Text message from qdrs solicitor stage

KeithP

"We write in respect of an unpaid notice of parking charge (herein referred to as "NoPC"). This is a formal Letter of Claim drafted in accordance with the Pre-Action Protocol for Debt Claims". 

Don't need to read anymore.   

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

fisherjim

And all written in that silly legal babble (herein referred to as SLB) to unnerve the gullible!

Coupon-mad

Strebor said:

UKPC now written.....their headed paper, this text is the content (minus any data ref numbers)

Your experienced comments on such a letter, and where this leaves me re......continued no contact or why am I worried about this?

Primary objection to this claim is how could I have a contract when
1. I could not read the signs (way up high and I'd need binoculars to read small print) plus
2. there was no eye level sign on the actual shop (and only one that is driven past at the first shop, which I didn't attend. Further
3. the bay I was in had no sign facing my line of bays as it was an end bay, and I didn't have to turn around to attend the shop (they saved money by having signs only on central poles (up high) that exist only inbetween bays and not on the end bays......of course that means customers parking at the end bays and going to the end shops don't see signs.

Any help appreciated. Letter text :

This is not a circular

Date: (removed)

Registration (removed)

My Name and address (removed)
UKPC Litigation reference number (removed)

RE: Claim reference number: (removed)

Total owing: £170.00

We write in respect of an unpaid notice of parking charge (herein referred to as "NoPC"). This is a formal Letter of Claim drafted in accordance with the Pre-Action Protocol for Debt Claims.

A vehicle, with a vehicle registration mark XYZ (herewith referred to as the Vehicle) was parked on private property which at the time, was managed by UK Parking Control Limited (herewith referred to as UKPC). The signage present on the private property stated the terms and conditions (herewith referred to as the Contract). to which it was subsequently found that the Vehicle was parked in breach of the terms and conditions, and such the Contract was accepted and NoPC had been issued. Details of the NoPC can be found below. Payment was due within 28 days of the NoPC being issued, however this remains outstanding.

The amount of the debt is £170.00 which includes the NoPC(s) and debt recovery fee. If a Claim is issued. further costs will be incurred and sought, together with accruing interest at 8% above base rate per annum pursuant of the County Courts Act 1984.

NEXT STEPS

Within 30 days of the date of this letter you should either.

1. Make payment using the methods as stated overleaf; or

2. Complete the Reply Form and Financial Statement that can be found at www.ukparkingcontrol.com/reply-form (if you require one to be emailed, or a hard copy sent, please write to us at litigation@ukparkingcontrol.com). Please send the filled out forms to our provided email address or the postal address found overleaf. You will also find your rights and responsibilities under the Pre-Action Protocol for Debt Claims within the abovementioned link.

Failure to do so will result in a claim being issued against you without further notice.

Your attention is further drawn to the Civil Procedure Rules and the Court's power to impose sanctions if you

fail to respond or pay. This will be further brought to the attention of the Court when consideration costs.

You may wish to seek independent legal advice from a Solicitor or other free money advice organisations.

If you wish to discuss with our team, please reach out at litigation@ukparkingcontrol.com.

Kind regards,
"Squiggle signature - unreadable."

Litigation Team


2nd page

NOTICE OF CLAIMS DETAILS:

1. CONREFERENCE NUMBER: (removed)

CONTRAVENTION DATE: May 2023

LOCATION: (removed)

REASON: Not parked within bay markings

Obviously no paying or panicking.

UKPC (twice banned by the DVLA) appear to have taken litigation in-house unless they are lying that they have a Litigation Team:

Exactly the same as the letter shown here:

https://forums.moneysavingexpert.com/discussion/6477285/ukpc-sent-me-another-letter

Strebor

Hi all, wrote to them with robust defence (as that is what I gleaned from reading ..... Could be wrong.) I also asked for the 30 days as per the note written.

Since my last comment on this thread I had 3 further notice to claims letters arrive on the same day in separate envelopes with the same dates, with 15 days left warning.

The day after I sent my email I received a further letter before claim which was notice to claim with further time moving everything on from the end date of the original, which suggests they didn't carry out the legal claim but threatened again.

I am going to write to the store. (Now I have the write up of my objections)

As a point of legal......if they have failed to form a contract, (no Welsh on sign for instance) are any of their time limits legal anyway? Like the time to appeal, letter time limits or even the fine itself?

Any advice be grateful.

PS. Is their response so specific to identify my case to them? How is one meant to handle this as you mention no specifics as it could harm case?
PPS. Car could not be obstructing the customers as the carpark was virtually empty at a quiet time. Their own pictures show spaces a plenty either side in the particular run of bays.

Anyway,

Their response:

Good day,

Please be advised that your email below is deemed as an appeal to the parking charge. As per all the notices issued to you (4 from UKPC and 4 from our debt collection agencies) your time to appeal this charge has now expired.

 

As you have provided no ground to put this matter on hold, as this parking charge was issued to you correctly, this charge will not be placed on 30 days hold, as we have provided you with 30 days from when the letter of claim was first issued to you to action the allegations against you.

 

We have photographic evidence of your vehicle clearly not parked within the markings of the bay, causing an obstruction to our clients customers. Thus the parking charge was issued correctly.

 

For the next steps to this claim, please refer to the letter of claim issued against you.

UKPC Litigation Team

Coupon-mad

Just ignore that drivel and come back when the court claim forms arrive.

You will surely have seen from reading other threads in October what a Claim Form looks like and that UKPC have started filing them without a solicitor...

...Shame the POC are woeful and they will get nowhere except for all the default CCJs they'll get in 90% of cases, from victims who don't defend.

UncleThomasCobley

Just wait for them to issue a claim and then defend using the template defence and the CEL v Chan preliminary matter and you will see this thrown out a allocation stage.

You can still ask them to hold for 30 days for debt advice even though you do not admit to any debt as long as you send it to them before their LoC 30 days are up. Their letter stating that you cannot do this is a breach of the PAP if their LoC 30 days are not up yet.

Unless you can get your Plan A sorted out and get the landowner to get UKPC to cancel the PCN, just get on with your life.

Strebor

Thanks, other than the template contents, in your opinion is it reasonable to expect a visitor to an establishment to walk 80m away from that establishment and then back again to visit in order to read small print on signs that are at a readable height? The closer one (still away from establishment) being about 8ft plus high so small print cannot be read?

Coupon-mad

No, but the Template Defence already covers unclear signs.

Strebor

Just received the claim form, merry Xmas !

So now I have to respond to that.

Where is the CEL Vs CHAN please? I read people finding it hard to locate.

Do I have to do my full defence at this stage too? I have pictures of high signs and none other than 80m away from the store at readable height.

I'm very grateful for the help.

KeithP

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.