County court claim from UKPC

1505grandad

What about para no. 1 in the template  -  not quoted above.

mhagle

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location.


This is the part i forgot to add i will add it now. thank you.

Coupon-mad

Missing out the first paragraph makes me worry that you haven't copied the whole template, from the headings that you need to complete at the top to your statement of truth and sigbature/date at the bottom.

This then gets saved as a PDF and is emailed, as the Template Defence thread says.

Please also read all 12 initial steps in the Template Defence first post now, so that you are ready for the tedious next template letter, saying their client wishes to proceed.

We don't need to see it and DQ stage (the next form) is fully covered in the NEWBIES thread.

mhagle

I have copied now and inserted the first paragraph and used the link you sent the other day on here https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299,
from paragraph 4 all the way to the statement of truth. 

thank you and I really appreciate the help you have given me



mhagle

Hi can anyone advice me as i received a letter from the court on the 14th march stating that if the claimant does not reply to the court in 28 days then the claim will be stayed does that mean that the claimant also has 28 + 5 days equalling 33 days to get back to the court? as i have received their directions questionnaire dated the 13th April? 
can i dispute this or are they in their allocated time to reply back to the court?

Coupon-mad

No, this will now carry on.

mhagle

thank you coupon-mad.

Also in the letter they say that without prejudice their client would settle out of court, would i be able to make an offer and what would be the best offer i could make them that would be less than what they want as the claim is £300 included the solicitor costs.  

Coupon-mad

You don't make any offer.

This is all standard and covered by the 12 steps you read in the Template Defence thread.

mhagle

Hi,

can anybody advice me I have my case transferred to the county court and as I mistakenly parked in a disabled bay i am unsure i can win this case, is there any way to settle out of court as I haven't found anything that would help me set any arguments for this case. I parked in a disable bay with markings of a wheelchair on the floor unknowingly, also there were no signs on the wall to say it was a disable bay. 

Thank you 

Coupon-mad

 I haven't found anything that would help me set any arguments for this case. 

Really? You haven't read the BPA Code of Practice that UKPC must comply with? I advise you to read the BPA Code about signs beside disabled bays.

If there were no t&cs signs readable from the accessible bay, then it wasn't one, because the BPA CoP makes such signs mandatory.

The law also says that consumer terms and notices must be prominent.  Some paint hidden under the car but no signs to alert you, fails to meet the Consumer Rights Act 2015 test of fairness and prominence.