UKPC and SCS - County Court claim form

AS2 · 26 September 2018 at 10:23PM

Hi All,

Another UKPC situation. So my wife used to work in a hospital few years back, she is a doctor, of course working odd shifts and attending emergencies. She used to park at places where she shouldn't and hence received parking tickets from UKPC. She ignored them and never responded to them at all. And now they've taken it to the small claims court.

I have read the NEWBIES section. I'm going to AoS now. I will also complain to PALS at that hospital to see if they can somehow get them to cancel this claim.

As a new user Im not allowed to post links, so here are dead links which you can see on tinypic.

[IMG]hxxp://i66.tinypic.com/slqz37.jpg[/IMG]
[IMG]hxxp://i64.tinypic.com/f08d91.jpg[/IMG]
[IMG]hxxp://i68.tinypic.com/2b718o.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/6zn86c.jpg[/IMG]
[IMG]hxxp://i67.tinypic.com/vqiiya.jpg[/IMG]
[IMG]hxxp://i66.tinypic.com/9h7wi1.jpg[/IMG]

If someone could advice anything else I should do at this stage and/or the best defence for this situation.

Thank you

Redx · 26 September 2018 at 10:33PM

put a dead link (url) in your posts, by changing http to hxxp

you can host the pics on tinypic

I am not sure that PALS will help as its for patients , so ideally she should complain to the trust HR department and try to get it cancelled, or a witness statement stating that they do not give permission for a court case against an employee

get those NHS principles read first, as any complaint should be based on that document, plus any parking contract she has with the trust (like a payment plan etc)

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

a DEFENCE is based on legal arguments

so what needs to be done is you or her draft a defence and post it below for critique, that is how it works

read recent 2018 defences by bargepole and loc123 and coupon_mad , especially the ones edited in red

what is the DATE OF ISSUE on the claim form ?

AS2 · 26 September 2018 at 10:50PM

thanks Redx
Ive edit my original post with dead links.
I will try contacting HR to cancel the claim or at least give a witness statement as you've specified.

The date of issue on the claim form is 21st September 2018.

Redx · 26 September 2018 at 10:54PM

mmm , I see they have managed to inflate it to a figure of £650 that allows them to escalate it to the high court for a writ if they are successful and it were to remain unpaid

http://tinypic.com/view.php?pic=slqz37&s=9#.W6v_ifZRdPY

http://tinypic.com/view.php?pic=f08d91&s=9#.W6wAZvZRdPY

http://tinypic.com/view.php?pic=2b718o&s=9#.W6wApPZRdPY

http://tinypic.com/view.php?pic=6zn86c&s=9#.W6wA6fZRdPY

http://tinypic.com/view.php?pic=vqiiya&s=9#.W6wBG_ZRdPY

http://tinypic.com/view.php?pic=9h7wi1&s=9#.W6wBSvZRdPY

and they have also not sent the POC with it but say the POC will follow within 14 days

they rate each charge of 4 at £130 even though the maximum charge in the BPA CoP is £100 and always has been for 6 years !!!!!

I would get er indoors (or you on her behalf, writing as her) to send UKPC a SAR under the GDPR and get all evidence, pictures , docs and anything else they have on her and the vehicle

KeithP · 26 September 2018 at 10:55PM

With a Claim Issue Date of 21st September, and having done the AoS in a timely manner, you have until 4pm on Wednesday 24th October 2018 to file your Defence.

That's four weeks away. Plenty of time to hone any Defence to perfection but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

AS2 · 26 September 2018 at 11:10PM

Thanks KeithP - I will follow those steps.

Redx - the have sent POC via SCS law, thats attached in the links. The POC came a day after the Claim form arrived.

Also, my wife does not own the vehicle anymore. So we have no V5 documents if it was required for the SAR.

So what I will do now is contact HR tomorrow, and also send UKPC a SAR under the GDPR.

Redx · 26 September 2018 at 11:18PM

as it is historical there should be no need for the V5C docs, they have the defendants address and VRM on file , so do the SAR. if they ask for proof or identity do not give them any other personal details , they would be stalling because the person they are taking to court is the same person and address as they issued the MCOL and POC to

they have artifially inflated each pcn to £130 from whatever the signs said, so ask for pics of the signage as well as the actual pcn,s (NTK,s) and also any pics of the contraventions like anpr or handheld camera pics , plus a breakdown of the costs listed on the POC etc (to find out why each charge is £130 and not £100 or less) - ie:- they have added unrecoverable costs onto each charge

not owning the vehicle now is irrelevant, she was registered to that VRM with the DVLA at the time

in future, she needs to read the NEWBIES FAQ sticky thread here, and appeal NOT IGNORE

and she should also be complaining to the trust and quoting the guidelines issued by Jeremy Hunt 3 years ago, not ignoring them

so plan ahead from now on , no firefighting after the blaze is out of control

tell her its like having a polio dose to stop the disease from starting ( a doctor should know that prevention is better than cure

)

Coupon-mad · 26 September 2018 at 11:28PM

I'd say for one thing, this is badly pleaded, given the Beavis case.

#6 in their POC talks about 'the Claimant has suffered loss or damages' and 'PARTICULARS OF LOSS'

but a parking charge issued by a non-landholder cannot represent damages or loss, and the authority for this is the Beavis case where ParkingEye's case would have failed if they had pleaded it in damages/loss, and the Supreme Court held:

''In the case of a straightforward damages clause, that interest will rarely extend beyond compensation for the breach, and we therefore expect that Lord Dunedin's four tests would usually be perfectly adequate to determine its validity.''

and at 285:

''the charge was not and did not purport to be a claim for damages for any loss that ParkingEye would suffer as a result of a motorist exceeding the two-hour maximum parking time. ParkingEye suffered no loss.''

System · 27 September 2018 at 5:26AM

So my wife used to work in a hospital few years back, she is a doctor, of course working odd shifts and attending emergencies. She used to park at places where she shouldn't and hence received parking tickets from UKPC.

Have you tried to get the Hospital to cancel. Have you sent a Freedom of Information request to the Trust for details of the UKPC contract there. Have you sent a SAR to both UKPC and the Trust for any personal information they have? The latter may just throw up something interesting as, in some of their contracts, they are supposed to refer the issue to the Trust before they take legal action

Coupon-mad · 27 September 2018 at 9:29AM

Do as IamEmanresu suggests (or your wife should). You need the info.

AS2 · 27 September 2018 at 9:31AM

hey guys thank you for the pointers and advice. I'm getting all this done today and will update you all.

Many thanks again

UKPC and SCS - County Court claim form

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