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djb215

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  1. The email spamming has even made it to BBC News this afternoon as well. Think CPS will get into some serious hot water over this. http://www.bbc.co.uk/news/uk-northern-ireland-38894693
  2. My heart is feeling faint so I may pass on that opportunity eric but thanks for pointing it out! I am sat here laughing though because I've received a spam email from CPS Enforcement which said I had a PCN. Suspected something fishy because of the poor spelling in the email so I Googled the site which said "appologies" for the spam emails sent out and to ignore them. It has brightened my day and after reading other posts on this forum sometimes it beggars belief how some of these companies even function if they karnt evan spel propa!!
  3. Just logged onto MCOL and it confirmed that the Notice of Discontinuance had been received at the court (the same day my N180 arrived). All good - just put a donation in the CAG pot to thank you for the support and advice I've received.
  4. I've got a copy of the Notice of Discontinuance they have sent to the court along with a cover letter which was dated yesterday (and I spent £10 on postage sending letters off today, wish I had checked my letters before I went to the Post Office!!), will wait for the letter to come from the court.
  5. Hi folks just thought I'd post an update regarding this, apologies for being so long away. The case has now been discontinued by UKPC I had got as far as receiving and returning the N180 and receiving their copy of the N180. I have since found out there have been a LOT of others at Crown Point who have been having the same issues and they took on the site management en masse via email who "as a gesture of goodwill" are cancelling all the outstanding parking charges (this is the same guy I spoke to on the phone a couple of months back). Apologies for the anti-climax on this one! Half of me was quite looking forward to going to court but the realistic half of me is glad that it is over. I would like to thank everyone for their support on this one, particularly ericsbrother and dx who have been very specific with advice. I will be making a donation to the site to help keep the good work rolling
  6. Unfortunately the Excel parking sign was my mistake - when I looked on Google Street view I realised that one of the entrances to the retail park (the rear entrance) the image on Street View was dated August 2008 but the main entrance was dated July 2015. When I went back to photograph the signs in December there was no Excel parking signs at all (so that one's my bad, apologies!) I'm working on photographing the contract and uploading, it's a fair few pages but should hopefully be up tomorrow.
  7. Hello everyone hope you had a great Christmas and New Year. Just to update you with the progress of this case so far, I submitted my skeleton argument on MCOL and received a letter from HM Courts & Tribunals acknowledging my defence submission. On NYE I received 2 letters in the post from SCS Law. The first one was a copy of their contract between the owners of the retail park (I've not yet read it in great detail but the signature sheet on the 2nd page shows a contract signed by the representative of the land owner company which matches what is on the title deed) and UKPC. The second letter was a letter claiming they were confident of being successful in court, citing the Beavis case, and have offered to settle the matter without prejudice for £465 (half the value of their claim) - to be accepted by Fri 13th Jan or the offer will be withdrawn. Any thoughts/advice would be much appreciated! Cheers
  8. Great stuff, thanks so much for your advice ericsbrother I will submit the plain English defence on MCOL now, didn't realise it could be plain English if that makes sense! Thought it had to be written in a more formal/structured manner.
  9. Hi guys, here is the bullet point defence I am suggesting to submit on MCOL. Any input would be greatly appreciated. It is admitted that the Defendant parked in Crown Point Retail Park, Leeds (“the site”) at the times mentioned in the Particulars of Claim, as a full time employee of [retailer] Ltd, a retail tenant of the site. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 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 signage on entry to the carpark makes no reference or gives any authority to the Claimant to form a contract. Alternatively, even if there was a contract, the provision requiring payment of £160 is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years; and (d) the clause is specifically expressed to be a penalty on the Claimant's signs. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  10. Hi dx100uk Apologies, I thought I had to blank out the site name as per the identifiable info at the start of the thread. Pictures attached - your thoughts would be welcome! I have also sent off for the land owner information through the Land Registry. When I spoke to the managing agent for the site they claimed that they don't employ UKPC themselves. Signage.pdf
  11. Hello guys, Again thank you for your continued advice and support. Things are still not great at home and the thought of having to deal with UKPC is making me boil but I am still determined to fight this. I'm drafting up my skeleton argument which I will be able to post up in a day or two for you to check if that's ok? In the meantime I have attached pictures of the signage at the site. I've attached a picture of the UKPC sign, there are numerous copies of this sign placed around the car park on lamp posts and walls, but at the main entrance of the site there is only a generic 3 hour limit sign with no mention whatsoever of UKPC and its proximity to the entrance - it's only when you enter the car park that you see the UKPC signage - hoping this will work well in my defence as the signage I presume only offers a contract/mention to shoppers and no mention of staff or a staff parking area? ericsbrother - the management company - you were correct, as useful as a chocolate fireguard. Cheers! #stayingstrong
  12. Good morning everyone, Firstly, apologies for being absent from this thread, needless to say I've had a very horrible two weeks since I started this help thread with a very sudden family bereavement and funeral which knocked me for six, to the point where I thought sod it I'm just going to pay to get them off my back but I've been re-reading other peoples' stories and cases and despite still not being 100% I am determined to fight this! I've been catching up with Rebecca91's case on here too as we are fighting a similar battle. The CPR request is going in the post tomorrow using the same wording with great help from ericsbrother. I have also tried to contact the site management company both locally and their national office with no response as of yet. The initial signage on entry to the car park has no mention of UKPC whatsoever, it is only when you enter the car park that their notices are sporadically placed on lamp posts and they have attached one on the wall next to the entrance of each retailer. My concern is this; looking at all the other cases that I have seen, the statements mention that the defendant admits to being the registered keeper of the vehicle, not the driver, (which I was the registered keeper at the time, I am no longer), if my defence bullet points use this entry, does this mean I will not be able to challenge that I was parking as an employee of a retailer on the site? ericsbrother to follow up on your previous questions. I've searched and (stupidly) I no longer possess any of the original PCNs or NTKs because I followed the advice of "ignore all" and assumed that it had gone away! I was never officially informed of the staff parking area by the site management company. Interestingly, I spoke to one of my former colleagues and I mentioned about what was going on regarding UKPC court action, and she said she was told by one of the parking attendants that it was ok to park there as it "he knows" which are staff cars. The PCNs that UKPC are pursuing me for are x1 July 2015 and x4 November 2015 - I started there before July '15 and worked until October '16 but have only sporadically received PCNs, I didn't receive one every day that I worked or that an attendant was on duty (if that makes sense!). Thanks all! #stayingstrong
  13. Re the signs - I'm going to drive back there today/tomorrow to get some pictures to double check. There's 2 entrances to the retail park, the main one and a rear/barrier controlled one which I used. A quick look on Google street (image dated May 2016) the main entrance doesn't have any visible UKPC signage but has some generic signposts about 3 hour limit. The best part is the rear entrance that I used didn't have the UKPC signage but had signage from the previous 'management company' Excel parking...
  14. Letter before action/Claim form attached (minus identifying info) UKPC.pdf
  15. Hi guys thanks for responding so quickly! In order for us to help you we require the following information:- Name of the Claimant ? UK PARKING CONTROL LTD Date of issue – 17 NOV 2016 Date to acknowledge) = 5.12.16 Date to submit defence = 19.12.16 (33 days in total) - What is the claim for – 1. 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 separate detailed particulars within 14 days after service of the claim form. What is the value of the claim? £930. £800 amount claimed, £60 court fee, £70 legal representative's costs. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ? UKPC Were you aware the account had been assigned – did you receive a Notice of Assignment? Nothing received Hi silverforx1961 in answer to your questions: Proof of working on site should be possible, car not on a whitelist - there is a separate 'staff parking area' at the other end of the retail park (10 mins walk) but is not always accessible because it is gate controlled and would often be broken and only had limited spaces and was full regularly. I was one of the bosses at the store and other colleagues in the past had gone to the security office on the retail park and they point blank refused to help. Working on getting the signage. Not been in touch with the land owner/site management company yet. Thanks!
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