Request to set CCJ aside UKPC

Coupon-mad

But when I said this (below) I meant you can and should just ask the court to amend the Order when it arrives, to protect and reserve your £275 fee by adding 'costs in the case' (you get 7 days to object to the written order):

You can't accept an Order that leaves the Judge's intentions about your application costs unstated.  You must not be out of pocket, as a PPC could now discontinue the claim and leave you to shoulder the fee if the latest Judge's typed Order fails to cover you.

Also, by reading any other CCJ set aside thread at this stage you'll be aware not to only submit a defence alone.

Ed2022

I think it reads fine @barneybetty .

I was going to say whether the notice to the keeper in the SAR pack you received was it PoFA compliant or not? Did they reference a ticket was left for the driver? Did you change you address on the driving licence?

barneybetty

Thank you @Coupon-mad that is really helpful and i will certainly do this if the costs are not mentioned in the order

@Ed2022 The judge asked me to submit my defences within the 14 days, i am just finishing up my Witness statement to submit with it.
When i received the SARS back there is photos of my car with a ticket on but i don't ever recall seeing this ticket, the following 2 letters UKPC sent went to my old address despite my driver's license and car being in the correct address.

there is a lot of holes in UKPC witness statement, one being the contract they have included between them and the company i worked for. The contract for UKPC to manage our work carpark was signed in 2015 for an initial 6 months, in there WS they said they had verbal agreement to continue the contract but in March 2017 we were taken over by a new company who brought the building, company and car park, we then were trading in a different name from mar 2017. I am wondering if whatever the agreement they had with one company still stands if they were acquired when there is no contract in place just a verbal agreement. also, surely you need an up-to-date signed contract to even show you have an agreement in place?

Coupon-mad

Contracts *can* automatically continue with new parties but only if that contract said so.

I bet it didn't, so make them prove it!

State what you know and provide evidence of the takeover and completely different trading name and state that the new owners and company never signed a contract with UKPC, and they are put to strict proof otherwise. Leaving some old signs up and carrying on ticketing fails to meet DVLA rules.

Unlike the somewhat muddled judgment in OPS v Wilshaw, where HHJ Simpkiss (who by his own admission had no contract law background and had been a Recorder in criminal law) clearly struggled to understand the case and private parking legal framework, and wrongly assumed - having asked no questions to clarify - that parking firms 'don't need' landowner authority to issue parking charges, in fact they do.

It is a rule of the DVLA KADOE agreement (and a mandatory part of the BPA Code of Practice) that landowner authority for the site managed MUST be held before the keeper's data can even be requested.