Another one bites the dust 25/03/2025 -UKPC in house

Coupon-mad

Dear UKPC,

I prefer a hearing in person and it's at my local court, of course, since I am a LiP.

If you can't cover as part of your business running costs, the normal costs of litigation (including attending hearings and/or using a legal rep if necessary) one wonders why your firm set up a legal department at all? Was it to copy DCB Legal's obscene profits by setting out to rinse most people with default CCJs?

Rhetorical question but your MO is the same and in the mind of a reasonable person, you should be ashamed of what 'farming' for default CCJs does to people's social, employment and financial prospects as well as their peace of mind.

The way forward:
Why not just discontinue now and save yourselves the wasted costs that I will be claiming due to your unreasonable conduct  and poorly pleaded claim?

This is a 'drop hands' offer: both parties walk away and bear our own costs. The offer has significant value to UKPC and is valid until DATE.

If you don't discontinue, I will be seeking all my costs at the hearing and exposing your failure to comply with CPRs snd PD16.

yours faithfully, 

Tima

I like it. I have sent it to them. I couldn't believe they dared even to say they wouldn't be able to make it. 

Coupon-mad

Tima said:

Hi all, 
I received the email below from UKPC. I requested a face-to-face hearing in the previous forms sent, hence the court date. Do I need to write to the courts again to insist on a face-to-face?

Thanks 

Dear Sirs,

Please find attached the Claimant’s Witness Statement in relation to the above matter. A

copy has been filed with the Court.

The Claimant has requested the hearing be via CVP, as the Claimant does not have external

counsel for the hearing and as such the advocacy will need to be undertaken by an internal

member of UKPC’s legal department.

If this not accepted, the Claimant wishes to notify the Defendant that they are unable to

attend the hearing scheduled for  March 2025 in person and will, therefore submitting

written submissions as ordered for judgement to be made in their absence. The Claimant

confirms their compliance with CPR 27.9 (a) and (b).

Kind Regards,

UKPC Litigation Team

Let us know how the hearing goes in March, or if UKPC Litigation team discontinue.

Bazarius

If it is confirmed and exhibited in the claimant’s witness statement that the sign does not mention that the driver agrees and promises to pay within 28 days . Then  expand on para 7 of your defence in a supplementary witness statement to show that it was impossible for any driver to “agree” to pay within 28 days .  

Do something like this 

1. As stated in para 7  of my Defence,  I reconfirm that I did not contractually  agree to pay £100 within 28 days .  The sign does not convey anything of the sort ,  the claimant confirms the same as exhibited  in their witness statement on page x . A copy of the same image  is exhibited under xx on page x of my supplementary witness statement. 

2. The Claimant has arbitrarily added a new 28 day payment term upon issuance of the parking charge notice .   Nothing on the Claimant’s sign mentions anything about 28 days payment terms .   The 28 days payment terms came too late and therefore any assertions that I agreed to pay within 28 days as alleged in the Claimant’s PoC is unfounded. 

3. I rely on the leading contract law case between Thornton v Shoe Lane Parking [1970] EWCA Civ 2- which provides a good example of the rule that a clause cannot be incorporated after a contract has been concluded , without reasonable notice before.  A copy of the Judgment transcript can be viewed at the link below  (or attached transcript) which the Court is invited to find persuasive and relevance to the instant case. 

4.  The Defendant respectfully asks the Court to dismiss the Claim out as it is entirely without merit and the claimant ordered to pay the Defendants standard  Litigants in Persons costs and further costs  for unreasonable behavior in litigation pursuant under CPR  27.14(2)(g) for attempting to mislead the court with false statements of case . 

Coupon-mad

I don't think any Defendant should put this:

"The contract had already been offered and was deemed accepted by the act of parking at the site after the 5/10 mins consideration period had passed."

Bazarius

Coupon-mad said:

I don't think any Defendant should put this:

"The contract had already been offered and was deemed accepted by the act of parking at the site after the 5/10 mins consideration period had passed."

I see your point. I agree it’s  not suitable for all cases.  

I have deleted the above .   Remove /amend further  if you wish to ensure it does not contradict the Defence/WS . 

Tima

Thanks, everyone. I have been quite unwell, so I have not seen any of the messages above - UKPC sent a large folder to the house on Thursday with all of their documents/evidence/statement, but as I was unwell, I haven't had the chance to look at it. My H will be attending the court tomorrow. He has been very busy with work/taking care of me/the children, so I just wanted to check if there is any advice other than arriving early, getting smart dressed, being courteous, etc., for him to prepare for tomorrow.

Also, in all of the defence and witness statements, we didn't mention the actual offence; tomorrow, will we have to say this to the judge? 

Thanks in advance 

Gr1pr

There was no offence,  only an alleged breach of the parking contract on that private property,  so the latter is what tomorrow's hearing is about 

The judge will explain who says what and when, so the Defendant may not be saying much, or will be asked to speak about something 

Le_Kirk

Tima said:

My H will be attending the court tomorrow. 

If your H(usband) attends as Lay Rep, you must attend also.

1505grandad

Per op:-

"I'm here to ask for advice for my OH. He got a PCN in March from Asda store and tried to appeal, stating that he was the driver( I know), and they obviously rejected the appeal."