UKPC County Court Business Claim

moneymat

Thank you Coupon-mad I'll check that typo haven't spell checked the document yet but will do before sending it.

Re UKPC Car Park Management (I think this is just the way they phrased it on the pass) - it definitely was UKPC who was employed by House of Fisher Ltd to monitor their 50% of parking bays (identified by HoF logo) as I have checked with them & it is confirmed by them in an email - Exhibit 9. ESA did not employ anybody to monitor their 50% of parking bays (again identified by ESA logo) this is confirmed in a letter & emails from them - Exhibits 6 & 7
I have changed the wording in paragraph 5 to UKPC to avoid confusion. Is there anything else I need to do to make it clearer?

Again many thanks for your help it is greatly appreciated.

Coupon-mad

 (I think this is just the way they phrased it on the pass) .

Please check. Are you sure it doesn't say UK Car Park Management? That is a completely different parking company (an IPC firm, not BPA) and either way, I'd be stating this as an aside.

moneymat

Sorry Coupon-mad I'm not sure what you mean by I'd be stating this as an aside. Have checked with both companies & put their replies below.


ESA did not employ any parking companies to monitor their parking as indicated below in a letter - exhibit 6

Reference: - xxxxxxxx / xxxxxx(Visitor)

Re: Flat 4, Athena Court, 

To whom it may concern,

Please take this as confirmation that the above-named guest(s) stayed in Flat 4, Athena Court between the dates of January 2017 until approx. 20th of May 2018. During this time, xxxxxxx was a guest of ESA (executive serviced apartments) and can confirm that no parking enforcement company were employed to monitor the car park and enforce fines. ESA shared the ownership of this building with another serviced apartments company called House of Fisher who are now the sole owners of this building.

This is the email from HoF confirming it was UKPC - exhibit 9

Hi xxxxxxxx

I hope you are well.

I am sorry to hear about the below – this is indeed quite a dilemma.

I have spoken to my Manager about this, and I can confirm that UKPC did manage the car park at the time (contracted by HOF). However they were only contracted to manage HOF parking bays, as we shared half of the apartments in the property at the time with ESA.

Our parking bays all had ‘House of Fisher’ plaques on the floor/wall. Therefore if, as you say, you were parked in an ESA parking bay, with a valid permit – then the PCN was issues incorrectly. Especially if ESA managed their own parking bays internally.

I am afraid UKPC are no longer contracted to Athena Court anymore, therefore we have not communicated with them for some time.

moneymat

Coupon-mad I have changed the paragraph re BPA as advised is this ok?

1.     The Defendant's stance regarding this punitive add-on is going to be underpinned by Government intervention and regulation.  The Department for Levelling Up, Housing and Communities ('DLUHC') published on 7 February 2022, a statutory Code of Practice which all private parking operators will have to comply with once it is finalised. Whilst it is known that the rogue parking industry have just filed Judicial Reviews and have delayed the new Code of Practice, the Government is pressing ahead and has conceded to undertake a final Public Consultation and Impact Assessment, as the latter was missing from their rationale.  Going by the damning words of the Minister, and the fact that two consultations and an industry and consumer represented Steering Group have already informed the DLUHC's decision over the past two years, I believe there is no reason to think the Government's view will significantly change about adding unconscionable costs that were not incurred and which merely exist as a mechanism to enhance already-doubled parking charges, to fuel the roboclaim race to court and to side-step the £50 legal fees cap set in the Small Clams Track.

https://www.gov.uk/government/publications/private-parking-code-of-practice

Coupon-mad

That's great!

Please answer this, word for word from the permit:

 (I think this is just the way they phrased it on the pass) .

Please check. Are you sure it doesn't say UK Car Park Management? 

moneymat

Once again thank you for all your help. I've uploaded a photo of the pass so you can see exactly what it says. I've sent another email to House of Fisher to ask them if they could please double check. Either way ESA have said that they didn't employ any outside parking companies to monitor their parking bays & I was parked in one of their designated bays with the pass so I'm at a loss to know why they have issued this claim. ESA even rang them at the time to say that they had issued the PCN in error.

moneymat

Hi Coupon-mad
Just had a reply from House of Fisher it was definitely UKPC they used. 

moneymat

Look what just arrived this morning guys!
Didn't even manage to submit my WS!

moneymat

KeithP  Redx  Le_Kirk. patient_dream. Coupon-mad. D_P_Dance. Sareck  Castle

My heartfelt thanks goes out to all of you for your time, expertise & advice, I couldn’t have done it without you 🙏

Castle

moneymat said:

KeithP  Redx  Le_Kirk. patient_dream. Coupon-mad. D_P_Dance. Sareck  Castle

My heartfelt thanks goes out to all of you for your time, expertise & advice, I couldn’t have done it without you 🙏

Now you have a claim for damages against UKPC and House of Fisher if you want to issue one.