UKCPS county court claim received - Help with best avenues of defence?

[topper_t]

Hello,

 

Just before christmas 2013 I got a parking charge notice put on my windscreen

after parking in an allocated parking space for a small industrial unit that was unoccupied (To Let signs up, chained up doors).

 

 

The site was approximately 15 small adjoined units built around a car park with about 50 spaces, each unit having a number of allocated spots.

I believed that as the unit was not in use, nobody would even notice, let alone care if I parked there for 10 minutes.

The space was not directly outside the unit and I was not blocking any access.

The car park was only about half full and I saw no UKCPS signs whatsoever when I parked.

 

After returning to my car and realising that where I had parked was the domain of a private parking company

I had a look for some signs and found one approximately 8 ft (maybe higher) up on a wall of an industrial unit opposite,

facing the entrance to the car park (not visible from where I had parked, and not readable or even particularly noticeable to drivers when entering the car park).

 

 

A few years back a friend of mine had been issued one of these tickets, ignored it and never heard anything again, so at the time I just drove off, not unduly worried.

 

It turns out the car park for the industrial units was owned by Co-op,

although separated from the actual nearby co-op car park by a canal and a fence (no signs to show that the co-op also owned that land at all)

 

I ignored the letters they sent (I realise now this was out of date advice), and after 3 or 4 I heard nothing more for many months until

 

 

a County Court Claim Form arrived this morning for £175.

 

Unfortunately, I did not take any photos at the time as I was not think that UKCPS would actually chase me.

 

 

The site has now been bulldozed to make way for a new road.

Given that my main defence seems to be inadequate signs and I have no photographic evidence of that,

are there any other good avenues of defence I should use in addition?

 

Thanks in advance,

t

[dx100uk]

sorry..they've issue a court claim for a speculative invoice

issued xmas 2013 for a car park that now no longer exists?

 

 

dx

[topper_t]

Hi dx,

that is correct.

[Bazooka Boo]

Desperate springs to mind!

 

Have you acknowledged the claim?

And defend in full.

[topper_t]

Yes, I hope to defend in full. The problem I have is that I have no legal knowledge and I am concerned I might miss a significant point that might otherwise go in my favour.

[Bazooka Boo]

I'm not legal savvy either, but the simple fact that this speculative invoice does not represent any Genuine Pre Estimate Of Loss (GPEOL)

then they are stuffed.

 

You ONLY problem is that you followed the old advice of ignore, when the new advice is to hit them head on and leave them dead in the water.

[topper_t]

I see, thanks, the GPEOL could be a helpful point then. I will do some research into that and hopefully include it in my defence.

[renegadeimp]

If you need any help, poke around the site as there are LOTS of very good threads. Suffice to say you will win this, and UKCPS are the laughing stock of parking companies. They never get anything right. At all.

[topper_t]

Let's hope so! I will have a good look at some other threads and hopefully come up with an effective defence. I will also suggest a stay pending a POPLA case, despite me officially missing the time frame for this

[SabreSheep]

Name of the Claimant ?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

What is the value of the claim?

 

Be mindful of deadlines.

Calculate now when you must acknowledge the claim by

And when you must lodge your defence by.

[topper_t]

The particulars of the claim are:

 

Claim against [name] for outstanding parking charge issued to vehicle [reg no] on land named [car park name].

 

 

This land is managed by UKCPS Ltd and 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 Ltd. [name]

or a driver parked the vehicle on [date] @ [time] without a valid permit or authority.

Or the keeper who may have been the driver or alternatively has chosen not to name the driver

and is therefore responsible for payment as required under Schedule 4 of the Protection of Freedom Act 2012.

 

 

By parking on this land a driver contractually agrees to pay a charge of 100.

The amount remains unpaid and stands at 100 plus an additional 50 incurred in collection fees

whereby the remaining 50 becomes a commercially justifiable figure.

 

Claimant - P Haswell

[Bazooka Boo]

The proverbial into the wind, and they know it!

[honeybee13]

Thank you for the information, this will help the guys to advise you.

 

What is the date at the top right of the form please?

 

HB

[topper_t]

Thanks, the date is 21 May 2015

[topper_t]

OK, I have emailed the CO-OP explaining the situation and requesting that they instruct UKCPS to drop the claim. I have also requested they supply me with the original contract for the car park in question and any site plans they have, specifically showing which space is allocated to which industrial unit and where the UKCPS signs were posted, if they have that info. When I have that reply I will contact UKCPS with a Part 18 request for the evidence they hold that they intend to use in court.

[ericsbrother]

I would be taking pictures of the site as it is now and ask them where the signs are that indicate where they control the parking on that land.

The defence should include inadequate signage to form a contract, no contract between landlord and UKPCS that allows them to make claim and take legal action in their own name. Dont forget, it is for them to prove that their claim is valid and as you have enough evidence to cast this into doubt their work will be very hard. Even if they turn up with a load of photos of the site they wont be able to convince anyone of when they were taken with any accuracy as to position , size etc.

[topper_t]

Thanks, I will head down tomorrow but it is just a building site now. If there is anything of the original layout left I will take some pics.

[ericsbrother]

that is the entire point, they cant show that there are/were adequate signs to form a contract. You can argue almost any point and the proof of claim is for them to make, not for you to prove otherwise.

I bet that they had a contract with someone at some point but this had expired due to the change of ownership/occupier and thus it will be impossible for them to make any claim stick.

You should also enquire with the council about planning permission granted to them for the signage. No planning permission- no contract as it is "unconscionable" to form a contract that involves illegal activity. Again, put it in your defence and make them prove that PP exists- I bet they cant.

I will post up a list of suitable points in the near future for you to consider.

[topper_t]

That would be brilliant, thanks!