UKPC County court claim form for abandoning site.

Bebhsgr

VCS vs Ibbotson - I did a google search and the claimant didn't have authorization from the land owner to pursue parking charges !? I cannot get in touch with Crawley Leisure park on their official website there are no contact details , much alone to ask for their contract with UKPC and am I even allowed to ask to be sent a contract or any information ? If it's worth noting owners are the Crawley Borough council and on the official website it says it offers free parking for 1000 cars . Sorry for my ignorance or asking all these stuff - but I m hoping I won't have to stand in court and defend myself with all the paperwork and referring to cases I am not a lawyer ... Hopefully my defence would be easier . Can I end up paying a much larger amount if I loose this ?

Coupon-mad

Nope you can't end up paying more.  And they will discontinue, so there won't even be a hearing!

You don't seem to have spotted @Umkomaas' thread about DCBLegal discontinuances.

fisherjim

The point is that no PPC has tried court over a left site case since VCS v Ibbotson.

The leaving site scam is a favourite add on for UKPC to try to maximise their profits nothing more and they hope to frighten as many as possible to just pay up.

If they want to stop people leaving site they need to define the "site" where does it end, are there plans or maps, their attendants should not be hiding and watching they should be stopping and pointing out that's managing.

What they are actually doing is attempting to trap people into paying a trumped up charge which their incentivised attendants use to boost their bonus.

UKPC used to use Debt Recovery Plus and their alter egos to put the frighteners on, recently they have changed tack and threatened court claims it's part of their bullying,

Where did you get the idea that the council own Crawley Leisure park?

If the council owned it they couldn't use a PPC.

The owners appear to be Aviva:

https://completelyretail.co.uk/scheme/2404

patient_dream

Bebhsgr said:

VCS vs Ibbotson - I did a google search and the claimant didn't have authorization from the land owner to pursue parking charges !? I cannot get in touch with Crawley Leisure park on their official website there are no contact details , much alone to ask for their contract with UKPC and am I even allowed to ask to be sent a contract or any information ? If it's worth noting owners are the Crawley Borough council and on the official website it says it offers free parking for 1000 cars . Sorry for my ignorance or asking all these stuff - but I m hoping I won't have to stand in court and defend myself with all the paperwork and referring to cases I am not a lawyer ... Hopefully my defence would be easier . Can I end up paying a much larger amount if I loose this ?

Understand your thoughts but there is so much on your side that will allow a judge to spank DCBL and you can claim your costs.

If DCBL are stupid enough to let this go the court, the vast majority of judges will not allow fakery which includes that the parking ticket is £160 and there are damages which seems to be £70

If it went to court a judge can take off the DCBL fakes of £130

PLUS, where is the proof of the claim that you left the site.
They need to prove the entrance sign stated about leaving the site, and the unreadable signs stated the same.

More questions for DCBL and their "rent by the hour" rep than they have answers for and it is up to them to prove their case

This why DCBL discontinue these utter rubbish UKPC cases before a court makes a decision DCBL will not like

Bebhsgr

thank you so much , all the help i can get on that is valuable - any paragraph or sample template i can implement on my defence mentioning VCS vs Ibbotson and that otherwise contrary i would be claiming costs ?
there is an entrance sign i could see on google maps but the entrance is on a roundabout no-one would stop their car and try to read. 

Bebhsgr

actually i found this paragraph , shall i implement it ?

 UKPC are not the owners of this land and as such they cannot form a contract with the driver, I wish UKPC to provide me with a full un-redacted copy of their contract with the landowner which allows them to form such a contract that was formed on or before date of alleged contravention. A witness statement as to the existence of such a contract is not sufficient. I believe there is no contract with the landowner that gives UKPC the legal standing to neither levy these charges nor pursue them in the courts in their own name as creditor. This was shown to be the case by District Judge McIlwaine in VCS v Ibbotson, Case no 1SE09849 16.5.2012 (transcript in the public domain). So as regards the strict requirements regarding the scope and wording of landowner contracts, UKPC have breached the BPA Code of Practice section 7 and failed to demonstrate their legal standing, which renders this charge unenforceable.


does this look ok?

Coupon-mad

Nope because that's not the relevant point made by Ibbotson.

Bebhsgr

hello again guys i am finishing up the defence now . Does it makes a difference if i sent it much earlier than the deadline ?

I have now combined the 2 para into 1  paragraph ....  please any corrections - suggestions before i submit ?


3. The Defendant was shocked to have received notice of a P.C.N , denies that he left the premises at the time of the alleged contravention and asks the Claimant to provide strong evidence to prove otherwise. A clear definition of the site or boundaries the Defendant had to stay within was never made known to him at any time by neither a parking attentant nor did he find a map displaying the boundaries or any description of the alleged ‘site’ anywhere on the premises or on any sign. A The Defendant avers that the operator’s signs, were not readily available throughout the area controlled by the Claimant and placed in non accesible positions .The characters and colours on the signs makes the practically unreadable. The area controlled by the Claimant is an open access area without barriers and without Pay and Display machines.

thanks again guys 

Boat_to_Bolivia

Bebhsgr said:

hello again guys i am finishing up the defence now . Does it makes a difference if i sent it much earlier than the deadline ?

I have now combined the 2 para into 1  paragraph ....  please any corrections - suggestions before i submit ?


3. The Defendant was shocked to have received notice of a P.C.N , denies that he left the premises at the time of the alleged contravention and asks the Claimant to provide strong evidence to prove otherwise. A clear definition of the site or boundaries the Defendant had to stay within was never made known to him at any time by neither a parking attendant nor did he find a map displaying the boundaries or any description of the alleged ‘site’ anywhere on the premises or on any sign. A The Defendant avers that the operator’s signs, were not readily available throughout the area controlled by the Claimant and placed in non accessible positions .The characters and colours on the signs makes them practically unreadable. The area controlled by the Claimant is an open access area without barriers and without Pay and Display machines.

thanks again guys 

Bits in bold. Remove the A and them not the. Sp of attendant and accessible.

Bebhsgr

Hi again guys , it's now been over 4 weeks since defence was filed and haven't heard anything back . Is this normal ? How long does it take to proceed to the next step ?  Any advice ?