This information with thanks to henrik777 and Castle
AS FROM APRIL 6TH 2020
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UKPC LBC Residential parking
Comments
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Thanks all.
Various points taken on board and response submitted attacking non evidenced claim and primacy of contract.
Ball back on their court.0 -
Scs are now requesting a full copy of the leasehold, I've already provided the specific excepts and name on document.
If UKPC has authority to operate, they should have this and I shouldn't be obligated to provide it, is that right?0 -
Ask them why theiur client failed to perform their duties with reasonable skill and care, on a site they knew or SHOULD HAVE known would contain leaseholders with varying rights over the property.
their clients failures to perform basic diligience before harassing residents should not be your problem.0 -
Hi All,
I hope everyone is adjusting to life under lockdown.
After much back and forth I have today received a claim form. I will now be reading through the advice on the next steps and responding accordingly.
I have seen a number of cases on here with similar defences so have every confidence of a win in court.
One notable point, the claim amount is significantly lower (less than 1/3) than their original claim, am I missing something or are they lacking confidence?
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Probably the latter, new regulation wrt witness statements some into force shortly.You never know how far you can go until you go too far.1
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Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth
For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement 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.1 -
With a Claim Issue Date of 23rd March, you have until Tuesday 14th April to file an Acknowledgment of Service. If possible, do not file an AoS before 28th March, but otherwise there is nothing to be gained by delaying it.Having filed an AoS, you have until 4pm on Monday 27th April 2020 to file your Defence.That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.To file both an AoS and a Defence, follow the guidance in this post:Guidance on creating a Defence is also in that thread - in the first post on that thread.Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.1
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Thanks everybody, AoS filed, now the work begins.
The particulars of the claim have been received from SCS and they don't match up to previous indications from the discussions with SCS.
The defendant is and was at all material times an individual and was the registered keeper or driver of the vehicle
And
The defendant has admitted that they were the driver of the vehicle for the contraventions listed and/or in the event that the claimant has been unable to identify the driver of the vehicle, the Claimant has complied with the provisions of Paragraph 4(2) of schedule 4 of the Protections of Freedoms Act 2012 and has the right to bring this claim against the registered keeper under paragraph 4(1) of Schedule 4 of the same Act, being the defendant.
The defendant was not the registered keeper (The vehicle in question was a fleet vehicle owned by the previous employer) and was told by SCS that they would not be relying on POFA.
The employer had not explicitly named the defendant as the driver when the claim was started, until this was challenged by the defendant. They were then told to word it as such by SCS
The defendant has evidence of this, an email thread between SCS and the employer, including the details of the representative at the employer. That person was not employed at the time nor has the authority to name the defendant since no records were held.
The sum has reduced to circa £600 as has the number of listed alleged contraventions. I assume this is to do with the minimum recoverable amount but has renewed my confidence to fight this.
I will continue to gather information based upon similar case both here and those that have established a precedent for residential parking, (Pace Vs Noor etc) and share the draft defence here.2
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