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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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rogerldavey

UKPC liable for trespass - **SUCCESS**

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UKPC Ltd is another car parking enforcement company. They issue tickets on a private development in Winchester where we live demanding £100.00 for each alleged breach of parking regulations. Apart from that being an unlawful penalty and unenforceable, they have persisted on putting tickets on our cars on our own land ie not an allocated bay but registered to us at Land Registry. Like dealing with aliens. One ticket was at 4 am at night.

 

We objected and demanded undertakings not to trespass on our land and not to place tickets on our cars stating clealry it was our land with registered title They persist and have refused to give undertakings and again on the 29th December entered our land and put a notice on our car demanding £100.00. They are very keen on throwing unlawful penalties around for alleged trespass and as it they who are trespassing on our land we have now issued county court proceedings against them claiming damages for trespass and an injunction to prevent further trespass, and costs. Hearing in January 2013. R.L.Davey.

Edited by Conniff

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Hi

 

I've moved your post to a thread of its own & re-titled it, please keep us updated with progress.

 

PT


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This will be very good to hear, I hope the DJ looks favourably on your case and knocks them off their perch, PPC's are nothing more than fraudulent.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Many thanks. We shall see what view the DJ takes and in the meantime shall be interested to see what UKPC says it's defence is or whether it concedes the claim. Hearing 21.1.2013.

R.L.Davey

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Roger do you have the company registration number for UKPC ltd? Just trying to find their registration as Data Controllers with the ICO

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I think this is the company, as their website shows a "UKPC" logo:-

 

UK PARKING CONTROL LIMITED

THE MERIDIAN

4 COPTHALL HOUSE STATION SQUARE

COVENTRY

WEST MIDLANDS

CV1 2FL

Company No. 05104383

 

Website:- http://www.ukparkingcontrol.com/

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Roger do you have the company registration number for UKPC ltd? Just trying to find their registration as Data Controllers with the ICO

 

Comp reg : 5104383

Reg Off : The Meridian, 4 Copthall House, Station Square , Coventry CV1 2FL

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Right to peaceful enjoyment. Get an injunction/court order.

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Harrassment act as well? could be criminal as well as civil case. Wouldnt that be an interesting one.

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Harrassment act as well? could be criminal as well as civil case. Wouldnt that be an interesting one.

Reply .

May be good point. Certainly loitering with intent on private land in the middle of the night !

Served proceedings on them and no response to date.

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Roger, i wish you all the luck in the world with this. Would be lovely to see these cowboys get a real bloody nose. Subbing with great interest.

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Update :

We pressed on with our County Court Claim against UK Parking control Limited

( UKPC ) in the Winchester County Court.

On 21.1.2013 UKPC in an Order by consent gave undertakings to the Court not to enter our land and not to place any Parking Charge Notices on our cars and the Court ordered:

1. Judgment for the Claimants ( ourselves )

2. Damages for trespass in a total of £150.00

3. UKPC to pay our costs in the sum of £ 1280.26 ( now paid )

R.L.Davey

 

 

Hi

 

I've moved your post to a thread of its own & re-titled it, please keep us updated with progress.

 

PT

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Update :

We pressed on with our County Court Claim against UK Parking control Limited

( UKPC ) in the Winchester County Court.

On 21.1.2013 UKPC in an Order by consent gave undertakings to the Court not to enter our land and not to place any Parking Charge Notices on our cars and the Court ordered:

1. Judgment for the Claimants ( ourselves )

2. Damages for trespass in a total of £150.00

3. UKPC to pay our costs in the sum of £ 1280.26 ( now paid )

R.L.Davey

 

well done nice to hit them in the pocket:whoo:


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Have changed the title to reflect your success. A good un - well done.


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Good result.

 

I can understand the costs, as that's a loss you suffered.

 

How do the £150 damages for trespass work?

 

Even though the boot's on the other foot here, isn't "damages for trespass" something the PPC usually tries to claim, and for a similar amount, and I though as they suffered no loss, it's usually said they wouldn't have a chance?

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Brilliant. Loved reading this! Probably the first of many bloody noses.

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Good result.

 

I can understand the costs, as that's a loss you suffered.

 

How do the £150 damages for trespass work?

 

Even though the boot's on the other foot here, isn't "damages for trespass" something the PPC usually tries to claim, and for a similar amount, and I though as they suffered no loss, it's usually said they wouldn't have a chance?

Damages for trespass do not require proof of loss. Trespass is about insult to your rights over land or goods - or to yourself.

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Excellent news well done, well worth the effort!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Very well done.

 

Can I contact the media?


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I also think that you should send a copy of the judgment to the DVLA and also as a complaint to the Information Commissioner. Obviously their illegal conduct meant that their access to the DVLA database was unlawful.

You should also complain to the BPA because by acting in this way they will have breached the BPA code of practice. Of course the BPA won't care and won't do anything - other than maybe give UKCPS a medal!! - but you may as well complain anyway sp that we have it down on the record.


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i also think that you should send a copy of the judgment to the dvla and also as a complaint to the information commissioner. Obviously their illegal conduct meant that their access to the dvla database was unlawful.

You should also complain to the bpa because by acting in this way they will have breached the bpa code of practice. Of course the bpa won't care and won't do anything - other than maybe give ukcps a medal!! - but you may as well complain anyway sp that we have it down on the record.

 

u k p c !! :-D


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Congratulations indeed. Do be sure to have an Echo reporter make a good splash in the newspaper with all the detail. When that is done and published it will be immediately circulated widely and then referred to by many others

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