UKPC County Court Claim and Actions from - Advice Required

RLD02071

Hi all,

with reference to the ticket issued for displaying a copy permit I was thinking about adding something along the lines of:

The claimant has failed to provide the terms and / or the procedure for loss of permits despite numerous requests in writing.

I have also just picked up on the Claim from that the POC states:

the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

Q1: It was never agreed that payment would be made - can they put this on the POC when untrue (I have correspondence denying the debt and that it would not be paid at every stage).

Q2: It is fairly obvious that I would have most likely been the driver (can't be sure as it was 5 years ago now) my partner may have parked the car, At no point did I admit to being the driver - the appeal respnse was made to UKPC as the keeper.

They replied by requesting the drivers details - which were never provided.

If i am understanding correctly they have failed to issue a NTK for the debt (as POFA 2012)?

(note - I wil be using Johny86 defence template (items 4-12 and 20) to cover this element.)

Thanks again for any feedback / advice.

B789

and have made reference to the settlement offer I had made previously - the £15.00 sum they reduced to after appeal (to avoid time and costs of court) which was ignored.

When you made that offer, did you do so without prejudice? Aren't you admitting some liability by mentioning that?

the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. 

Q1: It was never agreed that payment would be made - can they put this on the POC when untrue (I have correspondence denying the debt and that it would not be paid at every stage).

They can put whatever they like on the PoC as they are in a dispute with you. They are claiming that by parking where you did, whether you bothered to read their Ts & Cs, you entered into a contract with them. There is probably something in the Terms that says "By parking here, the driver agrees to be bound by the terms blah, blah..."

You are arguing that you either didn't see the terms or were not bound by them anyway.

RLD02071

The offfer was made in one (of the many) letters to UKPC and all the various agents acting on their behalf.

I was getting fed up of the constant letters from Zenith, DRP and all the other "agents" along with the numerous letter before action / claim that had to be replied to.

Part of the reasoning is I was led to believe the courts look favourably if you have attempted to resolve or mediate before actually proceeding to court. Their initital offer after appeal was £15.00 for both PCN's so I fail to see how they can argue the proposed settlement figure.

As much as I agree that nothing should be paid it was becoming a drain on my time to research and write letters etc.

It was worded as below:

To avoid time consuming litigation (which would be vigorously contested), and without prejudice and admission of any liability on my part, I am willing to pay a sum amount totalling £30.00 as full and final settlement against both invoices

I had no response to this offer.

RLD02071

Hi all,

So woud appear I can now add links as have posted enough.

This is pretty much the final defence submission.

Have to re-read, edit and format - taking a short break and will come back and finish thi afternoon.

https://www.dropbox.com/s/hn69rmw6132rnv2/Defence (redacted) - 05.03.odt?dl=0

As previous any feedback and advice is appreciated.

Le_Kirk

If that is a defence it needs to be written in the third person, no "I" but "the defendant".  Are you using the standard defence template?

B789

If you made the £15 offer to pay the PCNs "without prejudice" then there is no point in mentioning it as "without prejudice" means that they can't use that later in court. I don't think that you should mention it as it could be interpreted as though you accept some liability, which we all know, you shouldn't. "Give them an inch and they'll take a mile" springs to mind.

Coupon-mad

I have also just picked up on the Claim from that the POC states: the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. 

Search the forum...please drop that idea...

B789

Looks and reads more like a Witness Statement than a defence. Also, you still mention that you offered to settle which, no matter how you word it, sounds like an acceptance of some liability. Mentioning that you did so "without prejudice" and then mentioning it on your defence/witness statement, kind of defeats the purpose of "without prejudice"!

RLD02071

Afternoon All

Thanks again for the feedback.

generally the standard templates have been used all through but some elements adapted or expanded - as mentioned the final format has not been completed -and will remove any reference to the previous settlement offer.

I have blended the defence templates from Johnersh and @Johny86 and revised again.

Will keep working on it this afternoon.