UKPC / DCB Legal - Part 2 - I WON IN COURT

KeithP

In your latest post there are two paragraphs numbered 3. One written by @Le_kirk and one written by you.

Here they are close together...

Le_kirk wrote (and you've just quoted it)...

3. The driver entered an area known as Jacks Straws castle in the early hours of an October night; it was therefore dark and any signage (if it were there) was unlit and/or obscured by other vehicles.  There were no barriers to suggest that the defendant was entering a controlled area.  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left and the defendant went about his business.

Now you've just written...

3.  The driver entered Jacks straws castle carpark in the early hours of (insert date/time) 00:12 and 23:40 being a dark night in October. No entrance signs as you enter the carpark. Small sign mounted on the wall being obscured by high vehicles. If high sided vehicles are allowed to be parked in the carpark they should make sure all signs are visible to ALL vehicle drivers at all times. 
 The carpark is a former public house at the time converted into business units. To the defendants knowledge the building has been left empty since 2020.  The carpark had no lighting in the dark. Due to dark conditions not possible to determine it was a permit holder car park. The other vehicles parked in the bays did not have any special permit on their dashboard or window when the defendant glanced after parking their vehicle. 

They are no where near identical, are they?

Not even similar.

Several people have commented on your strange times there - 00:12 and 23:40 being a dark night in October - yet still you persist in keeping that phrase which tells anyone reading it that you were there for nearly twenty-four hours.

Just seven days and we are nearly at a hundred replies on this thread.
I won't be posting again on this thread.

IloveElephants

KeithP said:

In your latest post there are two paragraphs numbered 3. One written by @Le_kirk and one written by you.

Here they are close together...

Le_kirk wrote (and you've just quoted it)...

3. The driver entered an area known as Jacks Straws castle in the early hours of an October night; it was therefore dark and any signage (if it were there) was unlit and/or obscured by other vehicles.  There were no barriers to suggest that the defendant was entering a controlled area.  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left and the defendant went about his business.

Now you've just written...

3.  The driver entered Jacks straws castle carpark in the early hours of (insert date/time) 00:12 and 23:40 being a dark night in October. No entrance signs as you enter the carpark. Small sign mounted on the wall being obscured by high vehicles. If high sided vehicles are allowed to be parked in the carpark they should make sure all signs are visible to ALL vehicle drivers at all times. 
 The carpark is a former public house at the time converted into business units. To the defendants knowledge the building has been left empty since 2020.  The carpark had no lighting in the dark. Due to dark conditions not possible to determine it was a permit holder car park. The other vehicles parked in the bays did not have any special permit on their dashboard or window when the defendant glanced after parking their vehicle. 

They are no where near identical, are they?

Not even similar.

Several people have commented on your strange times there - 00:12 and 23:40 being a dark night in October - yet still you persist in keeping that phrase which tells anyone reading it that you were there for nearly twenty-four hours.

Just seven days and we are nearly at a hundred replies on this thread.
I won't be posting again on this thread.

Hi Keith, sorry for causing frustration. Thank you for helping me out. I really appreciate it. 

I will stick with the below paragraph.

3. The driver entered an area known as Jacks Straws castle in the early hours of an October night; it was therefore dark and any signage (if it were there) was unlit and/or obscured by other vehicles.  There were no barriers to suggest that the defendant was entering a controlled area.  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left and the defendant went about his business.


I will not mention anything about the times I entered into the carpark. I will only add confusion to the judge, i will leave it for the WS stage later. 

Thank you for helping me out. 

IloveElephants

I have my Defence, (sorry for frustrating everyone) I know my dyslexia does not help with this. 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. 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 was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.
The facts as known to the Defendant:
2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The driver entered an area known as Jacks Straws castle in the early hours of an October night; it was therefore dark and any signage (if it were there) was unlit and/or obscured by other vehicles.  There were no barriers to suggest that the defendant was entering a controlled area.  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left and the defendant went about his business.

If you think this is good then I will put it in the template and keep it ready .

Shall I mention what I was doing in that location and carpark so late in the night? Will the judge ask this?

Thank you to everyone 

Coupon-mad

It's fine.

We already said Le _Kirk's version was fine.

Shall I mention what I was doing in that location and carpark so late in the night? Will the judge ask this?

Possibly, so it will be in your WS later.

IloveElephants

Coupon-mad said:

It's fine.

We already said Le _Kirk's version was fine.

Shall I mention what I was doing in that location and carpark so late in the night? Will the judge ask this?

Possibly, so it will be in your WS later.

Thank you Coupon-mad,
thank you Keith
Patient dream
Trainerman
Jenni 
Le Kirk
Umkomaas

I will keep my defence ready and file it within working hours on before 4pm on Monday 12th September 2022 

Thank you all so much.

1505grandad

Just checking  -  the claimant's name in the heading of the D will be as per the claim form?.

IloveElephants

1505grandad said:

Just checking  -  the claimant's name in the heading of the D will be as per the claim form?.

Hi Grandad, nice to hear from you, thanks for your message.

Yes the claimants name in the heading of the defence will be the same as on the county court business centre claim form. In this case the claimant is UKPC Limited. 

1505grandad

Yes I realise who the claimant is but in a previous post you stated:-

UKPC

(Claimant) 

- and -  

I just wanted to make sure that the full name (not just initials  -  it has been known) of the claimant will appear in the heading of the final document.

IloveElephants

1505grandad said:

Yes I realise who the claimant is but in a previous post you stated:-

UKPC

(Claimant) 

- and -  

I just wanted to make sure that the full name (not just initials  -  it has been known) of the claimant will appear in the heading of the final document.

Hi Grandad, thanks for your message and appreciate your feedback.

Yes UK Parking Control (Claimant and 

(My first name and surname) (Defendant)


I am the defendant and will use my full name, not just the initials. 

Thanks for your help. 

Jenni_D

And you've made yet another incorrect name in a reply ... it is UK Parking Control Limited is it not?

Please try to be specific and exact when replying else we'll end up going round in never-ending circles, never knowing whether you have truly understood what has been advised. We want all the people we help to be successful, so please help us to help you without causing wasted time.