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Michael1990

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About Michael1990

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  1. Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either. I already sent in the defence on Tuesday as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence. When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are. Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
  2. @ericsbrother It's just what i received not long ago from a legal motor protection company which offered to help me draft a defence as I am struggling to make a good one myself.
  3. @ericsbrother As well, I went to get some help with my defence from some legal help. They replied to all the information i sent them and this was there reply via email Having given the matter some thought, my view is that the actual court proceedings wording needs to be challenged as they have done a typically lousy and generic job of wording the particulars of claim. This approach has worked when I have attempted it in the past, with the court striking out the claim. I attach the draft defence document for you to peruse and if you are happy with the contents,sign and date the statement of truth and file 2 copies with the court and send a hard copy to the Defendant's solicitors. You do not of course have to proceed with this Defence and you can of course seek to challenge each individual ticket. The only real challenge that exists is whether the court considers you have properly displayed the permit or not on each occasion. The images you have sent would suggest a PCN was attached to the windscreen on each occasion. Do you dispute that happened? If you file the Defence attached, within the covering letter to the court I would suggest you also insert the following wording "In light of the contents of the Defence, I request that the Defence is put before a proper officer of the court or Judge to consider the striking out of the Claim at this stage, prior to issuing directions questionnaires to the parties" If you disagree with the contents of the Defence or the approach that comes from it, then you still have until 24th May to get an alternative Defence filed. They also sent a defence so please have a look and if I could get your opinions on it, that would be amazing. It is as follows; In The County Court Business Centre Claim No: XXXX UK Parking Control Ltd Claimant -V- XXXX Defendant __________________________________________________________ DEFENCE & REQUEST FOR CLAIM TO BE STRUCK OUT __________________________________________________________ 1- The Defendant does not admit the pleaded claim as he is unable to determine from the pleadings what the Claim is actually for and what it comprises of as it has not been adequately pleaded, nor can the Court. 2- The particulars of claim fail to comply with CPR r. 16.4 (1) (a) in that they do not contain a concise statement of the facts on which the Claimant intends intend to rely or any breakdown of the sum that has been claimed, how this is arrived at, so the Defendant cannot plead a full Defence to the action or assist the court with determining the issues. 3- They also fail to comply with Practice Direction 16 paragraph 7.5 where they fail to set out details of the agreement they assert was breached. 4- The Claimant is represented by a firm of solicitors. One would presume they are fully conversant of the Civil Procedure Rules and might be expected to submit a fully compliant set of Particulars. 5- The Particulars give the impression of being a template intended to deal with a variety of situations that therefore fail to address individual circumstances so the Defendant is unable to plead further at this stage, other than to deny the alleged claim. 6- In light of the above circumstances, the Defendant requests the Claim be struck out forthwith. 7- In the alternative event the Claim is not struck out by the court pre-allocation and the Claimant files a CPR-compliant amended particulars of claim, after seeking permission from the Court and, being granted permission to do so, the Defendant shall file an amended Defence within 14 days of service of such notice requiring him to do so. Statement of Truth I believe the contents of this statement to be true to the best of my knowledge and belief. Signed ………………………………………. – Date ………………………………………...
  4. @ericsbrother i Apologise, but I have just been re organising what i just sent earlier so the points that you pointed out are different now. If you would mind having another look please. Claim from: County Court Business Centre Claim No. XXXX Judgment Date: 02/01/2019 Claimant: UK Parking Control Ltd Defendant: XXXX Defence Below are the key points which constitute my defence regarding the alleged breaches of contract. 1. Supremacy of Contract - at the time of the claimant issuing the tickets, I was a tenant on the property (as seen in evidence referenced page 3) which provides me with supremacy of contract. The tenancy agreement has precedence over the contractual agreement that UKPC issued the charge under. 2. Signage. The signage at the entrance and inside the car park reads “no unauthorized parking” and “Permit holders only”. As I was a tenant at the address and was provided with a permit and a fob to open the shutter to gain access to the car park, I was clearly authorized to park at the address and I was a permit holder, which can be seen in the evidence provided. 3. Contract. I deny that I ever entered any contract with UKPC. A contract is an agreement between 2 or more parties where terms and conditions are discussed and agreed upon and signed into, which I deny ever doing. Furthermore I was in a contract with my landlord held by my tenancy agreement allowing me to park at the address in the allotted bay. 4. The practice direction on pre-action conduct was not followed. I was not provided with any documentation regarding the alleged breaches, despite requesting it (as seen in evidence referenced page 1). 5. UKPC had previously sent Notices to Keeper to the vehicles keepers address but had not attempted any contact at that same address regarding the claim. 6. Two of the parking tickets (pcn ref. 1 and pcn ref. 2), which form part of the claim, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6). Therefore there is no basis for the claim for these points so they have made a false statement in their original application and I would like their statement disregarded as evidence as it’s clearly not a statement of truth. 7. No Notice to Driver was ever placed on the windscreen of the vehicle with the exception of 10/01/2015 where I appealed the charge. Therefore under POFA 2012 schedule 4, the time by which the Notices to Keeper should have been received was overdue. 8. No notice to keeper was ever received for the charge referenced, 6 on 05/01/2015 which is a violation of POFA 2012 schedule 4. 9. Lack of Evidence. There was no evidence provided to myself showing the alleged breach with the number plate of my vehicle in view and any signage in view. T here are only the images of the back of the vehicle showing the bay number and the vehicle registration printed on the notices to keeper. 10. I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence. 11. My appeal was upheld for the first two charges and these were cancelled by email as can be seen in the supporting evidence, yet they were included in the claim. 12. I wrote a letter to UKPC on 25/02/2015 informing them that I received 7 charges yet I received no notice to driver on the vehicle and that I spoke with an employee on 06/02/2015 who advised me that I request they be revoked which UKPC refused to comply with. 13. I wrote a final letter of correspondence to UKPC on 31/03/2015 requesting that before the matter escalates any further, I would like UKPC to send me any and all relevant evidence regarding the alleged breaches of and if I did not hear from them within 14 days ( by 14/04/2015) I would consider the matter closed. I received no such evidence from UKPC on request, only a letter dated 15/04/2015 stating that they had made their final decision. 14. I received no further correspondence from UKPC and assumed the other 5 charges had been cancelled. 15. I moved to my new address on 05/06/2015 which was 66 days after my final letter of correspondence and I still had received no evidence for the accused breaches. 16. I am unaware of UKPC having sent further correspondence to my former address, but if they had, I was not aware of this. I had always corresponded with them in a timely fashion previously. In the absence of a response, they should have had reason to doubt that the address was still my place of residence. 17. UKPC sent all Notice to Keepers to the address XXXX yet when it came to sending the claim documents and court documents, there was no receipt of these at the keepers address which leads me to believe UKPC had sent it to the where I was previously a tenant at XXXX. Therefore, if UKPC knew the address from my registered keeper details, I fail to understand how they did not manage to send me all the correct documentation to the same address as the notice to keeper. Below is the chronological order of events as they took place. I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC. The parking provided was closed off by an automatic shutter gate which required a remote to open. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit which was provided to me by the letting agency as part of my tenancy lease agreement ( as seen in evidence referenced page 3). The charges were received by me as Notices to Keeper at the address XXXX After a lengthy and unnecessarily difficult appeals process, the first 2 that were issued (pcn ref. 9 and pcn ref. 2) were cancelled by UKPC (as seen in evidence referenced pages 4, 5 and 6). I then received yet another 5 charges after numerous correspondence back and forth where they became uncooperative and failed to provide me with the evidence requested (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in reply (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded. I did not receive any further correspondence from UKPC and assumed the matter was closed. In February 2019 during a routine check of my credit report, I found that I have a default CCJ had been issued against me due to court action taken by UKPC without my knowledge, for all 7 tickets totaling £1,270 including fees. No intent of claim was received at address XXXX yet this is the address where the notices to keeper were originally sent. I believe the claimant has behaved unreasonably by not allowing the appeals when a permit was provided, by Not providing Notices to keeper either in time or at all and by not using the correct address for the documentation relating to the claim - which they had used to send the notices to keeper. UKPC did not behave in a way where I could resolve the matter in a timely fashion by not providing me with evidence when requested, which if they did, the matter could have been resolved at the time without going through lengthy and expensive proceedings. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system. Statement of Truth: I believe that the facts stated in this Witness Statement are true.
  5. @brassnecked yeah, I've seen some already, I'll print as much as I can at work tonight and include them. One thing that I'm unsure about, for the charge on10/01/15 where I actually appealed the charge, are they still required to send an NTK? I don't want this to trip me up
  6. Apologies, I'll change defense to defence @Mrs O'Frog ok, I will get rid of the witness statement heading and merge it all into one. They did send the NTK to the address on the V5. @brassnecked yes, I am going to throw in some cases as well, once I get an idea of whether what I've got as is it's acceptable
  7. Ok, this is what i have typed out so far. I just to refer to the evidences i have and put it in a good order. Just another point to clarify in my write-up, the address i was living in was different to my address on my driving license as it was only short term so i never changed it, so all the NTK's were sent to my Licence's address yet i never actually received the intent to claim at that address (it is my parents) i have mentioned this in my write up. please have a look and let me know what you guys think. Claim from: County Court Business Centre Claim No. XXXX Judgment Date: 02/01/2019 Claimant: UK Parking Control Ltd Defendant: XXXX Witness Statement 1. I lived at the address, XXXX from 06/12/2014 to 05/06/2015. 2. Between 20/12/2014 and 10/01/2015 I received 7 parking charge notices from UKPC. 3. I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence. 4. My appeal was upheld for the first two charges and these were cancelled by email as can be seen in the supporting evidence, yet they were included in the claim. 5. I wrote a letter to UKPC on 25/02/2015 informing them that I received 7 charges yet I received no notice to driver on the vehicle and that I spoke with an employee on 06/02/2015 who advised me that I request they be revoked which UKPC refused to comply with. 6. I wrote a final letter of correspondence to UKPC on 31/03/2015 requesting that before the matter escalates any further, I would like UKPC to send me any and all relevant evidence regarding the alleged breaches of and if I did not hear from them within 14 days ( by 14/04/2015) I would consider the matter closed. I received no such evidence from UKPC on request, only a letter dated 15/04/2015 stating that they had made their final decision. 7. I received no further correspondence from UKPC and assumed the other 5 charges had been cancelled. 8. I moved to my new address on 05/06/2015 which was 66 days after my final letter of correspondence and I still had received no evidence for the accused breaches. 9. I am unaware of UKPC having sent further correspondence to my former address, but if they had, I was not aware of this. I had always corresponded with them in a timely fashion previously. In the absence of a response, they should have had reason to doubt that the address was still my place of residence. 10. UKPC sent all Notice to Keepers to the address XXXX, yet when it came to sending the claim documents and court documents, there was no receipt of these which leads me to believe UKPC had sent it to the where I lived previously XXXX. Therefore, if UKPC knew my address from my registered keeper details, I fail to understand how they did not manage to send me all the correct documentation to the same address as the notice to keeper. Defense Below are the key points which constitute my defence regarding the alleged breaches of contract. Supremacy of contract, due to being a tenant on the property (as seen in evidence referenced page 3). At the time of the claimant issuing the tickets, I was a tenant on the property which provides me with supremacy of contract. The tenancy agreement has precedence over the contractual agreement that UKPC issued the charge under. 1. Signage. The signage at the entrance and inside the car park reads “no unauthorized parking” and “Permit holders only”. As I was a tenant at the address and was provided with a permit and a fob to open the shutter to gain access to the car park, I was authorized to park at the address and I was a permit holder, which can be seen in the evidence provided. 2. Contract. I deny that I ever entered any contract with UKPC. A contract is an agreement between 2 or more parties where terms and conditions are discussed and agreed upon and signed into, which I deny ever doing. Furthermore I was in a contract with my landlord held by my tenancy agreement allowing me to park at the address in the allotted bay. 3. The practice direction on pre-action conduct was not followed - No intent to claim was ever received at the address that UKPC had where they sent the Notices to keeper. Furthermore, I was not provided with any documentation regarding the alleged breaches, despite requesting it (as seen in evidence referenced page 1). 4. UKPC had previously sent Notices to Keeper to my correct address but had not attempted to contact me at my correct address regarding the claim which UKPC was in possession as seen in all the notices to keeper. Furthermore they could have tracked my address via the electoral roll. 5. Two of the parking tickets (pcn ref. XXXXand pcn ref. XXXX), which form part of the claim, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as 2 of the pcn’s have been cancelled and are no longer valid. 6. No Notice to Driver was placed on the windscreen of the vehicle with the exception of 10/01/2015 where I appealed the charge. Therefore under POFA 2012 schedule 4, the time by which the Notices to Keeper should have been received were overdue. 7. No notice to keeper was ever received for two of the charges (1255650100601 on 10/01/2015 and 1255650050516 on 05/01/2015 which is a violation of POFA 2012 schedule 4. 8. Lack of Evidence. There was no evidence provided to myself showing the alleged breach with the number plate of my vehicle in view and any signage in view. There are only the images of the back of the vehicle showing the bay number and the vehicle registration printed on the notices to keeper that were provided. Below is the chronological order of events as they took place. I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC. The parking provided was closed off by an automatic shutter gate which required a remote to open. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit which was provided to me by the letting agency as part of my tenancy lease agreement ( as seen in evidence referenced page 3). The charges were received by me as Notices to Keeper at the address XXXX. After a lengthy and unnecessarily difficult appeals process, the first 2 that were issued (pcn ref. XXXXand pcn ref. XXXX) were cancelled by UKPC (as seen in evidence referenced pages 4, 5 and 6). I then received yet another 5 charges and after numerous correspondence back and forth where they became uncooperative and failed to provide me with the evidence requested (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in reply (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded. I did not receive any further correspondence from UKPC and assumed the matter was closed. In February 2019 during a routine check of my credit report, I found that I have a default CCJ had been issued against me due to court action taken by UKPC without my knowledge, for all 7 tickets totaling £1,270 including fees. No intent of claim was received at the address XXXX yet this is the address where the notices to keeper were originally sent. I believe the claimant has behaved unreasonably by not agreeing to the the appeals when a permit was provided, Not providing Notices to keeper either in time or at all, not using the correct address which they had used to send the notices to keeper. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system. Statement of Truth: I believe that the facts stated in this Witness Statement are true.
  8. @dx100uk thanks! Took absolutely ages on my phone to edit them. Apparently I can do at least one thing right lol
  9. @Mrs O'Frog Unfortunately I did not. I ended up forgetting that point while trying to get everything together but i will see what i can do when I call DVLA tomorrow and see of there's anything to be done. I have just attached the images i took of the inside of the parking location. Please have a look and i am going to upload the edited documents they sent me in another comment. Images from inside parking location.pdf
  10. @ericsbrotherI have my laptop with me at work, ill get a quick hour or so I'll upload what I have done so far, I just need to add some points from what they've provided me now so pleased keep an eye out for that tonight as I need to get it right. I will also edit and upload everything they sent me, so I can get your view on how to add it into my defense. As for DVLA they are the ones who provide me with the information of who carried out a keeper details earch against me and when correct? If so, I'm hoping they can provide me the info.
  11. I have just found that I've received the postal copies of everything. Where they have taken pictures, there is not a single picture where the NTD and the permit not being visible is in the same image. They have taken a separate picture of the NTD and the permit for each, do they not have to show both in a single picture?
  12. @dx100uk they sent this via email attachments. They did state that they are sending it all via post as well and have also stated they do not rely on email rather post for documents. I have not replied or acknowledging receipt of their email and i am waiting on their post. @Mrs O'Frog ah right, well as far as the NTK's go, it was as follows : 26/12/14 - The NTK was dated 30/01/15 27/12/14 - The NTK was dated 11/02/15 29/12/14 - The NTK was dated 11/02/15 - This one is duplicated in their supporting evidence. 05/01/15 - No NTK has been provided in their evidence. 10/01/15 - No NTK has been provided in their evidence, however I did appeal this one, im not sure if they have to provide an NTK if it gets appealed? They do all of sudden have the yellow NTD pictured on the windscreen for each, even though i only ever found 1. I am going to get onto DVLA first thing Monday and get the information from them. And thanks for that idea for the pictures! i have uploaded the signage from the outside at the entrance, I am just trying to get inside for pictures to add, but its the same signs as these 2 on the inside. Signage from Outside..pdf
  13. Just a quick update. Ukpc have sent me the information they are relying on as evidence for their claim. They all of a sudden have every picture with a NTK on even though I only found the one! They also sent me the contract between them and the landowner. They also sent me a tonne of pictures, however on the actual PCN's which were issued via post, there was only a picture of the back on my car showing the number plate, and parking spot, not the front windscreen with any NTK attached. There's one thing bothering me, on the pcn's issued to me, where it shows the back of the vehicle, even if you look at the photo's they included separately, the pcn states the reason for it is "parked in a permit area without displaying a valid permit" but you can see there is a permit in the car, just not 100% visible, so it's there, arguably just unclear, and this is the same for all the cases except 1 where on the pcn they've put the wrong make and colour of the vehicle! I am waiting on the DVLA registered keeper team to get in touch with me, I am chasing but I probably won't hear until Monday. @ericsbrother you are right I haven't shown pictures of signage, but I just tried but I can't due to the size of photos on my phone.
  14. @ericsbrother you need to appreciate people are liable to make mistakes. Yes, the email was a massive error on my part, but I have been doing nothing but try to get on top of this all and there's a lot to consider and take in. That's exactly why I've been posting every single thing I do, in case I'm either wrong, and I can be corrected or I do something wrong and need to correct it, as I've done with my error of using email. I am trying to learn the best I can with the time I have under my circumstances and I'll keep trying and I'll do my best to understand everything but at the same time, I'm not a solicitor, I've never had to read up laws and laws aren't very easy to just understand with a single view. I 100% would not have even stood a chance if it wasn't for this forum and the people who have helped (unless I paid a solicitor) so I am so grateful to everyone who's spent the time to help in any way they can and I know it can be frustrating when someone makes a mistake in what you consider to be common sense so I apologise that I'm not being the most knowledgeable but please do know, I am trying, do not think any different. I am currently working on my defence with some help so when I have a draft I'll let you guys have a look and see how it is thanks a lot!
  15. Right, Email to SCS Law telling them I do not want my email used to serve any paperwork AND the letter for request under CPR 31.14 are done! I will send the letter on the way home :)
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