UKPC & county court business centre form received

Bobby2k2 · 4 December 2015 at 12:37AM

Hi
Over the past few years I have received 3x PCNs from UKPC (2x 2013 & 1x 2014). At the time, I followed what I naively thought was the up to date advice by ignoring each one (I now know this is not the case :mad:

I am now in receipt of the 'particulars of claim' issued by the a company called 'Small Claims Solicitors' weirdly signed only with the initials (SCS) as well the Claim form etc from the County Court Business Centre. :eek:

The total is for just under £600 and now I am worried.

From reading the other posts on here and reading the claim form itself, I am aware that this can not be ignored and do not want to run the risk of losing by default because I have failed to respond. To that end I have completed the 'Acknowledgement of service' and will return this as a matter of priority.

The part I am completely at a loss with is how to defend this effectively. Can this be in bullet point from or does it need to be more comprehensive than that? I have tried to find templates for similar cases from UKPC but can find any. I have also looked at the post #5 on the newbie sticky entitled 'SMALL CLAIMS COURT?' and it advises to srart a new thread....

Please help anybody

Thanks in advance

HO87 · 4 December 2015 at 1:12AM

By all means post your acknowledgement of service form but that might just go missing. You can log on - using the details shown on the front of the Particulars of Claim (PoC) - together with the password - and acknowledge service on line. That is far less likely to be missed and is done now (or at least at the time you do it) rather than risking a delay in the Christmas post. You will need to register with and obtain a Government Gateway ID before you can log on to the courts' side of things. All of the instructions are on the form.

Once you have acknowledged service of the PoC you have a further 14 days (on top of those you had on service of the PoC) within which to file a defence. Filing a defence does not mean that you cannot back out or negotiate a settlement later and that initial defence could be based on bullet points and need not be over-detailed. There is no rush for you to do this whilst you gather some advice and decide which way you would like to go.

The fact that UKPC are pursuing you for £600 suggests that there are more than one PCN involved but without further detail we can't assist any further at this stage.

The_Deep · 4 December 2015 at 2:06AM

I would not be too worried, read these

http://forums.moneysavingexpert.com/showthread.php?t=4918256

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

Face up to them and. a pond to a penny they will cave in. When they do, claim your costs

System · 4 December 2015 at 8:37AM

With all due respect to The Deep's intent here, he is simply out of date.

UKPC do turn up to court. They are armed with a lawyer and as was discovered only this Monday, they do win - sort of.

Take it seriously and do some work on it.

You might also want to take a £10 bet with The Deep on his pound for a penny wager. The £1000 you will win will cover your costs.

The_Deep · 6 December 2015 at 7:47PM

I am not out of date username, I am facing the new reality. UKPC have committed what any TSO in the land would see as fraud. Go to court, rub their noses in it, show the Judge the nature of the company. Make extra copies for all the other judges,

I do not know if "clean hands" will fly, but I would give it a try.

Marktheshark · 6 December 2015 at 7:54PM

Go in LOW
Start on No contract formed, and No locus Standi by doing a land registry search and checking this against their contract, they dont have a contract with the real land owner and many are not, they are with management agents and they are dead in the water.

You can make mischief by counterclaiming against the landowner so they have to fork out on a solicitor, that might make them order them to drop it as they are limited to £90 costs and a solicitor will be not a penny less than £350 + vat
Look for discrepancies in the NTK which mean that the POFA 2012 do not apply to the keeper.

Bobby2k2 · 6 December 2015 at 10:06PM

IamEmanresu wrote: »

With all due respect to The Deep's intent here, he is simply out of date.

UKPC do turn up to court. They are armed with a lawyer and as was discovered only this Monday, they do win - sort of.

Hi IamEmanresu

Would you happen to have any further info as to what happened on Monday?

Thanks in advance

Bobby2k2 · 6 December 2015 at 11:29PM

Marktheshark wrote: »

Go in LOW
Start on No contract formed, and No locus Standi by doing a land registry search and checking this against their contract, they dont have a contract with the real land owner and many are not, they are with management agents and they are dead in the water.

Thanks for this... Only problem is where the contravention is alleged is at my partner's flat. She has informed me she believes that UKPC do have a contract with actual land owner. I'll do the land registry search to verify this myself (as its worth a try). However, quick question: How can I obtain a copy of their contract? It hasn't been sent in 'the particulars of claim'.

Look for discrepancies in the NTK which mean that the POFA 2012 do not apply to the keeper.

Do you mean whether they have applied to the DVLA separately for each alleged contravention?
If so, I have just emailed DVLA asking them to verify this.

I don't have any of the NTK to hand (because I naively binned them so anything relating to them will be hard to verify

Redx · 7 December 2015 at 1:12AM

I doubt you will get or see a copy of any contract, although that is one reason its included in any popla or court appeal, so if they dont see it then you win

its very rare for any of these scumpanies to give sight of an unredacted contract

if you dont have the NTK then yes its going to be hard to prove your case, but you can still allege it fails POFA 2012 hoping that the court agrees , plus you can request details and copies of all the paperwork against you

Bobby2k2 · 7 December 2015 at 1:40AM

Redx wrote: »

if you dont have the NTK then yes its going to be hard to prove your case, but you can still allege it fails POFA 2012 hoping that the court agrees , plus you can request details and copies of all the paperwork against you

I do obviously have the dates of each alleged contravention so I'm hoping that if the DVLA can confirm that UKPC didn't apply for my details individually then that will help.

Are there any other ways that I can say that the NTK fails POFA 2012?

Bobby2k2 · 18 December 2015 at 5:22AM

Quick update:

DVLA have confirmed that UKPC did apply for my details individually and by my calculations they used the correct time frame for each

I am still awaiting the title documents from land registry to confirm who the land owner is to determine if I can go down the No locus standi route...

The other points I plan to raise are:

- Poor signage
- No contract formed
- No mitigation of losses. The claim is for x3 separate PCN's. I want to ague that if UKPC (the claimant) alledge that a vehicle registered to me has incurred a PCN on muilpile occasions then why have not taken any steps to mitigate their losses (just not sure on the wording)

Any thoughts???

UKPC & county court business centre form received

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free