UKPC Licence plate error

TBrown302818

Before I could do my popla appeal it was sent to court

TBrown302818

Can I get some feedback on my answers please. I have til 20th 

TBrown302818

Coupon-mad said:

TBrown302818 said:

Hi All
Happy New Year

I have my N180 form. Even though Ive done this before I just want to check.

Using the newbies then defence thread I have this:

Name of court : Luton County Court
Claim number
To be completed by: (My name)
Who is : Defendant (ticked)

Contact details completed for compulsory settlement/ mediation 

C1 Small claims : Yes
D1 : No

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these months of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing. I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. E1: My mobile E2: Availability  E3 Interpreter: No E4: Additional support: Yes, I am dyslexic. Clearly explained terms and time to process is required F1: Luton County Court. It is my local court and I have mobility issues F2: Written expert evidence: No F3: Witnesses: 1 F4: Availability F5: Interpreter: No F6: Vulnerable?: No G This section is language based: English for all Signature Defendant ticked again I am emailing a the N180 to claimresponses.cnbc@justice.gov.uk and also to UKPC @ claims@ukparkingcontrol.com

Please can someone give me the nod regarding all this. Many thanks

As this is Luton Court I'd also attach a copy of CEL v Chan and ask for the claim to be struck out, if it was brought by UKPC themselves.

Or was the claim actually brought for UKPC by DCB Legal?

Neither email address looks right.

Show us the POC and the defence facts section you put in (we assume you used the Template Defence and we don't want tk see the entire template please).

Hi. Yes I will send the CEL vs CHAN. I have a copy on my desktop. Forgot to mention.

This is my def:

1. The Defendant denies any liability for this claim. 2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4. 3. The Defendant is unable to plead properly to the PoC because: (a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5); (b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on; (c) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred; (d) The PoC do not state exactly how the claim for statutory interest is calculated; (e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages; (f) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action. 4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim. Statement of truth I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

And I also sent a draft order. I can copy that in if you want to see.

Ive looked at the LOC and it is from DCBL 

Coupon-mad

Oh, so you didn't use the Template Defence and didn't put any facts in.

Show us the POC.

TBrown302818

Coupon-mad said:

Oh, so you didn't use the Template Defence and didn't put any facts in.

Show us the POC.

No. Like an idiot Ive got myself mixed up.

This is from the ticket that came out of nowhere. This car was not registered to me ever but I did drive it. I dont have the ticket just this claim form

Le_Kirk

 This car was not registered to me ever but I did drive it.

You are saying that you are not and never have been the keeper (RK); how then did you receive the claim form?  Did the RK transfer liability to you by using the tear-off slip on the original PCN?

TBrown302818

I have googled the address and if it was me then that would have been 4/5 years plus ago. I imagine that as with another thread i posted, i would have stated that there are no signs there, which there are now! I did not know to not state I was the driver but I obviously signed my first initial and surname as thats whats on the paperwork.

No the rk did not transfer. He would just pay it 

Coupon-mad

I'm kind of glad you took liability for it then!  I really wish people wouldn't just pay what MPs called 'outrageous scam' PCNs.

However, I only say 'kind of glad' because this makes your short defence even shakier (sorry). You've gone with "I don't know what this is about" even though the POC do plead the breach and location, the car and the date of incident. And even though you must have appealed as driver and clearly knew about it.

Let's hope that the allocating Luton Judge later hands you a lifeline by ordering the C to file "full Particulars" then allows you to amend that defence.

Alternatively, offer a tenner or £20 at mediation, both of which have worked for posters this week!

TBrown302818

Yeah. Agreed. I didnt do a subject access request for this so cant be sure what on earth I said. Ill go for £10. Thats more than what they deserve.

Thanks
Ill submit n180 & cel vs chan now by email to Claimresponses.cnbc@justice.gov.uk  

Ive scanned for DCB legal email and found:

DCB Legal Email Address — MoneySavingExpert Forum

Im gonna use sarah@dcblegal.co.uk

TBrown302818

Going through the newbies post, Eurocar parks limited did not acknowledge my appeal and did not send me and did not give me a popla number