Multiple PCNs for parking in flat car park

Jams91

I lifted this verbiage from the 2018 court case with UKPC where no one picked up on that

Does this mean that I can't reference Parking Eye vs Beavis if they aren't an IPC member?

1505grandad said:

I advised:-

"UKPC are BPA AoS members."

You stated afterwards:-

"EDIT: New Counter Claim draft"

Yet the following seemingly stand alone statement still appears:-

“Code of Practice” refers to the IPC Code of Practice (See HH/14 IPC Code of Practice)

Redx

You can use the Beavis case where relevant in any situation , regardless of IPC or BPA involvement or not ! Makes no difference !

But UKPC have ALWAYS been BPA AOS members , never been IPC AOS members , never

1505grandad is telling you to use the correct version of the correct CoP relevant at the time of the PCN s

Please stick to this thread regarding this case ! No duplicate threads , thank you ( let the other thread die )

Jams91

Got it. Thanks Redx and grandad. I've switched IPC to BPA in the below, is that all I need to modify, because I am not directly quoting the CoP in my text.

11. I refer to Parking Eye V Beavis 2015 (See HH/13 Parking Eye V Beavis) were it was stated that “And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced”

“Code of Practice” refers to the BPA Code of Practice (See HH/14 BPA Code of Practice)

The Claimant has misused my personal data that they acquired from the DVLA and had no reasonable cause to obtain it in the first place

Jams91

Update:

Over xmas I wrote to someone in UKPC asking that they cancel these charges. They said no, the judgement was for car #1 and not for car #2. Obviously it doesn't work like that, but my reasoning fell on deaf ears

I wrote to my MA today who said "UKPC have replied to advise you need to follow the appeal process as they are unable to cancel the PCN" A pretty spineless response!

What are my options here to hold the MA accountable?

Jams91

Any thoughts guys?.... 5 days away from the deadline now

Coupon-mad

You seen to have appended exhibits to a counterclaim.  If you are only at defence stage then no evidence goes yet.

Jams91

Coupon-mad said:

You seen to have appended exhibits to a counterclaim.  If you are only at defence stage then no evidence goes yet.

I have removed the references to exhibits below. Is there a sticky/ template for counterclaims on here that I have missed?

CounterClaim

I XYZ of ABC am Counter Claiming in this case and will say as follows

1.       The Defendant raising this counter-claim against the Claimant, is the registered keeper of the vehicle with the registration number XXX

2.       My lease does not require a permit to be displayed in a private motor vehicle in the car park

3.       UKPC issued the vehicle with multiple PCNs, despite myself having the right to park

4.       Cause of action estoppel applies here; UKPC have already brought a case against the Defendant to court in the same residential car park. District Judge Devlin adjudged that UKPC’s claim be dismissed. Additionally the Defendant was successful in counterclaiming £500 from UKPC for “damages for breach of s13 of the Data Protection Act 1998”. UKPC is estopped from bringing further claims after 16/03/2018 when the prior judgement ordered that “The Claimant’s claim be and is hereby dismissed”. By continuing to harass myself for money, despite the earlier adjudgment, UKPC has acted in a venal and vexatious manner.

5.       The Managing Agents have caused a nuisance by appointing UKPC whom have then targeted me; an individual that they already know has the right to park there. UKPC has a very poor reputation as a basic online search shows. The Managing Agent should have realized that UKPC are not a suitable firm to bring onto a residential development. Evidence to follow will show how the firm have faked tickets in 2015 to fine drivers. 

6.       The above evidence shows that there was never a “a 'reasonable change', to introduce this notorious ex-clamper firm whose business model meant they could profit from withholding or not issuing permits to some residents, then fining them for not displaying a permit they never had or knew about.

7.       The Consumer Rights Act 2015 states “A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer”. Given that there was a significant imbalance to my detriment, the Managing Agent has breached the consumer rights act

8.       I am claiming for the sum of £500 due to the Claimant breaching the Data Protection Act and also for a breach of the Protection from Harassment Act.

9.       The Data Protection Act 1998 states that “An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if-

a)      The individual also suffers damage by reason of the contravention, or

b)      The contravention relates to the processing of personal data for the special purposes

10.   I have suffered distress from the repeated use of my personal data being used to demand money from myself.

11.   I refer to Parking Eye V Beavis 2015 where it was stated that “And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced”

 

“Code of Practice” refers to the BPA Code of Practice

 

The Claimant has misused my personal data that they acquired from the DVLA and had no reasonable cause to obtain it in the first place

1.              The relevant language of the Protection from Harassment Act reads as follows:

Prohibition of harassment.

1(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Offence of harassment.

2(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

Civil remedy.

3(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

12.   It is claimed that the Claimant has harassed the Defendant with repeated demands for money over from Nov 2016 until the present day.

13.   I refer to Ferguson Vs British Gas 2009 whereby British Gas were ordered to pay £10,575 for breaching the Protection from Harassment Act 1997.

14.   I refer to Chartered Trust plc V Davies 1997 whereby it was concluded that "If one man agrees to confer particular benefit on another, he must not do anything which substantially deprives the other of the enjoyment of that benefit: because that would be to take away with one hand what is given with the other."

''...And the real issue is whether the landlords were liable for that conduct. An important subsidiary issue that emerged on the case law cited before us was whether the landlords were under any legal obligation to intervene to put a stop to any nuisance caused...''

''What is clear is that the landlords could have acted to stop the {nuisance conduct}... Instead, the landlords prevaricated and did nothing. They could have acted effectively, and they should have done so. Instead they chose to do nothing, and thereby made the premises materially less fit for the purpose for which they were let. In failing to act to stop the nuisance, in my judgment the landlords continued the nuisance and derogated from their grant.

The trial judge found this to be a repudiation of the lease - a substantial interference with the tenant's business driving her to bankruptcy. That was a judgment he was entitled to come to on the evidence he heard.

Accordingly, I agree with the judge's conclusion, albeit that I have reached it by a different route. I would dismiss this appeal.''

 

The Judge found that the landlord had failed to interfere with a nuisance that made the premises materially less fir for the purpose for which they were let and had therefore continued the nuisance and derogated from their grant. This is a similar situation to the one that I find myself in since the introduction of a permit scheme patrolled by UKPC.

15.   I refer to Vidal-Hall V Google Inc 2015. In Vidal-Hall, it was held by the Court of Appeal that compensation was payable upon the fact of breach, misuse of personal data is a tort and that damages may be non-pecuniary.

16.   I also refer to Halliday V Creation Consumer Finance 2013 which provides authority that a reasonable sum for compensation would be £750

“However, having borne all those points in mind, in my judgment the sum to be awarded should be of a relatively modest nature since it is not the intention of the legislation to produce some kind of substantial award. It is intended to be compensation, and thus I would consider it sufficient to render an award in the sum of £750. It seems to me that that sum is appropriate and sufficient.”

 

17.   In conclusion, this notoriously aggressive claimant company should have never pursued me for an offense that wasn’t committed and had absolutely no business to obtain my personal data, causing myself undue stress and loss of peace of mind and should be made liable to pay for my distress.

STATEMENT of TRUTH

I believe that the facts stated in this defence are true.  I understand that proceedings for con-tempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Defendant’s signature:

Date:

Le_Kirk

I have removed the references to exhibits below. Is there a sticky/ template for counterclaims on here that I have missed?

The two most recent examples of good witness statements are @jrhys and @Nosy with the second one involving a counterclaim.

Redx

There are no stickies or templates for counter clains because this is a Parking charge forum , not a legal forum , plus any counter claim is bespoke , so only a few examples of a counter claim exist on here , including Nosy & possibly ellaro9 ?

No exhibits are submitted in a court claim until the WS plus Exhibits stage , nearer the hearing

Your statement of truth in your counter claim says defence !

Coupon-mad

@ellaro9 also did a successful counterclaim.  There is no sticky info as it's rare.