County court business centre claim form from Uk parking control limited

ox141jf

Hello, I recently received a county court claim:

1 The Defendant(D) is indebted to the 

Claimant (C) for a Parking Charge(s) issued 

to vehicle YG*9*M* at Paradise Street 

ForecourtParadise StreetoxfordOX1 1B 2. The 

PCN details are 23/01/2017, *****************

3. The PCN(s) was issued on private land owned 

or managed by C The vehicle was parked in 

breach of the Terms on Cs signs (the 

Contract), thus incurring the PCN(s).4. The 

driver agreed to pay within 28 days but did 

not. D is liable as the driver or keeper. 

Despite requests, the PCN(s) is outstanding. 

The Contract entitles C to damages. 

AND THE CLAIMANT CLAIMS 

1. £160 being the total of the PCN(s) and 

damages. 2. Interest at a rate of 8% per 

annum pursuant to s.69 of the County Courts 

Act 1984 from the date hereof at a daily rate 

of £0.02 until judgment or sooner payment.. 3. 

Costs and court fees

I have been reading through the newbie thread around CCJ's but I am finding it difficult to see what I need to do, I followed the steps to complete an AOS today 16/12/21 but have not been able to find a clear route past this point.

This is the location from the fine: google.com/maps/@51.7515486,-1.2639137,3a,75y,261.52h,92.3t/data=!3m7!1e1!3m5!1slzZCljTKfyV1bL512NuluQ!2e0!5s20170501T000000!7i13312!8i6656
At the time this fine was issued, there was no signage in place where I was parked, only much further down the road, if you use the timelines in google maps you can see in September 2016 there was posted signs but by march 2017 they were all gone. I believe that vandals regularly removed the signs as occasionally I saw remanence of signs.

In addition, this was dedicated parking on an abandoned property, there was no one being cheated or loosing out, and no blocking of access by people parking here and you can see that for years, people did park there even with signage up.

I would truly appreciate someone pointing me in the specific location I need to look to get the instructions for proceeding.

Redx

It's not a fine , it's an invoice for alleged breach of contract

It's not a CCJ either , so pointless reading that information , it's a CCC , County Court Claim !

Post the issue date from the claim form below

Read the defence template post by coupon mad at the top of the forum in announcements , then read posts 5 and 2 of the newbies FAQ sticky thread near the top of the forum in announcements too

Email a SAR to the DPO at UKPC attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data , if not already done

You are following the 12 numbered steps by coupon mad , to answer your underlying query

It's still private property , abandoned or not ( ie , irrelevant )

You received a CCC due to ignoring the NTK PCN back then ( foolish )

So , issue date ?

ox141jf

@Redx
yes I realize now that ignoring the PCN was foolish, however, at the time having searched for what I should do, the resounding consensus was to just ignore it
the issue date is the 8/12/21

Redx

ox141jf said:

@Redx
yes I realize now that ignoring the PCN was foolish, however, at the time having searched for what I should do, the resounding consensus was to just ignore it
the issue date is the 8/12/21

Not on here it wasn't ! Lol

I came here for advice in 2013 and followed the appeal route , successfully ( plus plan A on occasion too ) , I have stayed here ever since , so over 8 years !!  😁😁👍👍

It would have been a lot easier to deal with at the time , at Popla , plus less stress too

So issue date was 08 Dec 2021 and AOS submitted 16 December 2021 , so your deadline is 33 days after the issue date

Now follow the rest of my advice , plus any subsequent advice below

ox141jf

would this be acceptable:

IN THE COUNTY COURT

Claim No.: XXXXXXXX

Between

UK Parking Control Limited

(Claimant) 

- and -  

***********************

 (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. 

I admit that I was the driver of the vehicle when the PCN was issued.

3. At the time when the defendant parked at Paradise street in order to collect items from a nearby business, the building had no parking restrictions in place due to being abandoned, there was no clear signage indicating the defendant could not park, instead there was only bits of torn paper and remnants from posters and graffiti as posters and signs were regularly put up and removed in that area. Had the defendant seen clear signage stating parking was not allowed, they would have use one of the many parking locations in the surrounding areas instead of being fined.

Fruitcake

ox141jf said:

would this be acceptable:

IN THE COUNTY COURT

Claim No.: XXXXXXXX

Between

UK Parking Control Limited

(Claimant) 

- and -  

***********************

 (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 and driver of the vehicle in question but liability is denied. 

I admit that I was the driver of the vehicle when the PCN was issued.

3. At the material time when the defendant parked at Paradise street in order to collect items from a nearby business, the building had no parking restrictions in place due to being abandoned, there was and no clear signage indicating the defendant could not park. , i Instead there was were only bits of torn paper and remnants from posters and graffiti as posters and signs were regularly put up and removed in that area. Had the defendant seen clear signage stating parking was not allowed, they would have parked elsewhere use one of the many parking locations in the surrounding areas instead of being fined.

A few suggestions above. Don't help the claimant by supplying information that may help them.

I suggest you have a look at the Jopson vs Homeguard case (transcript available online) where the judge said around paragraphs 19 and 20 that loading/unloading is not parking.

Make sure you understand all the other points in the template, including lack of standing/not the landowner.

Get your own pics of the site and signage, and use Google Streetview to see if there are any historic images of the site from either side of the alleged event that support your case.

Redx

In Paragraph 2 , if you are admitting to driving , put keeper and driver , losing the second sentence

In paragraph 3 , !ose the word fined , because UKPC cannot fine anyone , so can easily rebut your argument and undermine it by stating that they have not issued a fine , or fined you , so lose the last 3 words

They issued a PCN invoice for alleged breach of contract

Edit , I see that fruitcake has tidied it up 😁😁👍👍👍

ox141jf

The best i can show using google maps is that the signs moved as supporting evidence that they were removed and reinstalled

D_P_Dance

Have you seen this?

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

ox141jf

So i did an information request and was provided with photos, one of the images shows a parking sign, however, there are no vehicles parked by that sign, and no evidence of any other signs.
https  we.tl/t-kiLQDgsupy is a link to the photo.

Also, the car in the photo is blue but the documentation says it is grey, would I have any standing with this?

D_P_Dance

Not if the VRN is correct.