Letter of claim DCBL/UKPC

Le_Kirk

Paragraph 10 is nonsensical towards the end: -

 I am requesting the Claimant to prove that the previously parked there vehicle is not their  ticketer.

Maybe better if you adjust it: - 

The Claimant to prove is put to strict proof that the previously poorly parked there vehicle taking up the two bays is not their ticketer.

You then go on to start the next paragraph with "However" which makes no sense as it does not carry on from a previously made point.  Just start with: -

 However, I received a PCN and now am asked to pay an inflated charge of £160. This is not because I did not pay for my stay, as it’s a free car park, but because the PPC failed to ensure that, as part of their responsibility to "manage" the car park, I was able to park fully within the marked bays.

Also you seem to have the random heading "The quantum......" in the wrong place.

1505grandad

Also  -  para 12  -  why are you stating IPC details when claimant is BPA AoS member.

Not sure if correct WS exemplar is used but is Wilkinson case now used not the Crosby case?  -  I will leave it for the experienced members for any comments. 

Coupon-mad

If the Crosby case is in this bundle (I have no time to check tonight) the OP has used an old out of date example WS and should start again.

teddyinwonderland

Thanks for the help. I did use the template defence..I didn’t use the template appeal which didn’t play in my favour. 

I’ve just received an email from Ukpc with supplementary WS, basically saying I used some of the template from the forum. 

He has a point about the sign at the entrance but no actual photo to show it, when my photo from Google maps proves it’s not there …

https://drive.google.com/file/d/1IxFzCuKLFNoscfKHBH7D8Ra-W365c7se/view?usp=drivesdk 

Are they even allowed to send a supplementary witness statement after the deadline ? 

B789

As far as I am aware, they can. However, you can too. I don't think the court wants to see a ping-pong battle back and forth with multiple SWSs but there is no reason you can't submit at least on rebutting their SWS.

teddyinwonderland

The only points I feel like I can make is 
say they disregarded my defence hence I pointed some things again in my WS and ask them where is their actual photo of the sign at the entrance, as it seems it’s on the plan but missing in reality…
In para 5 he completely ignores the fact I mentioned their sign is of forbidding nature, hence no contract to be entered into and he goes on how it’s compliant with the code. He mentions the term “parked fully within the bay” but fails to mention its in a small writing.

He says their amount is not inflated and was made aware of it in the contract when I already mentioned why they can’t do this ..

And finally he says I’m not entitled to claim any costs? Said I used templates submission so it’s not accepted to have spent 16 hours on them,…can I say as a reply that they use template letters so they can’t claim any further debt collector and solicitors cost in that case? 

B789

You can and should rebut each of the points.

teddyinwonderland

Is what I mentioned enough or I should add more? Don’t know if you can open the file I uploaded with their SWS

Fruitcake

You don't have to play SWS pong-ping. You can complain to the court it arrived after the submission deadline, if that is the case, and ask for it to be excluded.
Alternatively you can rebut each point during the hearing itself.

patient_dream

This is truly LALA land nonsense from UKPC

"basically saying I used some of the template from the forum"

Glad to see UKPC read this forum which clearly scares them.
So what if you used a template defence ? Judges really are not interested as they know people need help to defend the scam

THE SIGNS
UKPC signs are crap, small writing, high on a lampost, and generally no entrance sign to warn people there is vermin at large
                                                            
"In para 5 he completely ignores the fact I mentioned their sign is of forbidding nature",

Ignoring questions will not bode well with a judge

"And finally he says I’m not entitled to claim any costs"?

What a complete idiot ..... when you win, of course you can claim your costs. around £95
but a judge may double this because of UKPC's stupidity

You need to show this email to a judge together with a copy of the sign if it actually gets that far.

UKPC's FAV LEGAL is DCBL who before court will discontinue because they know that UKPC claims are utter rubbish .... this is another one

Keep reading this forum UKPC, YOU KNOW IT MAKES SENSE ... and train your freshman or whoever to stop talking rubbish