UKPC Court Case

Coupon-mad

DQ stage and the early standard legal letter saying they are going to proceed, is explained in the first 12 steps in the Template Defence thread.

After that, the whole court process right up to the hearing is explained in the NEWBIES thread under the red capitals sub heading:

IMPORTANT: KNOW WHAT HAPPENS WHEN

The only important thing not yet updated there is the example WS is old and no-one uses the Crosby case these days.  Read 2022 WS examples such as the one by @Daiapolon2021 which covers the (currently temporarily delayed) new Code of Practice and why Judges should still pay regard to it.

Merlin2022

Coupon-mad said:

DQ stage and the early standard legal letter saying they are going to proceed, is explained in the first 12 steps in the Template Defence thread.

After that, the whole court process right up to the hearing is explained in the NEWBIES thread under the red capitals sub heading:

IMPORTANT: KNOW WHAT HAPPENS WHEN

The only important thing not yet updated there is the example WS is old and no-one uses the Crosby case these days.  Read 2022 WS examples such as the one by @Daiapolon2021 which covers the (currently temporarily delayed) new Code of Practice and why Judges should still pay regard to it.

Many thanks. 

Sorry to be a  pain but are you able to provider a link for the Newbies Thread with the "KNOW WHAT HAPPENS NEXT" information? I have searched the boards but seem to pull up dozens of newbies threads and have no idea which one to go to. 

Thanks. 

Coupon-mad

Sorry no, we never do because that really doesn't help new posters to learn how to find things on this forum.  A key skill when you are defending a claim.

The NEWBIES thread is an Announcement thread already pinned to the top and which is already linked in the Template Defence thread, too.

And my signature tells you where the link is and what it looks like at the top of every page (even on a phone) to get to page one.

All you need to do is 'control and F' (on a laptop not a phone!) once the Newbies thread is open, and put in IMPORTANT as your search word.

Merlin2022

Coupon-mad said:

Sorry no, we never do because that really doesn't help new posters to learn how to find things on this forum.  A key skill when you are defending a claim.

The NEWBIES thread is an Announcement thread already pinned to the top and which is already linked in the Template Defence thread, too.

And my signature tells you where the link is and what it looks like at the top of every page (even on a phone) to get to page one.

All you need to do is 'control and F' (on a laptop not a phone!) once the Newbies thread is open, and put in IMPORTANT as your search word.

No problem - found it - it's very useful indeed. 

Fruitcake

Merlin2022 said:

Indeed. I don't actually think the sign is clear in any respect, and would require a close inspection (probably crouching down) to even be able to read the crucial element involving registering ones vehicle. 

Are they entitled to charge £100? 
It was my understanding that (outside of London) they could claim a maximum of £60, reduced to £45 if payment was made in 14 days? 

Your understanding is incorrect.
This an unregulated industry so they can charge whatever they like. That's why it is so important that when the next public consultation about parking charge levels takes place in the next few months, as many motorists as possible comment on it. 
Please keep a regular watch on this forum so you don't miss it.

Merlin2022

Fruitcake said:

Merlin2022 said:

Indeed. I don't actually think the sign is clear in any respect, and would require a close inspection (probably crouching down) to even be able to read the crucial element involving registering ones vehicle. 

Are they entitled to charge £100? 
It was my understanding that (outside of London) they could claim a maximum of £60, reduced to £45 if payment was made in 14 days? 

Your understanding is incorrect.
This an unregulated industry so they can charge whatever they like. That's why it is so important that when the next public consultation about parking charge levels takes place in the next few months, as many motorists as possible comment on it. 
Please keep a regular watch on this forum so you don't miss it.

I will do. 
You previously said that the £100 charge is buried in small print and therefore in breach of the BPA's CoP. 
Is this because the £100 charge should be made more obvious, i.e. large, bold font that cannot be missed. 

It is interesting when drawing comparisons to the Parking Eye V Beavis signage which seems to be the benchmark of how signage should be displayed. 

Coupon-mad

Yes we agree.

We are not contradicting ourselves when we say that:

(a). PPCs 'can' - because the new Statutory Code is temporarily delayed - currently put up signs and issue notices trying for a charge of up to £100, but

(b). The requirements for a fair and prominent contract/sign (and LOTS of other hoops!) are usually not jumped properly to make the £100 stick.

Merlin2022

Hi all,

I have this morning received the 'Directions Questionnaire (small claims track)' which I need to complete and return. 
I have read the newbies thread and, as noted, this seems a simple enough form, however I just wanted to check if there anything I should be aware of when completing this?

I presume it is a formality that I agree that the case is referred to the small claims mediation service in the first instance? 

Equally, is there any harm in agreeing that the case is suitable for determination without a hearing (i.e. "by judge reading and considering the case papers, witness statements..." etc

Thanks in advance for your comments. 

Le_Kirk

If you have been following the 12 step list in the Template Defence thread or in the NEWBIES, you will know how to complete the DQ and you will know that we never recommend mediation.  Equally you do not want the case hard "on papers" as you will surely lose.  You will be up against professionals who write witness statements and skeleton arguments for a living and you will not get the chance to cross examine the claimant!

Merlin2022

Le_Kirk said:

If you have been following the 12 step list in the Template Defence thread or in the NEWBIES, you will know how to complete the DQ and you will know that we never recommend mediation.  Equally you do not want the case hard "on papers" as you will surely lose.  You will be up against professionals who write witness statements and skeleton arguments for a living and you will not get the chance to cross examine the claimant!

Thank you Le Kirk. I have re-read the threads you mention. Apologies, you must get sick of re-directing people to these threads. 

The only thing I haven't been able to find is any guidance on the wording to be used for the comments box when declining the option of the case being heard "on papers". This is 'D1' on my questionnaire but seems to be referenced differently in the newbies threads. 

Obviously I can add something to the effect of what you have said above, but just wondered if there is anything specific I should / shouldn't say.