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  • FIRST POST
    • BreadedScampi
    • By BreadedScampi 1st May 18, 1:39 PM
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    BreadedScampi
    Claim - UK Parking Control & SCS Law
    • #1
    • 1st May 18, 1:39 PM
    Claim - UK Parking Control & SCS Law 1st May 18 at 1:39 PM
    So I'm being sued by UKPC through SCS Law for gathering 5 parking tickets. They want 800 (160 each) + 130 in court and solicitor fees.

    My first ticket I got because the ticket machine wasn't working. I understand this isn't really a defence as I was still breaching their terms & conditions. I have a video of the machine not working which I thought could reduce their claimed losses through my parking, although I doubt this will be admissible as it does not contain a timestamp.

    Second and third tickets were me being neglectful and forgetting to move my car after my time had run out.

    Fourth and fifth tickets however, were issued to me on double yellow lines outside of the business park. I originally believed this was a public road, but after downloading the title plan from HM Land Registry, it looks like I was in fact on private property also.

    goo gl /maps/s38wvdJqPaU2
    imgur com /a/eZz6B2f
    (sorry, as a new user I can't create links)

    I dealt with the letters pretty poorly (got angry and ignored them all, didn't know about Popla). I did appeal to UKPC for the first ticket I got where the machine wasn't working for like a month. You can guess where they told me to go. I've been given the letter before claim, particulars of loss, and particulars of claim.

    Am I entirely SOL? Any way to lower the costs? Are the debt collectors fees enforceable?

    Damn!
Page 2
    • Coupon-mad
    • By Coupon-mad 20th May 18, 11:00 PM
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    Coupon-mad
    the evidence sent does not match the particulars of claim.
    OK, so cover that in your defence. Mention it as an additional point and use another UKPC multi-ticket defence as your base.

    LOADS HERE TO CRIB FROM!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BreadedScampi
    • By BreadedScampi 26th May 18, 12:57 PM
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    BreadedScampi
    I've written up a draft defence, the deadline for submission is 4pm on Tuesday 29th May (based on the service date 5th May).

    Claim Number: [claim no]

    UK Parking Control Ltd v [name]

    Statement of Defence

    I am [name], the Defendant in this matter and the registered keeper of vehicle [vehicle reg], which is the subject of these proceedings. I assert that the Claimant has no cause for action for the following reasons:

    1. The evidence received does not match the Particulars of the Claim.

    (a) There were no parking charges referenced:
    (i) "[ticket 1]" on [date 1];
    (ii) "[ticket 2]" on [date 2];
    (iii) "[ticket 3]" on [date 3];
    (iv) "[ticket 4]" on [date 4];
    (v) "[ticket 5]" on [date 5].

    (b) The Particulars of Claim are assumed to be entirely invalid, and it is requested that the Court strike out the claim.

    2. Furthermore, the Claim form Particulars were extremely sparse and divulged no cause of action nor sufficient detail. The Defendant has no idea why the charge arose Do I not contradict myself here in my other points?, what the alleged contract was; nothing that could be considered a fair exchange of information. The Claim form Particulars did not contain any evidence of contravention or photographs.

    3. It is denied that the Claimant has authority to bring this claim.
    (a) The Claimant are not the lawful occupier of the land.

    (b) Strict proof is required that there is a chain of contracts leading from the landholder to UK Parking Control Ltd.

    (c) A contract was provided as evidence, however this was only for an initial period of 12 months in 2014.

    4. There is no photographic evidence showing the 100 parking charge on the signs, nor any subsequent charges.
    (a) The "photographic evidence" received from the Claimant are blurry, unreadable, and do not show any legible terms and conditions that form a contract the Defendant is alleged to have agreed to.

    (b) The Claimant, UK Parking Control were previously caught tampering with photographic evidence to unfairly impose parking charges and have recently been banned from the DVLA (maybe put this somewhere else, or omit entirely?). It is therefore requested that clear photographic evidence is provided displaying signage in accordance with the BPA Code of Practice Section 18, and the vehicle in contravention of the terms & conditions.

    5. The Protection of Freedoms Act 2012 does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued.

    (a) For each parking charge, the Claimant claims a sum of 160 as the "Amount Claimed", totalling 800. However, each Notice To Keeper received states a parking charge of 100, which leaves 300 in additional costs arising from the parking charges alone.

    (b) In addition, the Claimant is claiming 70 in "Solicitor Costs".

    (c) It is not believed that the Claimant has incurred additional costs, be it legal or debt collector costs. The Claimant is put to strict proof that they have actually incurred and can lawfully add an extra 60 to each parking charge, and that those sums formed part of the contracts in the first instance.

    6. It is denied that a contract was formed when the vehicle was parked on the double yellow lines on [date 4] and [date 5].
    Note sure of relevance

    (a) The double yellow lines at the entrance of Lyndhurst Road were not in the car park where the terms & conditions alluded to, but were present along all of Lyndhurst Road, which was outside of Ascot Business Park.

    (b) Other vehicles were also parked along the same section of road where the Defendant's vehicle was parked, and were not displaying any permits. It is therefore not clear whether the boundaries of Ascot Business Park actually are, and a copy of the official title plan is required as proof that the Claimant can pursue parking charges on this land.

    7. The ticket machine in the car park was not working on [date 3].
    Note sure of relevance

    (a) A pay & display ticket is the only way to park in accordance with the terms & conditions, yet due to a fault in the machine, this was not possible.

    (b) There is video evidence to prove that the ticket machine was not working.

    8. If the driver/s on each occasion were considered to be trespassers if not allowed to park there, then only the landholder can pursue a case under the tort of trespass, not this Claimant, and as the Supreme Court in the Beavis case confirmed, such a matter would be limited to the landowner themselves claiming for a nominal sum.
    Last edited by BreadedScampi; 27-05-2018 at 12:14 PM.
    • BreadedScampi
    • By BreadedScampi 27th May 18, 12:18 PM
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    BreadedScampi
    For No. 5 (recovering sums greater than what was stated on the NTK), I noticed on the opposite side of the NTK, they did mention a 60 charge for "Late Payment". Does this invalidate my point?
    • BreadedScampi
    • By BreadedScampi 28th May 18, 3:51 PM
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    BreadedScampi
    Any comments on this? Sorry to keep bumping.
    • Coupon-mad
    • By Coupon-mad 28th May 18, 9:29 PM
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    Coupon-mad
    For No. 5 (recovering sums greater than what was stated on the NTK), I noticed on the opposite side of the NTK, they did mention a 60 charge for "Late Payment". Does this invalidate my point?
    Originally posted by BreadedScampi
    No. Simple answer!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BreadedScampi
    • By BreadedScampi 10th Jul 18, 4:24 PM
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    BreadedScampi
    I filed the defence on the 28th of May, the defence questionnaire was later filled out and the claim transferred to my local court on the 21st June.

    I assume the defence would have been served shortly after it was received by the court on 29th May (surely within a week?). It's now 10th July and I have not received anything from the solicitors or county court. The county court won't pick up the phone (I've called multiple times over a period of several days).

    How can I check if the claim has been stayed? I feel like the 28 day limit would have been passed by now.
    Last edited by BreadedScampi; 10-07-2018 at 4:35 PM. Reason: clarify dates
    • Coupon-mad
    • By Coupon-mad 10th Jul 18, 7:40 PM
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    Coupon-mad
    What 28 day limit?

    What you describe is as expected for a claim proceeding through the usual route.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BreadedScampi
    • By BreadedScampi 10th Jul 18, 7:52 PM
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    BreadedScampi
    From what I understand, the claimant has to respond to the defence within 28 days of the defence being serviced. I've sent an email to the court asking for an update as they don't seem to have a phone.
    • KeithP
    • By KeithP 11th Jul 18, 12:54 PM
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    KeithP
    Of course they have a phone number.

    Stick your court details in here: courttribunalfinder.service.gov.uk/search/
    .
    • nosferatu1001
    • By nosferatu1001 11th Jul 18, 1:13 PM
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    nosferatu1001
    They have a certain time to acknowledge if they want the claim to contrinue.
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 1:15 AM
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    Coupon-mad
    From what I understand, the claimant has to respond to the defence within 28 days of the defence being serviced.
    No they don't have to send a reply to defence. The stages are in the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BreadedScampi
    • By BreadedScampi 12th Jul 18, 8:05 AM
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    BreadedScampi
    I couldn't find anything in the newbies thread on the 33 (not 28) day limit the claimant has to instruct the court what it wants to do with the claim after a defence has been filed.

    As it stands they still aren't picking up the phone or responding to my email so I'm going to assume it's been stayed
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 2:02 PM
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    Coupon-mad
    I couldn't find anything in the newbies thread on the 33 (not 28) day limit the claimant has to instruct the court what it wants to do with the claim after a defence has been filed.
    That's because it's not a stage where you expect to hear anything yet, and it's such an unimportant issue it's not worth phoning up or worrying about.

    The DQ comes out to you from the court, in a couple of weeks, if the PPC are proceeding.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BreadedScampi
    • By BreadedScampi 12th Jul 18, 2:07 PM
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    BreadedScampi
    The DQ comes out to you from the court, in a couple of weeks, if the PPC are proceeding.
    I have already filled out the DQ and it has already been transferred to my local court. Does this mean that they are proceeding, and that there will be a hearing?
    • nosferatu1001
    • By nosferatu1001 12th Jul 18, 2:08 PM
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    nosferatu1001
    C-M - its already been transferred to the local court

    OP - if the defence has been filed and you have your DQ, the claimant has ALREADY TOLD THE COURT TO PROCEED
    It does that BEFORE a DQ is sent
    So no idea what info youre working off, but you are *wrong*

    DO NOT assume it is stayed. Keep on going, using post 2, and get on with your WS.
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 2:12 PM
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    Coupon-mad
    I have already filled out the DQ and it has already been transferred to my local court. Does this mean that they are proceeding, and that there will be a hearing?
    Originally posted by BreadedScampi
    In that case why are you posting about a previous stage already in the past, where the Claimant didn't have to 'reply to defence'? Confusing! Why are you phoning the court?

    Why wrongly assume the claim is stayed? Highly unlikely, this all sounds normal.

    You will then (when they are ready) hear from your local court with the hearing date and the information on page two, telling all parties the date by which you both have to file WS and evidence, and the date by which the scammer then has to pay the hearing fee.

    Given it's the Summer, and your court is likely to be busy, this might not come till August.

    Nothing to be phoning anyone about - completely normal quiet stage right now which gives you a chance to read lots of WS and evidence by searching for similar cases already won.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 12th Jul 18, 2:12 PM
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    nosferatu1001
    So yes, so far it means they are proceeding. You cannot just assume things when you have a court claim ongoing, thats bloody dangerous.
    • BreadedScampi
    • By BreadedScampi 12th Jul 18, 2:15 PM
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    BreadedScampi
    Thanks for the clarification. I didn't intend to ignore any call to action on my end by my assumption, I was just confused by the process.
    • nosferatu1001
    • By nosferatu1001 12th Jul 18, 2:29 PM
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    nosferatu1001
    Post two lays it out exactly, so you find where you are, and read from there onwards.
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