Parking Ticket UKCPS LTD and Moorside Legal

imsparticus

Good Evening all

A relative has had a private parking notice that I have just been made aware of. UKCPS LTD

At this time no contact has been made to dispute, they received a Claim Form dated 8th Jan.

Sent back the Acknowledgement of service dated 16th Jan by email.

I asked them to request a SAR of which they did to UKCPS 19th Jan (not yet received)

The Keeper was not the Driver at this time and photograpic evidence will support this in court.

The driver stopped the vehicle and walked round the car and got back in and drove away. They have initially requested £100

When the defence is sent should they just address the no Keeper liability aspect that you have made me aware of or everything else templated re Beavis etc.

Would I be correct in thinking they have until around the 8th Feb to send the defence by email 
to the court and claimant?

Or is the claimant copy sent with the N180 if my memory goes back that far...

Once again thank you for all your help with my claim and happy I could eventually post it.

I will do the same with this once the final bell sounds.

Many thanks

Umkomaas

Would I be correct in thinking they have until around the 8th Feb to send the defence by email 
to the court and claimant?

@KeithP - a forum stalwart - will be along to give you some key dates and actions to get you underway. 

UKPCS LTD

Can you check that please, I'm not aware of a PPC that goes by those initials?

Which solicitors are involved?

imsparticus

Apologies Umkomaas

Its UKCPS LTD and Moorside Legal

KeithP

imsparticus said:

A relative has had a private parking notice that I have just been made aware of. UKPCS LTD

At this time no contact has been made to dispute, they received a Claim Form dated 8th Jan.

Sent back the Acknowledgement of service dated 16th Jan by email.

Would I be correct in thinking they have until around the 8th Feb to send the defence by email 
to the court and claimant?

With a Claim Issue Date of 8th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 10th February 2025 to file a Defence.

That's two weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Just search the forum for:

Moorside defence

Copy, except add that the D wasn't driving.

imsparticus

Wonderful, will do and I'll repost to see if it's ok.
Thank you KeithP and Coupon-mad

Le_Kirk

imsparticus said:

Wonderful, will do and I'll repost to see if it's ok.
Thank you @KeithP and @Coupon-mad

But please don't post the whole of the template defence on here, just the paragraphs you edit or add.  You do, of course, send the whole of the template by e-mail to the address in the defence template thread.

imsparticus

Defence started:     (a rough version)

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

1. The Defendant was not the driver. 

2. Evidence will be provided to the Court to Prove this.

3.The facts in this defence come from the Defendants own knowledge and honest belief. To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence.

I will add:

 Parking eye v Beavis to this.
Adding costs (statutory code of practice) 2022
Ministerial Foreword Code
The Claimant has not incurred additional costs
Driver did not agree to pay a charge
New Code and Act (BPA & IPC)
POFA and CRA breaches
Lack of landowner authority evidence 
DLUHC's ban on false costs
Attention to the possibility of an unreasonably lat Notice of Discontinuation etc 

If you think this is ok or not please let me know and I will amend to suit before It is forwarded on to sign etc 
Thanks again.

1505grandad

" It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers)......"

I don't think you are using the latest Defence template wording.

imsparticus

1505grandad thanks
Coupon-mad, KeithP, Le_Kirk How is it looking if you are able to. Thanks again.

imsparticus

I believe I have found the correct version by Coupon-mad of what you have mentioned 1505grandad:

The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the Driver was in breach of any term. Further, it is denied that this Claimant ( understood to have a bare licence as agents ) has standing to sue or form Contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boiler plate text in the particulars of claim ( POC )

I would then add the points above followed by the rest of Coupon-mad's Template. I now understand to keep the defence brief by reading advice on other posts and duly wait for the process to continue.

Apologies for the confusion, I get a little bit snow blinded by all the threads etc. 

Once again thank you for all of your help, and If you feel I need to add anything else please let me know as It's a little clearer now.

Here's to a great weekend