UK Parking Control Limited - COUNTY COURT LETTER - LIMITED TIME :(

chrisw

Harbmeister said:

Coupon-mad said:

However, only needs an AOS at first of course, buying time to do the defence.  Same as every other case, you do get a month really, if you follow our advice.  Easy to use the Template Defence.

Hi, and thanks.
Does filing an AOS still give me the option to pay should I consider I might not win the case?
And, if I go to court and just “lose”, does that mean I have a CCJ against me?

Even if you lose at court you will not get a CCJ unless you fail to pay the amount the court decides.

Coupon-mad

And even if you lose (extremely rare here), it would be LESS than the inflated claim.

This is because the £60/£70 they've added on top of the £100 is not allowed and nor is interest on it.

This is why it's a no-brainer.

Harbmeister

Hello, and thanks!

Am I defending ALL of PART of my claim? I'm not contesting jurisdiction right?

PH

Le_Kirk

You are defending ALL of the claim and you do not contest jurisdiction.

KeithP

@Harbmeister, did you file your Acknowledgment of Service before 4pm?

Harbmeister

Hello @KeithP , All,

Yes I did thanks.

Just now looking at defence. Trying to decide my best angle.
I issued a SAR. The claim is from almost three years ago and a.) I don't recall the exact time of car park entry/exit b.) this fact isn't on the Claim.
I am not banking on getting that before 28.03 (deadline for defence).

Particulars...
I did go over the allotted time. As stated in my intro I worked from the McD's until my daughter who lived around the corner was ready for me to pick her up (student=late!).
I did purchase and ate breakfast at the McDonald's (I can trace the transaction on my bank account).
I didn't contact McDonald's to have the claim cancelled.
The car park is a 2.5 hour journey so any reconnaissance visit isn't possible.

In the claim particulars it says:
4. The driver agreed to pay within 28days but did not. D is liable as the driver or keeper .... etc.
...is it normal to say that?

Thx as always,
PH.

Harbmeister

1505grandad said:

"Which PPC, is it actually UKCPC?"

"Yes it’s UKPCP."

It really would be helpful if you stated the full name of the ppc.

Hi 1505grandad,
Claim is from UK Parking Control Limited.
Thx.

Umkomaas

In the claim particulars it says:
4. The driver agreed to pay within 28days but did not. D is liable as the driver or keeper .... etc.
...is it normal to say that?

It will be on the signage, the contract you accepted by parking at the venue.

Coupon-mad

Harbmeister said:

Hello @KeithP , All,

Yes I did thanks.

Just now looking at defence. Trying to decide my best angle.
I issued a SAR. The claim is from almost three years ago and a.) I don't recall the exact time of car park entry/exit b.) this fact isn't on the Claim.
I am not banking on getting that before 28.03 (deadline for defence).

Particulars...
I did go over the allotted time. As stated in my intro I worked from the McD's until my daughter who lived around the corner was ready for me to pick her up (student=late!).
I did purchase and ate breakfast at the McDonald's (I can trace the transaction on my bank account).
I didn't contact McDonald's to have the claim cancelled.
The car park is a 2.5 hour journey so any reconnaissance visit isn't possible.

In the claim particulars it says:
4. The driver agreed to pay within 28days but did not. D is liable as the driver or keeper .... etc.
...is it normal to say that?

Thx as always,
PH.

Yes, that how consumer contracts 'agreed' by signage work.  It is nothing to focus on.

Use the template defence and just add some facts about the car park and what the Defendant was doing there, and that they saw no signs restricting time snd certainly no expressly prominent term saying they were agreeing to pay £100. Unlike in ParkingEye v Beavis, signage was not 'clear and conspicuous' and the Defendant did not agree to any prominent term to pay a fee or charge in what was advertised as a free car park for customers, on McD's webpages.

Harbmeister

Thank you all.

I will be back when I have my defence articulated and formatted.