Claim Form UKPC Ltd Process

Tacopowell

KeithP said:

Tacopowell said:

KeithP said:

My earlier suggestion remains...
that you forget about sending a SAR until you have filed a Defence.

You have a fixed deadline for filing a Defence - a few days away, but you have several months before a SAR response will be useful.

When the time comes, a copy of your County Court Claim Form would be suitable confirmation of your address. UKPC were happy to use that address to file a Claim.

This is all well and good but I've the original NtK but no other information, I vaugley remember there been signage in the area but I obviously don't have any photos of my own or any information other than where I was parked and without permit, Tenant/customer didn't have one, 
I feel like any information they have on me would help me...

But you aren't going to get anything back from a SAR before your Defence filing deadline.

Your Defence filing deadline is five days away. Those five days include a Saturday, Sunday and a Bank Holiday.
Are you really expecting a parking company to respond to a SAR within two working days when the law allows them a calendar month to respond?

If this is the case, and with no idea what the signage said, I'm surely up !!!!!! creek with no paddle?

The only defence I can see myself to have is that the customer I was doing work for had no permit available, is the court likely going to want proof of this?!

oh and I guess that they have illegally turned the original £100 invoice into £204.48.

KeithP

Tacopowell said:

KeithP said:

Tacopowell said:

KeithP said:

My earlier suggestion remains...
that you forget about sending a SAR until you have filed a Defence.

You have a fixed deadline for filing a Defence - a few days away, but you have several months before a SAR response will be useful.

When the time comes, a copy of your County Court Claim Form would be suitable confirmation of your address. UKPC were happy to use that address to file a Claim.

This is all well and good but I've the original NtK but no other information, I vaugley remember there been signage in the area but I obviously don't have any photos of my own or any information other than where I was parked and without permit, Tenant/customer didn't have one, 
I feel like any information they have on me would help me...

But you aren't going to get anything back from a SAR before your Defence filing deadline.

Your Defence filing deadline is five days away. Those five days include a Saturday, Sunday and a Bank Holiday.
Are you really expecting a parking company to respond to a SAR within two working days when the law allows them a calendar month to respond?

If this is the case...

Believe me, it is the case.

Tacopowell

Okay so before I try and work out my defence, see the lowdown on what happened.

18/12/22 self employed handyman, did a job at the residential flats, plenty of parking spots for tenants, no clear visitor spaces, UKPC signage Of which I can't remember what it said, nor do I have any photos. Parked on a road with no marking (that I remember and the one photo they provided on the PCN showed non) just outside the flat, I believe it to be a private road as no street view. was there for an hour or two. Customer did not have a parking or visitor permit.

Please see below;

Particulars of Claim
1. The Defendant(D) is indebted to the
Claimant (C) for a Parking Charge(s) issued
to vehicle XXXXXX at Redclife Gardens
chester House Durham House,lincoln House And
Windsor House,ng3 5aw 2.TH PCN details are
18/12/2018,xxxxxxxxxxxx 3.The PCN(S) was
isued on private land owned or managed by
C. The vehicle was parked in breach of the
Terms on Cs signs (the Contract), thus
incuring the PCN( ).4. The driver agreed to
pay within 28 days but did not. D is liable
as the driver or keeper. Despite requests,
the PCN(s) is outstanding. The Contract
entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN(s) and
damages. 2. Interest at a rate of 8% per
annum pursuant to s.69 of the County Courts
Act 1984 from the date hereof at a daily
rate of £0.02 util judgment or sooner
payment. 3. Costs and court fes
The Claimant believes that the facts stated in this claim form
are true and I am duly authorised by the claimant to sign this
statement

Coupon-mad

The lowdown on what happened.

18/12/22 self employed handyman, did a job at the residential flats, plenty of parking spots for tenants, no clear visitor spaces, UKPC signage Of which I can't remember what it said, nor do I have any photos. Parked on a road with no marking (that I remember and the one photo they provided on the PCN showed non) just outside the flat, I believe it to be a private road as no street view. was there for an hour or two. Customer did not have a parking or visitor permit.

OK, so now put it into some full sentences and pop what you summarised into point 3 of the Template Defence,.

And if the Defendant was the driver, change paragraph 2 to admit being the registered keeper and driver.  Easy.  Takes half an hour, then show us your draft point #3 (ONLY,  PLEASE!) so we can comment and improve the wording if needed.

Also can you show us a Google StreetView link to the exact place on that road, so we can check out the signs?  Might be somewhere we've dealt with before,  UKPC signs are pants.

Tacopowell

Left it late in the day but here is my defence;

1.       On 18 December 2018, I [insert name] parked my van [insert reg, make and model] at INSERT ADDRESS. 

2.       I was carrying out the duties of my employment as a self-employed handyman [insert trade name].  I was working at [insert address]. This included loading and unloading equipment to the property.

3.       I had not previously visited this address and resident had not informed me that I required a permit.

4.       I do not recall any visitor parking or signage directly relating to what a visitor should do in terms of parking. 

5.       I spoke directly with the resident who did not have a residents or visitor permit. Resident was not aware and did not inform me of any process required for parking.

6.       As per provided photograph, I parked part way on an unmarked section of road so not to park in a residential parking bay. I was not blocking any part of the road. This would not prevent any residents from parking in the allocated spaces.

7.       I do not recall any clear guidance on how to apply for temporary permit.

8.       The nearest parking (non-residential) would have made loading and unloading my work vehicle impractical.

Umkomaas

A Defence should be submitted using third person phrases. Use 'the Defendant', not 'I' or 'me', so you'll need to make the necessary changes. 

You are building the above into the forum template Defence - yes?

Tacopowell

Yes, 
Fitting this into no. 3

Coupon-mad

But you haven't shown us that you edited para 2 like I advised, and para 3 needs to be concise and in the 3rd person.

KeithP

And do keep in mind...

...you have until 4pm on Tuesday 3rd May 2022 to file your Defence.

Tacopowell

Haha, "Don't leave it until the last minute" Believe me, I had no intention of doing so!

Coupon-mad said:

But you haven't shown us that you edited para 2 like I advised, and para 3 needs to be concise and in the 3rd person.

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but

liability is denied. 

Fingers crossed this is sufficient?!

3. On 18 December 2018, xxxx xxxxxx parked xxxxxxxx, Black Vauxhall Vivaro at

Chester House, Redcliffe Gardens, Nottingham NG3 5AW.

The defendant was carrying out the duties of employment as a self-employed handyman trading

under xxxxxxxxx. The Defendant was working for a resident at Chester House,

Redcliffe Gardens, Nottingham, NG3 5AW. This included loading and unloading equipment to the

property.

The defendant had not previously visited this address and resident at the address had not

informed them that a permit was required.

The defendant does not recall any visitor parking or signage directly relating to what a visitor

should do in terms of parking.

The defendant spoke directly with the resident who did not have a residents or visitor permit.

Resident was not aware and did not inform the defendant of any process required for parking.

As per provided photograph, The defendant parked on an unmarked section of Redcliffe

Gardens so not to park in a residential parking bay. I was not blocking any part of the road. This

would not prevent any residents from parking in the allocated spaces.

The defendant does not recall any clear guidance on how to apply for temporary permit.

The nearest parking (non-residential) would have made loading and unloading the work vehicle

impractical.

KeithP said:

And do keep in mind...

...you have until 4pm on Tuesday 3rd May 2022 to file your Defence.

And how it came around quickly, I've had a difficult weekend, meaning I've had almost no time to do anything!
Managed to throw together this sloppy defence late last night and I can already see that I've made mistakes, even with the 20 minutes I had for lunchtime today.

I also failed to print, sign, scan and PDF as per instructions, I essentially signed and dated it with my name via Computer.

I sent it, recieved my response, I dare say I'm going to be the 1% that don't succeed!

Thanks for your help guys but through my own fault and total lack of time, I reckon this case might be dead in the water?