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I am running late on this one, I have to have my defence in by Wednesday.

 

Name of the Claimant UK Parking Control Ltd

claimants Solicitors: SCS Law

 

Date of issue – 06/04/18

 

What is the claim for – the reason they have issued the claim?

The claimant claims from the defendant the sum of £800 in respect of unpaid parking notices issued as a result of the defendant's breach of terms and conditions of parking at a site managed by the claimant.

I will provide the defendant with seperate details particulars within 14 days after service of the claim form.

What is the value of the claim? £800

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? UK Parking Control Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

There are 5 seperate notices that were issued.

I knew nothing of the first 4, the 5th I did and I appealed as they got the make of my car wrong and the signage was poor.

I heard nothing back and forgot about it.

 

 

A few months later i received a letter from a DCA and i explaiined the situation, they said I missed my appeal time and I had to pay.

I then ignored them.

 

I wasn't the only one that used my car, others had access to it.

 

I've attached pictures of the letters below.

Apologies, no matter what I tried I couldn't get picture 4 the right way round.

 

What do you suggest defence wise please?

 

Thank you

Edited by dx100uk
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can you pop all your uploads into ONE multipage pdf

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I expect that site team member: DX will be along soon. However, in the meantime, I see that you say that the car had several other drivers – but on the POC it says that you admitted being the driver.

 

Also, have you acknowledged this claim? Also it seems to me that the time for defence might have expired

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Hi Bankfodder. I appealed just the one notice, I've had no discussion with then on any of the others.

 

My calculations puts day 33 as tomorrow. Have I calculated wrong?

 

Claim was acknowledged in time also

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I don't know whether you calculated incorrectly – but if it is 33 days then I'm pretty surprised that they haven't put in for a judgement – and they may well have done. What has been happening in the past 28 days that you have left it till now to come to us?

 

I don't really understand when you say – that you only appealed one. In the particulars of claim is says that you admitted being the driver on all of the contraventions. It would be helpful if you would give us a bit more detailed advice without having to cross examine you please. You really don't have much time if you're going to do anything about this – assuming that something can be done.

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I go away with work often, I didn't pick up the letter from the court until 23/04. I then acknowledged the claim with gave me until 09/05. My then few days away turned into a week.

 

I've only even had correspondence with ukpc about 1 of the penalty notices, this one I appealed. I'm guessing by me appealing it admits to being the driver on that one occasion.

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So I take it that it is not true that you admitted being the driver in all cases.

What was the basis of the appeal that you made?

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And did you get any Notices to Keeper? What correspondence have you got from them?

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Defence is due today 8th May....33 days from and including the 6th April.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I'm not massively up on the situation with private parking at the moment and I'm hoping that DX will be along soon who I think is much more current with this kind of thing. I have one or two ideas but I'd like to discuss it with DX first. Certainly you need to get a defence in before 4 o'clock this afternoon

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Ok, hadn't realised it included the 6th.

 

Will I need to provide photos at this point of poor signage and the error on the penalty notice?

 

No that comes later in the process when you submit your witness statement and evidence.

 

Just an initial defence today

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Well make sure that you engage closely with the thread. If DX doesn't come along today then we'll work something out together. It certainly sounds to me as if there are grounds for defending. You wouldn't have much to lose except you could be required to pay the reasonable costs of travel.

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Will do, thank you.

 

I'm viewing it at the moment that I'll have to pay and if I don't it's a bonus. Rarely do I let others used my car now, not having this happen again.

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they havent provided details of the claim so where exactly did you acquire all of these tickets? if it was outrside your house then saying you werent the driver wont cut the mustard BUT the chances are that they dont have any rights ot enforce anyway.

 

You dont need reams of detail in your defence at the moment so just a couple of lines that go like

 

1. the defendant does not believe that the claimant has the authority by way of a contract with the landowner to enter into contracts and make civil claims in their own name.

 

2 in any case the sigange at the site is insufficient to offer terms for the defendant to consider and accept as a contract and to be bound by their terms.

 

3 The defendant denies being the driver on 4 out of 5 of the events in question and as there is no keeper liability created by the POFA 2012 and the claimant is stating they are pursuing the driver then it is put to strict proof as to who was driving at the time for each and all of the events.

 

You then have to pull your finger out and find the evidence that sits with this now,

so all of the paperwork and the dates it arrived at your home,

detail of the wheres and when,

pictures of the sigange and the entrance to the land and if it is a residential development we will need to knwo what the terms of the leases/tenancies are regarding parking and this is NOT what ther managing agents say but waht is down in the head lease

 

FAX this to court or use moneyclaim online and also fax

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It's a road in the town centre behind a few shops. Cars are always parked there as the signs aren't visable unless you go quite a way down it. I found this out after I received the penalty notice. I took photos then too.

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I think there are some more substantial arguments than this.

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I'm in the middle of drafting something for you now – but is it my imagination or was this company recently banned once again from accessing the DVLA database?

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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