The car doesn't exist anymore so I wasn't worried about the reg being on show. Edited.

The signs around that area have changed , it's a new company 'enforcing' now.

I've marked on picture 3 where I was parked.

I submitted my DQ on 05/06/18 but haven't heard anything since. Is this normal?

ticketphotos(1).pdf

are we talikng about the road behind Thomas Cook, William Hill and a couple of charity shops or the big car park next to that?

 

the road has signs from a company called spring parking that say no parking at any time.

 

that is not an offer of terms, it is a prohibition and so not a contract or offer of a contract.

 

any sum claimed is therefore an unlawful penalty and as such the UKPC will have obtained your keeper details unlawfully and you can sue them for that.

 

once we have the full details you might want to consider letting them know this and that their claim is unreasonable conduct and will result in a full costs recover order being sought as well as a summary dismissal of their claim.

 

we will see about that once we know exactly where your car was parked and what the signs say.

 

take a look on Google streetview and capture the images of these other Co's signs as you can use them against UKPC anyway.

It's Smithy Lane, which is very close to there, it's the other side of the carpark. I have attached the pictures taken the day after the penalty notice. I have also included the penalty notice with the incorrect details.

I was parked where there are no yellow lines in picture 3

ticketphotos.pdf

Will. Upload them this evening as they're on my laptop at home

points 4, 5 and 6 are totally irrelevant to your defence, they are outside the time and remit of the court, the court will address matters of contract law surrounding the claim and not take into consideration how they got their information. For all you knwo they may claim to have followed you home and it still wouldnt inpact on their claim or your defence. Best drop these points or your defence may well be looked over with a fine comb and UKPC get the benefit of the doubt rather than you

I went with post 19 as my defence, your short as sweet one

good now they have 28 days to do 'something'

get those pix done

I still have these from the original appeal

were these supposedly windscreen tickets as they dont mention ANPR at all

They were windscreen yes

Bankfodder, just finishing typing now. How would you word it please?

Defence submitted as per #19

Thank you all for your help.

I will leave out paragraph 10.

I'll keep and eye out for anymore responses and get it ready to send for 3pm.

Thank you again Bankfodder, it's very much appreciated.

I have added the last point as the signage was poor and only visible half way down the road. The spot I was parked in also had no yellow lines, most of the entry road does if that makes a difference?

1. The claim is denied
   
2. The claimant gives no details of any alleged agreement and in any event it is not evident that the claimant has sufficient interest in the land to bring a claim. The claimant is put to proof on this issue.
   
3. The defendant does not admit that they were parked as alleged by the claimant and the claimant has provided no evidence that this occurred.
   
4. It is a fact that the claimant company has been investigated on at least three previous occasions for its involvement in the falsification of evidence in relation to penalty charge notices and was even banned from access to the DVLA driver database in 2016.
   
5. A further investigation by the DVLA this year, 2018, and which is continuing has resulted in a further ban by the DVLA from access to their driver database by the claimants.
   
6. This DVLA ban is ongoing.
   
7. Paragraph 3 is denied. The defendant has not received the notices alleged by the claimant save for one, which referred to a "contravention" allegedly committed on the 30/05/2015. In respect of this "contravention" the claimants Penalty Charge Notice identified a vehicle of a different make and model to that owned by the claimant.
   
8. The claimant alleges that the defendant committed certain "contraventions" and has suffered loss and damage as a result. It is denied that the defendant committed "contraventions" and in any event, if the court finds that contraventions were committed, then it is denied that the claimant has suffered any loss or damage as alleged or that the sum sought by the claimant reflects those actual losses or the value of that actual damage.
   
9. The defendants position is that the sums claimed in respect of the alleged contraventions amount to penalties and would in any event be unenforceable unless they reflected the actual losses and or damage caused by the defendant to the claimant..
   
10. If there was a contract, it is denied that the penalty charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because as the signage was poor and not visible from where the defendant parked or from the point of entry.
    

Should I leave that last point in?

Thank you

Thank you

They have indeed been banned again.

I think there are some more substantial arguments than this.

I keep an eye for when dx replies

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.

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.

Ok, I'll have something in before 4pm. Hopefully dx will be along soon to advise.

Thank you all for helping, very much appreciated

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?

Notices to keeper were received, I don't remember if it was for all so i would assume I did for all. But they were ignored

Yep, I've never admitted for those others.

The appeal was for 2 reasons, 1, they got the make of my car wrong. 2, no clear signage

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.

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

..claimform+additional POC

[properly redacted - dx]

claimform+additional POC.pdf

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

Oooo this could be interesting. I have seen and heard of it happening however, its very rare and usually comes about if the loan was deemed unaffordable and it defaulted.

But only if the FOS deem it unaffordable.

 

When complaining to Myjar - Make sure that you tell them in your expectations that you want the default removed.

Wonga have come back and offered more in fees and interest than advised by the adjudicator. This happened on 28/11/16. I accepted the same day and the money arrived in my bank today

Going to start the MyJar process his weekend.

Should I mention Wonga to MyJar?

The MyJar that has defaulted was at the same time as the Wonga loans the FOS has deemed unaffordable.

Wonga had already written off an outstanding defaulted loan as 'unaffordable' a year or so ago. They agreed last month that another had been unaffordable but I wanted them all removed from my file which for me was more important than the money as my file is almost clean, it would've been spotless next year had MyJar not just added a default.

I've tried so hard to clean it up, it felt like a kick in the teeth.

I'm kind of enjoying the battle though.

I only had the adjudicators decision on Wednesday and she's given them 7 days to respond. She found that 9 of my 16 loans were unaffordable. works out about £350 ish back. I was using both MyJar and Wonga at the same time.

With MyJar I'm more concerned with getting the Default removed.

The only thing that was there was my name

I've just had the FOS side with me and request the interest back on a shed load of Wonga loans for irresponsible lending. Will this process be the same?