UKPC parking fine

lilac20

Hi,

I received a parking fine in November 2019 at my apartment complex car park. The complex has bays directly
infront of the building and then a gated car park round the corner, both of which you have to pay for.

Our building manager was useless, basically I have an email proving when I paid money to then to begin parking in the gated car park and when this commenced (before the fine) but then the weekend came and he didn't reply to me until the Monday instructing how I actually got into the gated car park. I parked in the bays downstairs and that's where I got the ticket.

UKPC claim it's due to no permit being displayed but not a single car has a permit I assume it's license plates they go off so that's incorrect. I could probably go back and take a photo right now and no physical permits would be displayed.

I was 22 at the time, assumed it was incorrect so emailed the building manager who said they have granted me fob access and that's how I should have gotten into the correct car park so they won't help.  But of course I couldn't have known this and the emails prove I didn't until after the fine. Then I just left it, partly not knowing what to do but also I was livid that I got a parking charge after already paying far more in parking permissions. 

I'm basically asking from anyones honest opinion if they think I have a chance of fighting this given the circumstances? It's gotten to the country court business centre stage.

any advice is appreciated 

thanks!

Umkomaas

I'm basically asking from anyones honest opinion if they think I have a chance of fighting this given the circumstances? It's gotten to the country court business centre stage.

Everyone has a chance of fighting, in fact those we help almost always come out on top. 

Do you have a N1 court claim form from the CCBC?  If so, what is the date of issue shown on it, have you acknowledged service (if so, on what date)?

Which legal firm are representing UKPC?

lilac20

The date of issue under the claim number is 13th may, I haven't responded to anything yet. I really don't want to pay their absurd added fees but I also don't want to take it further if I'll lose. It's just infuriating considering the circumstances

Half_way

What rights to you have to park in that area?
By the way this isn't a fine.

lilac20

To park at the building you need to be accepted for a space and pay each month. I did so and therefore the building gave me permission. The issue is my permission was within the gated car park which is claimed to be manned by UKPC also but I don't believe it is actually checked. 

I parked in the open spaces and assumed it was fine as it's all the same building and company. Assumed the building would have put my plate on the permsions etc. as I want to reiterate I never received a permit or anything or any kind throughout the whole time I paid for parking after this. Purely just got told I now had fob access. So I guess I didn't for that part but wasn't told any of this until after the ticket. Also to add I parked there as I physically didn't know how to get into the gated car park and I'd just driven my car an hour and a half to park there and it was in a big city centre.

Trainerman

Does it the actual agreement say that you can only park in the gated area, or does it simply say that you have paid for "a car parking space " ?

lilac20

There was no agreement we're talking literally just a couple of email exchanges where he pushes to see if I made the payment, says the date it commenced which I didn't even do till after. Then he says he'll send something for me to sign but didn't. He didn't reply for a few days when I asked how to get in then said he's granted me fob access. That's literally it then I continued to pay extra on top of rent for this space

Coupon-mad

Perfect evidence. Not that the evidence goes in at this stage.  Have you started to read the second post of the NEWBIES thread and done the AOS?

lilac20

I've been having a read. I understand if I'm fighting it I need to first do the AOS (I haven't yet) and Then the defence? Also I just looked through my last tenancy agreement and there's no mention of a parking permit. Does this help at all?

KeithP

lilac20 said:

The date of issue under the claim number is 13th may...

With a Claim Issue Date of 13th May, you have until Wednesday 1st June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 15th June 2022 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

lilac20

Hi just filling in the acknowledgement of service but it asks if I contest the jurisdiction of the claim against me. Really unsure what to put or what this means?

any help would be appreciated!