UKPC Ltd Claim

KristianFulco

Hi,

I have a claim against me from UKPC Ltd. I followed the guidance and submitted my defence as per the template. I have received a Reply to Defence which I have included a redacted version of linked below.

I did not put this on the Defence, however believe the reason for the alleged breach of T&C was that my vehicle was outside of the lines of the space. My van is longer than the spaces. In this space, I had positioned the overhang of the van over the verge, but the front of the van and wheels were just over the front line of the space. I have noticed plenty of vans like mine use the car park nor are they specifically forbidden, so I asked a UKPC parking attendant how I should park my van, and he confirmed that it is fine to park lengthways across two spaces which I am happy to do, and would have done if I had known this was allowed. I also recorded this conversation. I have read the terms and nowhere does it say this. I would personally think parking 50% across two spaces is more in breach of the terms than parking 10% out of the end of 1 space.

Also, the reply to defence states I appealed to POPLA and was unsuccessful. Not sure if it has any relevance but this is not true, I didn't appeal to POPLA.

I would appreciate if anyone has any guidance on the next steps taking into account the Claimant's response.

Thanks

KristianFulco

Reply to defence: mega.nz/file/qsJQBIiZ#cSiYE-LVAGIwCEcEA292vMlI-C5HAce1ME4aM52_DWs

Coupon-mad

I can't see that link.  Can you copy & paste it or take screenshots/photos.

You can insert images into a reply.

I asked a UKPC parking attendant how I should park my van, and he confirmed that it is fine to park lengthways across two spaces which I am happy to do, and would have done if I had known this was allowed. I also recorded this conversation. I have read the terms and nowhere does it say this. I would personally think parking 50% across two spaces is more in breach of the terms than parking 10% out of the end of 1 space.

Wow he is lying to you and you'd definitely be ticketed for that!  By him.  Love the fact you recorded the conversation!

D_P_Dance

If this went to court they would be, IMO, very likely to lose, read this

Parking Eye Signs, Oxford Road, Reading — MoneySavingExpert Forum

patient_dream

D_P_Dance said:

If this went to court they would be, IMO, very likely to lose, read this

Parking Eye Signs, Oxford Road, Reading — MoneySavingExpert Forum

Sir Dance, nice to see you back
This one is about UKPC who of course have the same rubbish signs as PE

KeithP

Your link made live...
https://mega.nz/file/qsJQBIiZ#cSiYE-LVAGIwCEcEA292vMlI-C5HAce1ME4aM52_DWs

KristianFulco

Thanks for responses. The reason the link wasn't linked is due to the forum software not allowing links for new members.

I will look into the signage issue. I have taken some photographs of the signage when driving into the site and near the parking space and it seems to be too small to be easily readable.

Does the recording subsequent comments by the parking attendant have any relevance to the case (unfortunately you cannot see the uniform in the recording but I have date/time/description)?

Several parking attendants have told me to park length-ways across two spaces in this car park. It seems that despite it still being in breach of their terms, they have unofficially decided not to issue PCNs to vehicles parked like this. Unfortunately there is no way of knowing this though.

Should I just be putting all this in the witness statement?

I am hoping this time will be different. Last year, I went to court for a PCN from a different company and lost (although did pay a lower charge with less interest). On this occasion I was sick on the day of the hearing but dragged myself in with a mask and painkillers. I had read a lot about how the process was user-friendly to litigants in person and I would be guided through it. However, I forgot to mention a few points of my defense. I hoped the Judge would have read the defense and would refer to it in their closing remarks, however they only referred to the points I had made verbally and ignored some of the written defence.

Coupon-mad

Yes: in many cases, the law (and defence argument) is what you say on the day.  Often the Judge has had little or no time to read all submissions.