court claim forms from ukcps

[granoftwo]

Hi

 

Have been reading these forums for the past few months since receiving an "invoice" from ukcps.

 

My car was parked in a small retail park and the driver left the site for 5 minutes to post a letter before entering one of the shops on the site.

 

The invoice was attached to the windscreen over the tax disc and was not immediately obvious on returning to the car.

 

I discovered it the next day, feeling thoroughly confused as to where it could have been obtained!

 

After reading the advice here I ignored all correspondence and I have now received a claim form from a court in a different county.

 

I'm a bit confused about this but would like some advice about the next step to take and how best to prepare my defence.

Edited March 7, 2012 by granoftwo

[BankFodder]

Read the forums about these kind of parking charges.

Read the article in the CAGMag about the case which was mainly lost by Parking Eye

[granoftwo]

Thank you, I have been reading the forums and have now read the CAGMag piece. Was just wondering if there was any specific advice about completing the form as I have not had to do one before and don't want to miss anything obvious.

[BankFodder]

Please would you let us know what the claim says.

 

However, in principle you will say:-

 

The claim is denied.

 

It is denied that there was any contract as alleged.

 

In any event the claimant's charge amounts to an unenforceable penalty as it exceeds any losses suffered by the claimant had there been a contract

 

Simply write that on the form and send it off.

Come back here when you get a reply.

 

It owuld be helpful if you would let us have the detail of their claim just to be sure

[BankFodder]

By the way, if the claim proceeds, it will be transferred to your local court.

[granoftwo]

Hi, the claim is that I (mentioned by name) left the site while the car was parked there. It says that vehicles parked at the site are subject to parking restrictions which are set out on signs at the site and form a contract between the driver of the vehicle and UKCPS. By parking on the land a driver contractually agrees to stay on the site for the duration of time the vehicle is parked or pay a parking charge of #100.

Edited March 7, 2012 by granoftwo

[BankFodder]

Is that really what the sign says? I haven't heard that one quite like that before. Are those the actual wording of the claim?

 

Anyway, although the wording is a bit different, the issue they are trying to rely on is the same. They are saying that you are in breach of contract and must therefore pay a charge of £100

 

Send the defence filled out as I suggested.

If you wanted to you could also write them a letter directly and tell them that although you do not admit the existence of any contract, you would be prepared to pay their actual costs of an alleged breach if they will let you know in detail what they are.

 

They won't reply, of course but if it goes to court you would show that letter to the judge and show that you had tried to enter into reasonable dialogue with them and that they were litigious and had insisted unreasonably on going to court.

 

Had they sent you a letter before action?

[BASFORDLAD2]

Hi, the claim is that I left the site while the car was parked there. It says that vehicles parked at the site are subject to parking restrictions which are set out on signs at the site and form a contract between the driver of the vehicle and UKCPS. By parking on the land a driver contractually agrees to stay on the site for the duration of time the vehicle is parked or pay a parking charge of #100.

 

 

I honestly cannot see a judge giving the time of day

 

I do however think that defence is far to basic and does not address enough points

[granoftwo]

Yes they did send a letter in February saying 10 days til court action. The wording is taken from the claim form. As it is a free car park and there were free spaces around the car while it was parked there I cannot say that I consider they have lost anything by the driver leaving the site to drop a parcel in to the post office before visiting the store on the site. They will have incurred postage costs from sending me letters but other than that I cannot see what costs they have.

Edited March 7, 2012 by granoftwo

[BankFodder]

It addresses the points made by the claim. There is nothing else to address.

 

If the case is brought before the judge, then the judge will have to give it the time of day and he will have to find in favour of one party or the other.

 

If we had more information about the positioning of the signs etc then we might include more but we don't have that info.

If Granoftwo wants to tell us that the signs were too high or too small or not at the entrance of the car park then we can refer to that.

However at the moment we have dealt with the points in the claim and believe me, the less you put in the better.

Arguments about evidence should be made later on - and best left until after you have seen the claimants bundle of evidence.

After all why give your opponent a head start by disclosing your hand when he hasn't disclosed his. Not good practice - at all.

[BankFodder]

I suppose that you didn't respond to their letter before action. That is the advice generally given - but I do wonder whether that is always the best thing. It tempts them to issue a claim and hope for a cave-in or a default judgment.

I wonder if it isn't best to give a very feisty response and make them realise that they will have a fight on their hands. I think that they may be more likely not to bother. Too late to debate that now.

 

For the moment, send the defence as I suggest

[BankFodder]

When you say it is a free car park - what do you mean?

[granoftwo]

there is no charge for using the site

[BankFodder]

OK. I suggest that you send off the defence as suggested.

Let us know when you get a response and we can then help you further.

 

They will have to decide if they want to proceed with the claim once you have defended. If they do then they will have to accept that the claim will be transferred to your local court for a relatively small sum and a high chance of losing.

If the claim is transferred, then we will know that they are intending to go ahead. At that point we can look at the layout of the carpark etc.

It would be a good idea if you took some pictures of the carpark, the entrance, the signs and any marks or signs which distinguish the free areas from the pay areas.

 

Send them the letter asking for details of their actual losses - as I suggested. This will also warn them that you will be difficult to deal with.

[granoftwo]

Thanks for the advice via private message Phil, have done as you suggested, can't message back yet!

[granoftwo]

Thank you for the advice, all helping to reassure me I'm doing the right thing!

[BankFodder]

here is slight amendment to the defence

 

The claim is denied.

 

It is denied that there was any contract as alleged.

 

In any event the claimant's charge amounts to an unenforceable penalty as it exceeds any losses suffered by the claimant had there been a contract

 

Alternatively the term of the alleged contract is unfair under the Unfair Terms in Consumer Contracts Regs 1999 in that it requires me to pay a disproportionately high sum in compensation for failing to fulfil my obligation

[crem]

Thanks for the advice via private message Phil, have done as you suggested, can't message back yet!

 

You should not be seeking, nor using advise given by private messages. The purpose of keeping information on the open forum is so that anything any CAG member suggests is freely available for all to see and add to, or contradict with a number of valid opinions.

[DBC]

You should not be seeking, nor using advise given by private messages. The purpose of keeping information on the open forum is so that anything any CAG member suggests is freely available for all to see and add to, or contradict with a number of valid opinions.

 

 

Except that for some reason this forum will not allow suggestions that they also seek advice from other reputable motoring forums. Hence the PM.

[granoftwo]

as was the case this time. I appreciate ALL the advice I have been given and am very glad such forums exist. Surely the more options and advice given the better especially in specific cases?

[DBC]

as was the case this time. I appreciate ALL the advice I have been given and am very glad such forums exist. Surely the more options and advice given the better especially in specific cases?

 

Especially as UKCPS seem to be issuing multiple courts papers in the last few days, and a coordinated "campaign" against this company would be all to the better. You must also be aware that UKCPS monitor these forums and sometimes a PM is the only way to prevent the company from gaining too much information.

[crem]

True that is sometimes the case. But what concerned me on this occurrence was that Phil appeared to be disagreeing with advise given by BankFodder, then immediately went to PM with his further advise, thus (perhaps) avoiding further healthy discussion with BankFodder or other CAGgers regarding the best way forward.

[pcr1]

How do they know you were driving the car and are thus party to the contract?

[granoftwo]

I have not suggested that I was driving the car.

[dx100uk]

Except that for some reason this forum will not allow suggestions that they also seek advice from other reputable motoring forums. Hence the PM.

 

Re: Do I have to pay this parking ticket?

phil you are a long standing and respected poster.

 

there are very important but confidential reasons why admin

discourage referal elsewhere

and as siteteam we will ensure the outcome is met.

 

please respect that wish and refrain from pm'ing the info or

refering posters to the othersites with regard to these spculative invoice/threats or actual court cases.

 

you are hereby politely asked not to continue doing so for the foreseeable future.

 

dx

siteteam