Defending claim from UKCPS / Moorside Legal

Coupon-mad

Prioritise reading some claim threads next to yours. It'll take you ten minutes to see what to show us and what to redact.

Herbiedog3

POC states:

1. The Defendant (D) is indebted to the Claimant(C) for a Parking Charge issued to the vehicle XXXXXXX at Kudos & Timeless LEEDS LS14 6UH. 2. The PCN was issued on 29/11/2023 on land managed by C. 3. The vehicle was parked in breach of the Terms on C's signs (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 under the section 69 of the County Courts Act 1984 at the rate of 8% a year from 04/04/2024 to 01/04/2025 on £170.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.04.

Claimant: UKCPS
Solicitors: Moorside Legal

Amount claimed: £183.49
Court fee: £35.00
Legal representative's costs: £50.00
Total amount: £268.49

Herbiedog3

I have used the templates provided including the one specific for Moorside Legal cases with Chan & Akande. At the point where I add basic facts to my particular case, here is what I've drafted so far...

*** Points 1-4 from Moorside Legal template ***

The facts known to the Defendant: 

5. The facts in this defence come from the Defendant's own knowledge and honest belief. The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

6. Neither the PCN initially issued by the Claimant nor the POC specify an accurate or detailed location of parking. The postcode on the POC (LS14 6UH) is not the postcode in which the Defendant was parked (LS14 6YN) on 29/11/2023 (the date of the alleged visit). The Defendant is not indebted to the Claimant. The Claimant is put to strict proof of all of their allegations in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities. 

7. Paragraphs 3 and 4 are denied. The residential development in question has inadequate signage which is not in line with industry standards. Clear signage was not displayed on each entrance and throughout the area of controlled land, as per IPC Code of Conduct. The Claimant themselves corroborated this when they provided a site map during the internal appeals procedure, which failed to identify the entrance in which the Defendant entered the street in which they parked. Signage thereafter was not sufficient in number so that this was clearly visible to motorists, as set out in the IPC Code of Conduct. In the absence of sufficient signage, the Defendant could not and did not enter into any contract with the Claimant, and is therefore not liable.  

8. The quantum is hugely exaggerated (no PCN can be £170 on private land, given the industry PCN cap is £100) and there were no damages incurred whatsoever. 

*** Points 4 onwards from standard defence template ***

I'm sure the wording may need tweaking / any other comments or suggestions welcome...

In my previous appeals I had put a lot more points in but this was mostly about the PCN itself - do we stick only to the vague points in the POC at this stage?

Coupon-mad

Looks good. Show us their photos please.

Is this one of UKCPS' trap sites where you weren't even parked, just stopped for 2 minutes?

Herbiedog3

Coupon-mad said:

Looks good. Show us their photos please.

Is this one of UKCPS' trap sites where you weren't even parked, just stopped for 2 minutes?

Photos of what please? 

No I was parked to be fair - its a residential street which I had no clue was restricted as had parked there once or twice before (before restrictions were changed) and saw no signs. They failed to identify an entrance point into the street; the one I used; which was hence not signposted accordingly. 

Would you say that defence is good to send or anything to add/amend? Am I right to give them the actual location I was parked as this is still on their controlled land but is not however where they state I was on the claim?

Do I literally copy the rest of the templates mentioned word for word or does anything need adjusting based on the case? Not going to lie a lot of it doesn’t make much sense to me!  

Thanks

Coupon-mad

Photos of what please? 

You said you appealed so presumably you downloaded their evidence? Your car in the darkness and/or signage pics?

"Do I literally copy the rest of the templates mentioned word for word."

Yes.

Your section looks very good. Nice work.

Herbiedog3

Hoping these photo links work? 

Their photo of signage provided (not visible to me where I parked) https://1drv.ms/i/c/29465285b7de0621/ESqehOMg4MRJup_Cyral0boBiotzECG44a_15cbJ8ySx_Q

Site map they provided of signage - around the site - green indicates entrance points and I have annotated in blue an additional entrance point they have not identified and has no signs https://1drv.ms/i/c/29465285b7de0621/EWtqsoiZT0dMhiPVi1wPQukB33rXeSnjGkq282DZvX_t_Q

My photo evidence of no signage at said entrance point https://1drv.ms/u/c/29465285b7de0621/ESEG3reFUkYggCnmAwAAAAABTCmgETteQwwp-9gY6Kl-Qw

My photo of the stretch of road I was parked with absolutely zero signs visible https://1drv.ms/u/c/29465285b7de0621/ESEG3reFUkYggCnrAwAAAAABhP-Qnf475BP0uDCfdHFdQA

Anything else you’d like to see? 

Coupon-mad

No that's great evidence for WS stage (later)!  There was no agreed contract was there?!

Any judge would be hard pressed to find in favour of UKCPS. Your defence is very good.

Herbiedog3

Coupon-mad said:

No that's great evidence for WS stage (later)!  There was no agreed contract was there?!

Any judge would be hard pressed to find in favour of UKCPS. Your defence is very good.

Well that’s certainly my point and hope! 

Right will get it submitted first thing. I’ve unfortunately gone past the deadline (misunderstood / miscalculated - recently gave birth so trying to sort this mess with a newborn baby and whole household taken down with a sickness bug = mistakes made  ) however I contacted the court who said I could still submit my defence as no judgement has been entered yet. 

 Thanks for all your help @Coupon-mad - much appreciated!

Coupon-mad

Herbiedog3 said:

Coupon-mad said:

No that's great evidence for WS stage (later)!  There was no agreed contract was there?!

Any judge would be hard pressed to find in favour of UKCPS. Your defence is very good.

Well that’s certainly my point and hope! 

Right will get it submitted first thing. I’ve unfortunately gone past the deadline (misunderstood / miscalculated - recently gave birth so trying to sort this mess with a newborn baby and whole household taken down with a sickness bug = mistakes made  ) however I contacted the court who said I could still submit my defence as no judgement has been entered yet. 

 Thanks for all your help @Coupon-mad - much appreciated!

In that case you are in danger of a CCJ at any moment. This is now a race.

Abandon the usual email.

I'd say: don't delay to ask us what to remove beyond the below: put it in on MCOL immediately, which allows 122 lines only.

Remove the headings and remove the entire second half of the Template, making sure the final sentence you can fit in (whatever it is) is complete so it makes sense. Bung it in. Hit SUBMIT.