying as being the driver at the time when the PCN was issued. The Defendant was not driving on the material date because was driving a different vehicle (the Defendant used a Company car). Defendant has proof of not being in the location by way of receipts and work records for the date in question. Defendant did not accept any contractual terms with the Claimant nor did the Defendant agree to pay as the Defendant was not the driver.  Only the driver could enter into any binding parking contract.  The Claimant has not provided any evidence the Defendant was the driver.

3.  The Claimant has not stated the basis the Defendant has liability. If the Claimant is relying on the provisions of Sch 4 Protection of Freedoms Act 2012 (POFA) to transfer liability for the charge from the driver on the day to the Defendant as keeper, they are put to strict proof that a Notice to keeper that fully complied with all the terms and conditions set out on POFA was served on the Defendant. 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.

Then 4 -18 are the same as in the Defence Template

Not sure if should I leave the below or save it for WS

ADHERENCE

19.       The Claimant are put to strict proof of adherence with their governing body's Code of Practice, the BPA, mainly but not limited to, signage, grace periods, and predatory tactics.  Regarding grace periods their Code states drivers must be allowed a reasonable grace period prior to parking.

20.       The Defendant believes that the PCN was issued without allowing the driver a reasonable time to read the contract the onsite signage.  The timings on the Claimant's photographic evidence of the vehicle were taken from 12:32:56 to 12:33:40 which is less than 1 minute.  The PCN was therefore issued without allowing the driver any grace period to agree to any terms or conditions.

21.       A Notice to Keeper was sent to the Defendant dated XXXX .  This is a lawful document and on reading it, it clearly gave the Keeper (Defandant) 42 days to respond.

22.       However, the Claimant did not allow the Defendant 42 days to respond.  Instead the Claimant sent a letter dated XXXXXX which is before 42 days had elapsed.  The Claimant's letter reduced 42 days down to 28 days and stated:

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.

 

SUMMARY

23.       I do not know what alleged terms and conditions are meant to have been broken.   The Particulars of the claim simply state my vehicle was parked in breach of the terms on Claimant's signs.

24.       On receipt of photos provided by the Claimant following a SAR.  The vehicle is neatly parked beside another vehicle and does not appear to be causing any obstruction, it is not in a disabled bay or parent and child bay.   

Thank you