UKPS LTD Particulars of Claim court action

dabachi_scents23

I'm hoping it's right to start a new thread as I haven't found anything related to this stage of me challenging my PCN. I have read the newbies thread extensively (which has been most helpful to date, so thank you), but i'm not sure what to expect next.

To cut a long story short, I received a PCN in October 2018 which I appealed and lost. I denied responsibility and asked UKPS LTD to provide evidence of who was the driver as my understanding is there is no legal obligation for me to provide this information to them.

They failed to send me a NTK within the 14 day time period (infact, one was never received and they just stopped responding to my emails!)

I received sporadic debt collection letters with extortionate amounts which I ignored, and then just before the 6 year cut off point, I received a letter from a solicitor threatening court action and stating non payment will result in a CCJ etc. I let it go to court, entered my defense, and was invited to mediation. I attended, but refused to settle based on them not providing the NTK, and with the amount of time now lapsed, plus the silly figures they were quoting, I'm happy for this to go back to court.

I've now received a letter from the court stating "upon considering the pleadings and upon the Court noting that the Particulars of Claim fail to set out the factual background to the claim, the legal basis of rhe claim, or how the quantum has been calculated", with 2 main action points: 

1. Unless the Claiminat files and serves an amended particulars of claim by.... the claim will be struck out without further notice.

2. Upon successful compliance with point 1, I have a further calendar month to send my amended defence to the Claimant and the Court.

What can I expect? Is this positive? Are UKPS LTD likely to adhere to the above or can I expect them to give up?

DE_612183

who is the legal team acting for UKPS ( or is it in-house )?

dabachi_scents23

DE_612183 said:

who is the legal team acting for UKPS ( or is it in-house )?

Moorside Legal. I received correspondence from them approx 5.5 years after the PCN was first issued 

Coupon-mad

dabachi_scents23 said:

I'm hoping it's right to start a new thread as I haven't found anything related to this stage of me challenging my PCN. I have read the newbies thread extensively (which has been most helpful to date, so thank you), but i'm not sure what to expect next.

To cut a long story short, I received a PCN in October 2018 which I appealed and lost. I denied responsibility and asked UKPS LTD to provide evidence of who was the driver as my understanding is there is no legal obligation for me to provide this information to them.

They failed to send me a NTK within the 14 day time period (infact, one was never received and they just stopped responding to my emails!)

I received sporadic debt collection letters with extortionate amounts which I ignored, and then just before the 6 year cut off point, I received a letter from a solicitor threatening court action and stating non payment will result in a CCJ etc. I let it go to court, entered my defense, and was invited to mediation. I attended, but refused to settle based on them not providing the NTK, and with the amount of time now lapsed, plus the silly figures they were quoting, I'm happy for this to go back to court.

I've now received a letter from the court stating "upon considering the pleadings and upon the Court noting that the Particulars of Claim fail to set out the factual background to the claim, the legal basis of rhe claim, or how the quantum has been calculated", with 2 main action points: 

1. Unless the Claiminat files and serves an amended particulars of claim by.... the claim will be struck out without further notice.

2. Upon successful compliance with point 1, I have a further calendar month to send my amended defence to the Claimant and the Court.

What can I expect? Is this positive? Are UKPS LTD likely to adhere to the above or can I expect them to give up?

Which court? Which judge?

Could you show us a screenshot of that Order as @Le_Kirk is gathering evidence of them.

Show us what comes next, as well. At the moment, you've almost won. Unless Moorside comply with the order, in which case we need to see exactly what this first order says.

And stick around in August to take part in the Government's Public Consultation. We have an important thread about that and we need ALL Defendants to respond to the questions to shape the regulation of this rogue industry,

dabachi_scents23

Coupon-mad said:

dabachi_scents23 said:

I'm hoping it's right to start a new thread as I haven't found anything related to this stage of me challenging my PCN. I have read the newbies thread extensively (which has been most helpful to date, so thank you), but i'm not sure what to expect next.

To cut a long story short, I received a PCN in October 2018 which I appealed and lost. I denied responsibility and asked UKPS LTD to provide evidence of who was the driver as my understanding is there is no legal obligation for me to provide this information to them.

They failed to send me a NTK within the 14 day time period (infact, one was never received and they just stopped responding to my emails!)

I received sporadic debt collection letters with extortionate amounts which I ignored, and then just before the 6 year cut off point, I received a letter from a solicitor threatening court action and stating non payment will result in a CCJ etc. I let it go to court, entered my defense, and was invited to mediation. I attended, but refused to settle based on them not providing the NTK, and with the amount of time now lapsed, plus the silly figures they were quoting, I'm happy for this to go back to court.

I've now received a letter from the court stating "upon considering the pleadings and upon the Court noting that the Particulars of Claim fail to set out the factual background to the claim, the legal basis of rhe claim, or how the quantum has been calculated", with 2 main action points: 

1. Unless the Claiminat files and serves an amended particulars of claim by.... the claim will be struck out without further notice.

2. Upon successful compliance with point 1, I have a further calendar month to send my amended defence to the Claimant and the Court.

What can I expect? Is this positive? Are UKPS LTD likely to adhere to the above or can I expect them to give up?

Which court? Which judge?

Could you show us a screenshot of that Order as @Le_Kirk is gathering evidence of them.

Show us what comes next, as well. At the moment, you've almost won. Unless Moorside comply with the order, in which case we need to see exactly what this first order says.

And stick around in August to take part in the Government's Public Consultation. We have an important thread about that and we need ALL Defendants to respond to the questions to shape the regulation of this rogue industry,

Letter attached! Please do advise on if there is anything I need to be aware of? How would they potentially amend the Particualrs of Claim? My defence is that no NTK was issued, and that I deny liability as I wasn't the driver, and almost 7 years later would not be able to name the driver.

Castle

OP
You may want to check with DVLA as too when UKPS obtained your details.

dabachi_scents23

Castle said:

OP
You may want to check with DVLA as too when UKPS obtained your details.

The initial PCN arrived within 12 days after the alleged breach of contract for parking on private land so it would have been within that time period 

Castle

dabachi_scents23 said:

Castle said:

OP
You may want to check with DVLA as too when UKPS obtained your details.

The initial PCN arrived within 12 days after the alleged breach of contract for parking on private land so it would have been within that time period 

Which contradicts your statement "My defence is that no NTK was issued".

dabachi_scents23

Castle said:

dabachi_scents23 said:

Castle said:

OP
You may want to check with DVLA as too when UKPS obtained your details.

The initial PCN arrived within 12 days after the alleged breach of contract for parking on private land so it would have been within that time period 

Which contradicts your statement "My defence is that no NTK was issued".

Sorry, I was unclear. The PCN letter was dated 12 days after the alleged offence, and did not arrive within the 14 day period required under POFA 2012 schedule 4. This is my defence. I denied liability in my appeal, asked for photographic evidence of who was driving, and received a very poor email response which didn't contain any of the correct terminology they should have used to pursue me as the registered keeper 

Coupon-mad

OK, show us the EXACT defence you put in.

dabachi_scents23

Coupon-mad said:

OK, show us the EXACT defence you put in

To the court? Or my correspndence with UKPS LTD? 

This is what was shared with UKPS LTD (copied and pasted from my email) 

"Thank you for your recent correspondence.

As stated in my initial appeal, I do not admit to being the driver of the vehicle at the time in question and, therefore, am not liable for this Parking Charge Notice (PCN).

Following your suggestion, I attempted to contact the IAS. However, as I am not the driver, I am ineligible to lodge an appeal under their process, which only permits appeals from the driver or their representative within 21 days.

On legal advice, I must also contest your interpretation of grace periods under the IPC Code of Practice. There is no clause in Part B, Section 15.1 limiting grace periods to pay-and-display car parks, making your justification for the PCN both incorrect and unenforceable.

The ANPR images show the vehicle stopped for less than two minutes in an unlit side street, where the signage and road markings were inadequately visible. The vehicle was not parked but briefly sstoppd, presumably to try and read the sign, before the driver chose to leave. The sign itself is located some distance from the camera and lacks sufficient illumination. This renders your signage non-compliant with IPC standards.

As an Approved Operator, you are expected to allow drivers a reasonable opportunity to assess terms and conditions before deciding whether to stay, i.e. enter into a contract. In this case, the driver clearly chose not to accept those terms and exited the site almost immediately.

Given that you do not participate in the Ombudsman service, I respectfully invite you to cancel this PCN on the grounds that it is unenforceable, unfair, and unjust.

Should you refuse, I am prepared to defend this matter in court. My solicitor is confident the charge will be dismissed and you may be liable for associated costs"

To the court, I used the wording from the Newbies Thread Defence Template. This was handwritten on the witness statement N180 (?) form that was sent to me