County Court Claim - leaving site

Grizebeck

The operative will never appear in a month of sundays

B789

This is a PCN from 4 years ago... how many "operatives" do you think make a career out of this? Would this "operative" still be working for them? If so, do you think they'd be willing to be held in contempt if they made the journey to stand as a witness?

As pointed out above, not very likely that they'd be able to get said "operative" to substantiate their claim.

Sea_Turtle

Thanks so much everyone! I’ve drafted a defense and will work on it over the weekend to send off. I’ve read the newbies thread so have the template which is so helpful! 

Coupon-mad

Use Johnersh's words as paragraph 3.

patient_dream

B789 said:

This is a PCN from 4 years ago... how many "operatives" do you think make a career out of this? Would this "operative" still be working for them? If so, do you think they'd be willing to be held in contempt if they made the journey to stand as a witness?

As pointed out above, not very likely that they'd be able to get said "operative" to substantiate their claim.

I doubt such a job would mean long term employees but it was UKPC who employed them and it is 100% up to UKPC to prove their claim.
Not a problem for the OP if the warden has left

There are more holes in this scam industry than an Edam cheese

95Rollers

Have you sent UKPC a SAR yet?

When you do you SAR ask them for their CCTV, their Ticketer's witness statement including times and descriptions of the "driver" leaving site and his records of their attempts to "mitigate loss" by stopping or advising them etc - issuing sneaky PCNs won't help the centre.

Also as pointed out above- could it be this fake PCN was issued by one of their former non-disciplined Rogue employees!?! Ask can they assure this one is "genuine" when countless others were found to be falsified. Ask what their "quality control" and "compliance" measures around this area of contention are.

THEY WON'T HAVE any of this basic evidence which is why you must ask for it on a SAR so you have it in black and white should these clowns ever push for court. There is no lawful purpose to use CCTV for this reason even if they did have it. Again they are total chancers who are hoping people will get frightened, be unaware of their rights and then cave in and pay!

Sea_Turtle

95Rollers said:

Have you sent UKPC a SAR yet?

When you do you SAR ask them for their CCTV, their Ticketer's witness statement including times and descriptions of the "driver" leaving site and his records of their attempts to "mitigate loss" by stopping or advising them etc - issuing sneaky PCNs won't help the centre.

Also as pointed out above- could it be this fake PCN was issued by one of their former non-disciplined Rogue employees!?! Ask can they assure this one is "genuine" when countless others were found to be falsified. Ask what their "quality control" and "compliance" measures around this area of contention are.

THEY WON'T HAVE any of this basic evidence which is why you must ask for it on a SAR so you have it in black and white should these clowns ever push for court. There is no lawful purpose to use CCTV for this reason even if they did have it. Again they are total chancers who are hoping people will get frightened, be unaware of their rights and then cave in and pay!

I have done my SAR and received it back with just pictures of my car about 15 mins apart. I will email them back and ask for the above too! Thanks for your help!

Sea_Turtle

Coupon-mad said:

Use Johnersh's words as paragraph 3.

Hi Coupon-mad,

I have added this note to the beginning of my defence - do you think I need more?

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. It is neither admitted nor denied that the Defendant left the site during the period of parking 4 years ago. The claimant is put to strict proof. It is also the Defendant’s understanding that parking is free for all visitors of the complex for up to three hours, and there are no Pay and Display machines surrounding the parking bays. It has been nearly four years since the alleged breach of terms and the defendant is unable to recall the exact details of the day. The Defendant was shocked to have received notice of a P.C.N due to the car park not being chargeable. The Claimant has provided no evidence of the breach stated, that the keeper/ driver of the vehicle left the site. The Defendant notes that the operator’s signs, are not transparent in their Terms of Contract. There is no clear site boundary map displayed or, site description printed to clearly outline a site boundary. The area controlled by the Claimant is an open access area with multiple restaurants and entertainment facilities and, there is no barrier or payment upon the two entry ways. There is no clear signage to demonstrate the end of the site and, the signage that is in place is difficult to read due to the small print and location of the signs.

Coupon-mad

You can also add the words you'll find when you search the forum for POC 16PD3 cause of action

95Rollers

Sea_Turtle said:

95Rollers said:

Have you sent UKPC a SAR yet?

When you do you SAR ask them for their CCTV, their Ticketer's witness statement including times and descriptions of the "driver" leaving site and his records of their attempts to "mitigate loss" by stopping or advising them etc - issuing sneaky PCNs won't help the centre.

Also as pointed out above- could it be this fake PCN was issued by one of their former non-disciplined Rogue employees!?! Ask can they assure this one is "genuine" when countless others were found to be falsified. Ask what their "quality control" and "compliance" measures around this area of contention are.

THEY WON'T HAVE any of this basic evidence which is why you must ask for it on a SAR so you have it in black and white should these clowns ever push for court. There is no lawful purpose to use CCTV for this reason even if they did have it. Again they are total chancers who are hoping people will get frightened, be unaware of their rights and then cave in and pay!

I have done my SAR and received it back with just pictures of my car about 15 mins apart. I will email them back and ask for the above too! Thanks for your help!

Make sure you do - 2 pics of a car entering and leaving a carpark doesn't back up their claim of "driver leaving site". Ask them specifically for strict proof, the "evidence" they have of this and their lawful right to monitor people movements etc.  Send another SAR with all these questions in Bulletpoints! If the matter goes to court request the parking operative to be called as a witness!