County Court claim from UKCPS

[dazza121]

Hello folks! A Newbie here!

 

I've received a UKCP's county court letter today. This was from parking in a local shopping center, in a disabled bay. I ignored the first summons due to the person that I took shopping as kidney failure and can-not walk long distances. I have a disabled-tax-disc, but not a blue badge so just ignored the summons.

 

The summons is a 4 page letter for £150 amount claim + £25 court fee's

I have 14 days to reply and have a link to moneyclaim.gov to add my claim Number and a password. I don't know what the MCOL site is all about. Is that if I want to make a counterclaim?

 

should i dispute the whole claim or part of the claim? Should i make a counterclaim against the claimant?

 

Any help with this summons would be greatly appreciated.

 

Daz

 

PS. Can this letter be replied to on-line or do I have to post the thing back to County Court Bulk Centre NN1 2LH

[dazza121]

Hello folks! A Newbie here!

Sorry if this is in the wrong section/thread.

 

I've received a UKCP's County Court letter today [28-08-2014].

 

 

This was from parking in a local shopping center, in a disabled bay on 08-02-2014.

 

 

I Ignored the first summons due to the person that I took shopping as kidney failure and can-not walk long distances.

 

 

I have a disabled-tax-disc, but not a blue badge so just Ignored the summons.

 

The summons is a 4 page letter for £150 amount claim + £25 court fee's

 

I have 14 days to reply and have a link to moneyclaim.gov to add my claim Number and a password.

 

 

I don't know what the MCOL site is all about.

Is that if I want to make a counterclaim?

 

should i dispute the whole claim or part of the claim?

Should i make a counterclaim against the claimant?

 

Any help with this summons would be greatly appreciated.

 

Daz

 

PS. Can this letter be replied to on-line or do I have to post the thing back to County Court Bulk Centre NN1 2LH

[DragonFly1967]

Thanks HB

 

 

 

Hi dazza. The MCOL is Money Claim OnLine, it's just a way of issuing claims that's quicker (and cheaper) than doing it manually for the claimant. Being able to submit your responses online also saves you some time and trouble.

 

If you can, could you scan in the documents you've received, edit out any personal details, convert them to PDF and then attach them to a post in this thread (you'll have to use the "advanced" reply (go advanced) to be able to add your pdf's as an attachment).

 

Once we've seen all the details, we'll be able to advise you better on your particular set of circumstances.

[dx100uk]

register on MCOL

 

 

write down the number you get.

 

 

then log in

 

 

select AOS

 

 

use the details on the claimform

 

 

defend all

exit mcol

 

 

dx

[dazza121]

Thanks for the reply Dragonfly. Much appreciated.

 

Here are the scanned images off the summons. I scanned them all. 5 in total as was not sure which parts you required.

Edited August 28, 2014 by dazza121

[dx100uk]

PDF please

 

 

dx

[ericsbrother]

If you send it through the post tick the box denying the claim in full and

 

 

fill out the acknowledgement of service part with your details.

 

 

This will be sent to UKPCS and they will then have to spend a few more pounds on the allocation fee.

 

 

It will automatically be allocated to your nearest county court unless you specify another court for good reason

such as work commitments or disability preventing access to that court.

 

You dont have to file a defence yet but bear in mind there is a limit of 32 datys to do so

including the time allowed for postal service.

 

 

your defence, when sent, doesnt have to be too detailed,

you can put down a series of skeleton arguments and fill out all of the rest when you are instructed to exchange documents,

usually a couple of weeks to a month before the hearing.

 

 

A good defence will often cause the parking company to withdraw their claim, they are looking for victims, not a fight.

 

When you get down to the defence you already have half of it,

your disabled tax disc provong that you were not in breach of the conditions of use of a disabled space

and that the blue badge scheme is only for parking on the carriageway.

 

 

You would need to demand a copy of UKPCS' disabilities policy,

along with sight of the contract between the landowner and themselves

that specifically allows UKPCS to override the responsibilities of the landlord

regarding the Equalities Act and furthermore assigns the right to claim damages from you

in their own name as they claim to manage the facility

which indicates they are agents of the landlord

and as such do not have the locus standi to claim anything from you.

 

After that you can get into the chage being a penalty, unfair contract, no genuine pre-eastimate of loss, no actual loss etc.

 

 

Read the Parking Prankster's guide to the various bits of case law.

 

 

In the meanwhile get down to the car park and photograph all of the signs, noting size, height, position etc.

They must be aof a minmum size and visible at the pointof entry intot he car park for the motorist to consider their offer.

 

lastly, you need to tell us the history of how you got this summons,

when did you park,

did you get a ticket slapped on your windscreen

 

 

of ANPR capture letter through the post

 

 

nd when did you get any letters sent to you.

 

 

Date are important as they normally get their procedures wrong and you can hev them for that.

[dazza121]

Thank you Ericsbro for you reply and help. It's very much appreciated.Sorry it's taken me so long to reply. The person who I get the disability tax for has had a severe kidney infection, so it's been all hands to the pump here.

 

Back to this bloody summons.

Would it be better to reply via post and have hard copy replies [if they do reply]?

 

or better via the web which would be quicker? and how would they [ukpc's] reply to my demand of the disabilities policy between them and the landowner if via the web?

 

I've had a look around for the first summons that they sent me via the post [this was after the mandatory plastic-bag-penalty-fine that they stuck on my window-screen], but I'm unable to locate it. I'm sure I just binned-it.

The date's and time that they listed on the county court summons seem about rite as I can re-call.

 

I did manage go down to the car-park to take some photo's of there warning signs but I can't find them anywhere on my phone, so will be popping back down asap.

I do recall there been some literature about people parking the disabled bays must display a blue-badge.

We only parked there initially because the disabled-bay was within walking distance to Boot's the chemist where my disabled friend had to collect a prescription. This I will be fully stated in my reply to UKPC.

 

Lastly. Should I file a counter-claim for harassment and the stress this summons has caused? Or would that be costly and better left till [if] they want to follow the court-case to local court?

 

Once again. Many thanks for your help.

 

Daz

[dazza121]

Thank you Ericsbro for you reply and help. It's very much appreciated.Sorry it's taken me so long to reply. The person who I get the disability tax for has had a severe kidney infection, so it's been all hands to the pump here.

 

Back to this bloody summons.

Would it be better to reply via post and have hard copy replies [if they do reply]?

 

or better via the web which would be quicker? and how would they [ukpc's] reply to my demand of the disabilities policy between them and the landowner if via the web?

 

I've had a look around for the first summons that they sent me via the post [this was after the mandatory plastic-bag-penalty-fine that they stuck on my window-screen], but I'm unable to locate it. I'm sure I just binned-it.

The date's and time that they listed on the county court summons seem about rite as I can re-call.

 

I did manage go down to the car-park to take some photo's of there warning signs but I can't find them anywhere on my phone, so will be popping back down asap.

I do recall there been some literature about people parking the disabled bays must display a blue-badge.

We only parked there initially because the disabled-bay was within walking distance to Boot's the chemist where my disabled friend had to collect a prescription. This I will be fully stated in my reply to UKPC.

 

Lastly. Should I file a counter-claim for harassment and the stress this summons has caused? Or would that be costly and better left till [if] they want to follow the court-case to local court?

 

Once again. Many thanks for your help.

 

Daz

[dazza121]

..PS. Ericsbrother.

 

This is a draft that I've put together on the MCOL site.

 

I was parked in a disabled bay because I have a disabled tax disc

(which I have had for 2 years (check with DVLA)and I had to take

my disabled friend, that has SEVERE KIDNEY FAILURE, and CAN-NOT

walk very far, to the Boot's chemist to collect a prescription. I

did not see any signs at NORMAL eye-level that indicated that a

blue-badge had to be displayed although after recent

investigations I found there is some sort of sign but was unable

to read it clearly in the area that I would of been parked at the

time of the summons been issued as it is high up a lamp-post and

without having my reading glasses, would of been unable to read

it.I am also lead to believe that the Blue-Badge-scheme ONLY

(LEGALLY)applies on CARRIAGEWAYS.

Due to they above I also request/demand UKPCS' disabilities

policy, along with sight of the contract between the landowner and

themselves.

 

Do you think I've got my point across?

 

I've also discovered there is a cost in making a counter-claim.

 

many thanks

 

Daz

[renegadeimp]

Could simply use gpeol and be done with it.

[dazza121]

Sorry RenegadeImp. New to all this. Whats gpeol?

 

I Googled it and from what I can gather It's something to do with the land-owner or UKCP not losing or incurring cost's due to my parking?

 

Do I just submit/state this in my count-court defense section on it's own or with my other explanation?

[DragonFly1967]

dazza121

 

Just a couple of things in case you havn't already filed that with MCOL.

 

You don't have a "disabled tax disc", you have "VEL in the disabled class".

 

And, if I were you, I'd lose the words in caps and replace them for lower case. Whilst having them in caps does highlight them, it makes the statement look messy.

 

 

Just my thoughts, the choice is of course yours

 

 

You're pretty much correct in your take on the meaning of GPEOL. It's Genuine Pre-Estimate Of Loss. Or what they've actually 'lost' by the fact that you're vehicle was in the parking space. Other acronyms are explained in this thread

[dazza121]

Thanks all for you help and advice!

 

I will mail the MCOL with my defense at the weekend and post back on the out-come.

[ericsbrother]

Your defence should then have the bullet points of:

1/You do not believe that UKPCS has any interest in the land and act only as an agent for the landlord and occupier and therefore have no locus standi. You therefore demand to see sight of any contract between UKPCS and the landlord that expressly assigns the right to allow UKPCS to pursue claims in their own name.

2/Inadequate signage to form a contract so cannot be considered a breach.

3/vehicle had VEL in disabled class so no breach by parking in disabled space even if contract was formed. Blue badge scheme only applies to parking on the carriageway and UKPCS have not listed a code of practice that indicates an alternative scheme or conditions that will fulfill the requirments of the Equalities Act of making reasonable adjustments for your disabilities and to this end you demand to see UKPCS disabilites policy for the company and its assessments for that site in line with the 1999 Act and later legislation.

4/In any case, the claim for £150 does not represent UKPC's losses caused by any supposed breach not a genuine pre-estimate of loss for the parking in a free car park that they do not own and is therefore an unlwful penalty.

 

Padding out the above at a later date withcase law will be needed but this may well cause them to discontinue.

any of the above will defeat their claim but best get across as many points as possible rather than relying on one.

[ericsbrother]

If you feel like it, enter a counterclaim amount of £150 (they have set this as the price of a breach so it must be true if they have broken the contract) for disability discrimination in the box that asks if you are counterclaiming. This has 2 effects, it makes them think about their chances of winning and it prevents them from withdrawing without paying the allocation fee. If they try you get the £150 ordered for their withdrawl.

[dazza121]

Thanks Eric's bro (and everyone else)!

 

I've ammended my draft, removed the caps and included the bullet points as suggested. A counter-claim as also been filed under the

Disability discrimination.

[Ganymede]

Thanks Eric's bro (and everyone else)!

 

I've ammended my draft, removed the caps and included the bullet points as suggested. A counter-claim as also been filed under the

Disability discrimination.

 

On what legal basis have you made your counterclaim? Did you pay the Court fee?

[dazza121]

Hi Ganymede!

 

Hopefully on: counterclaim amount of £150 (they have set this as the price of a breach so it must be true if they have broken the contract) for disability discrimination.

 

It did say there was a £25 counterclaim fee but I haven't payed anything as yet.

[ericsbrother]

It used to be that the counterclaim was free.

[dazza121]

I have now received a letter from HM Courts & Tribunal services asking for the £25 counterclaim fee, to fill a Small Claims Questionnaire (Form N180) and an attachment asking if I would like the case to be settled using mediation. These have to be returned by the 25-09-2014.

 

My counterclaim is for disability discrimination. Do you think my situation has a strong bases to win in court? If not. I've not yet paid the £25 fee. Would it possible to retract the counterclaim and just get the summons quashed?

I've searched on line about counterclaim retraction but could not find anything and could not telephone them as they are closed at the weekend. I would really like to get the form in the post for Monday morning.

[ericsbrother]

Yes, you can just let it pass by its deadline and use the argument as your defence against their claim. The real difference is the best you can get is your expenses for attending court.

if UKCPS really wanted to press a point they could insist that an assessor was appointed to hear that case and that would ramp up the costs of the hearing.They would then have to pay hundreds if they lose but would hope that you would want to bottle out and pay them without the need to explain themselves.

Speak to the courts service about just defending rather than counterclaiming. Whatever you decide, dont bother with the mediation, it wont be applicable.

[dazza121]

Thanks EricsBro. I'll call the court asap on Monday.

[dazza121]

Well it's been a few months since I replied back and submitted my case to the court and I haven't heard another peep from them or UKPCS.

 

Many thanks to you all for all your help and advise against these bullies. I'd hate to think how many OAP's and other vulnerable people that these have scare-mongered into paying up for something they had no need to.

 

Thanks again for helping to keep it real.

[SabreSheep]

You need confirmation that the case has been discontinued/stayed/struck out