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Taken to court by UK Parking Control Ltd

245

Comments

  • owais12
    owais12 Posts: 20 Forumite
    edited 13 April 2018 at 4:07PM
    Hi,

    Sorry about the delayed update - I was very unwell the last few weeks.
    I have till Wednesday to finally fill in a defence.

    Having researched, my main two defences seem to be:
    - UKPC have badly readable signs?
    - Forbidding signs fail to constitute a contract and I can only be chased by the landowner for trespassing?
    ----> for this one, how do I overcome their potential argument of: "if it was considered that the Claimant had a legitimate interest in preventing obstruction on the narrow access roads of this private business park when heavy goods vehicles, buses and other vehicles needed to proceed unimpeded, by imposing a charge to be paid in such circumstances." .... Can I highlight the fact it isn't a narrow road and any lane sized vehicle can fit?


    Can't think of what else is relevant going over past examples.
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
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    Do you have the NTKs? Were they POFA 2012 complaint.
    Have you challenged landowner authority, and no standing to bring charges in your own name?
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  • KeithP
    KeithP Posts: 37,574 Forumite
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    My issue date was 12/3/2018 and my date of service is 21/3/2018.
    What does that mean?

    Are you saying the date of issue on the claim form is 12 March 2018?

    If so, then having done the AoS in time your Defence must be filed by 4pm on Monday 16 April 2018.

    You probably should aim to be emailing it on Sunday at the latest.

    Post your draft up here when you're ready.
  • owais12
    owais12 Posts: 20 Forumite
    edited 13 April 2018 at 8:18PM
    Fruitcake wrote: »
    Do you have the NTKs? Were they POFA 2012 complaint.
    Have you challenged landowner authority, and no standing to bring charges in your own name?

    I do have all the NTKs. They say under 'Schedule 4 of the Protection of Freedoms Act 2012' I am liable to pay the unpaid parking charge.

    I have not challenged landowner authority or no standing to bring charges in my name - it is my assumption that UKPC do not own the land. It's likely owned by the university accommodation that the road leads to.
  • owais12
    owais12 Posts: 20 Forumite
    KeithP wrote: »
    What does that mean?

    Are you saying the date of issue on the claim form is 12 March 2018?

    If so, then having done the AoS in time your Defence must be filed by 4pm on Monday 16 April 2018.

    You probably should aim to be emailing it on Sunday at the latest.

    Post your draft up here when you're ready.

    The MCOL platform says the following:
    Date of service of 21/03/2018 notified on 22/03/2018 at 11:38:52
    Your acknowledgment of service was submitted on 23/03/2018 at 16:34:32
    Your acknowledgment of service was received on 26/03/2018 at 01:05:13

    It's 28 days from date of service I assume? which brings it to the coming Wednesday
  • Coupon-mad
    Coupon-mad Posts: 131,439 Forumite
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    I would not rely on that date. Your date of service was very late and not provable.

    Why not just read all the other UKPC University road defences on here, and adapt one?
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  • KeithP
    KeithP Posts: 37,574 Forumite
    Name Dropper First Post First Anniversary
    What is the date of issue on your claim form?
  • Coupon-mad
    Coupon-mad Posts: 131,439 Forumite
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    12th like everyone else, loads were issued then, and MUST be defended by Monday morning, IMHO.
    My issue date was 12/3/2018
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • owais12
    owais12 Posts: 20 Forumite
    Coupon-mad wrote: »
    I would not rely on that date. Your date of service was very late and not provable.

    Why not just read all the other UKPC University road defences on here, and adapt one?

    I will try my best to completed with the defence by end of Sunday.

    the 21/03 date is on the MCOL platform so I would hope that is what counts. It is those every three days later as I got the particulars 3 days late.

    ---

    I will look into the UKPC Uni claims. I tried earlier and couldn't find any that were successful in court ... only one recent one where the OP left mid-way and didn't sign on again.

    Would bad signage and forbidding signs constituting no contract be a good starting point?
  • Coupon-mad
    Coupon-mad Posts: 131,439 Forumite
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    21/03 date is on the MCOL platform so I would hope that is what counts
    .
    Only because you put it in, but that date hugely exceeds the max 5 days for service. I WOULD NOT HOPE OR 'TRY'.

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