UKCPS COUNTY COURT LETTER

Faz1996

Hello all,

I have received a county court letter from Civil national business centre northampton.

Claimant
UKCPS
Solicitors
Moorside Legal Services

Particulars of Claim

The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle [REDACTED] at Total Fitness [RETRACTED].
2. The PCN(s) were issued on 22/11/2023 on land managed by C.
3. The vehicle was parked in breach of Terms on C's sign (the contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the PCN is outstanding and has escalated and the claimant claims 1. 170.00 being the total of the PCN. 2. Costs and court fees.
The claimant claims Interest at a rate of 8% under s.69 of the County Courts Act 1984 from the date 22/02/2024 to 01/04/2025 on 170.0 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.04.

Signed 
Thomas clough



Now honestly, 
This is my gym's car park and I have been going there for over 10 years. I do not remember what I was doing in 22/11/23. I do not remember the letters nor do I remember who was driving (my car is shared by the family). We usually go to the gym in the evening so it would have been super dark and not sure if it is to do with parking in a bay I should not have or etc. Last year I was in and out of the country quite a bit so the letters must have been ignored unfortunately I do not remember. 

How could I defend this please? I do not know how to even get a picture of what contract I breached because this has never actually happened to me I go to the gym everyday lol. 

I need to appeal by the end of April so any help is appreciated! I have seen other threads but they all have some sort of reasoning. I do not even know what time I went and who was driving and not even seen any pictures don't even remember the parking ticket?

It says on the 2nd page of the claim 
"If you file an acknowledgement of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgement may be entered against you.
If you do not file an application within 14 days of the date of filing this acknowledgment of service, it will be assumed that you accept the courts jurisdiction and judgment may be entered against you. 

I'm not sorry but I am super neurodivergent what does that even mean lol... Do I have 28 days or 14 days because the court letter came to my house on 3rd of April? Do I still have time or no?

Just want to defend it to the best of my ability. Thank you all.
God Bless 

Nellymoser

There are 7 Announcements threads pinned at top of page 1. These provide lots of info and  guide you what to do and when now you have a claim.

First go to NEWBIES thread read second post titled Small Claim then follow the guidance. Think you need to file the AOS. Then onto the Template Defence thread for you to adapt and copy the defence. You'll see it's ok to say you don't remember the 2023 parking event.

If you post the issue date on the Claim form others will advise you on the required response timings.

The 'contract' is the T&C on the car park signs. Claimant says vehicle was in breach but fails to say what the breach was making it difficult for you to respond to their allegation.

The details you posted from 2nd page of the claim are basically telling you if you don't respond as requested within the time frame stated you lose.

Complain to your gym unlikely they will get pcn cancelled now it's at court stage but still let them know your not happy.

With you not receiving any of UKCPS letters check your DVLA (V5C) address details are correct.

Car1980

If those particulars are accurate they are dire. No explanation of what term was breached or what you did "wrong".

Look at the judgments thread, Akande and Chan.

You need to go heavy on insisting this should be struck out, or at the least further and better particulars need to be served.

Coupon-mad

I need to appeal by the end of April

Nope. You need to defend. DON'T copy an appeal by mistake.

All you need to do is use the 'special' template defence linked for Moorside claims. It's in the first post of the Template Defence thread and already includes the Chan & Akande cases.

That merely leaves you to write facts as your para 6 (within the 30+ paragraph template defence, of course which we DON'T want to see).

We do want to see just your draft para 6, based on what you read in the template defence notes for what is normally para 3.