UKCPS Claimform - help

[stan1825]

I have a court summons for 17 minutes in a private car park on yellow lines

when the readable inside the car signs says 2.5 hours free

but there are other signs that if you walk up to say £100 fine for parking on the yellow lines

 

I was only there as my teenage son had been threatened and I was rushing to his defence.

When I got back to the car in 17 minutes I had the fake ticket

and went to the management suit to be told by a huge security guard to ignore it.

 

I also don't live at the address where the car is registered as its my estranged wife's house

and only when she saw a court summons did she give me the letter.

 

 

She says no previous letters have arrived and its possible as her house is 204 so and so Road

but there is a 204a and loads of letters have got lost

- should I pay which I can and

 

 

definitely don't want a CCJ as I am trying to get a mortgage for myself

- help please ps

 

 

the bill is now £150 plus £25 costs at a court in the midlands

said to be a business bulk claim court ?

[ploddertom]

New thread created.

 

You need to explain more to get help - where & when did this happen and who the PPC is.

[scaniaman]

BEWARE. PPcompanies are trying test cases here in Scotland. For some reason they are fielding small claims in some of the smaller courts.

Good article in todays Dundee Courier.---see it on line?

[dx100uk]

please fill this in and post the results here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[stan1825]

New thread created.

 

You need to explain more to get help - where & when did this happen and who the PPC is.

 

 

 

This was Bramley centre car park and its UKCPS and it was in May but because of letters going missing it now has only a few days to run with issue of the summons dated 29th sept

[themagician]

if its a private car park can you tell us where if anywhere it states "fine" on either signs or paper work .

[stan1825]

No I cant see the word Fine on the summons or the signs in the car park it says a parking charge notice will be enforced for £100 on the signs

 

 

it says on the summons by parking on the land I agreed contractually to pay the charge of £100 for the use of the land

[renegadeimp]

Ack the claim, defend all, use GPEOL, laugh at the PPC as theyve just wasted a ton of money.

[ericsbrother]

first thing to do is to send back the acknowledgement of service form with the box ticked saying you are defending the claim in full.

 

 

This will buy you a couple more weeks to prepare a defence and force UKCPS to pay the allocation fee

and then a date will be set for a hearing at your local court.

 

 

The claim is sent out from Northampton as they deal with all bulk and online applications.

 

 

The claimant has to travel to your court, not you to theirs.

that will add a fair bit to their bill and when defended many of the claims wither and die

as they diont want the expense of taking the matter further as they know they are likely to lose a defended claim.

they prefer it when people panic and pay up or do nothing and lose by default.

 

If where the car park that raised this claim is near to you go and photograph the signs at the entrance to thr car park/land

and measure how high off the ground the signs are,

how big they are and how big the writing is.

these will become important later on.

[stan1825]

first thing to do is to send back the acknowledgement of service form with the box ticked saying you are defending the claim in full. This will buy you a couple more weeks to prepare a defence and force UKCPS to pay the allocation fee and then a date will be set for a hearing at your local court. The claim is sent out from Northampton as they deal with all bulk and online applications. The claimant has to travel to your court, not you to theirs. that will add a fair bit to their bill and when defended many of the claims wither and die as they diont want the expense of taking the matter further as they know they are likely to lose a defended claim. they prefer it when people panic and pay up or do nothing and lose by default.

If where the car park that raised this claim is near to you go and photograph the signs at the entrance to thr car park/land and measure how high off the ground the signs are, how big they are and how big the writing is. these will become important later on.

 

The signs are approx 8 foot off the ground from memory but you drive past the first one and can't read it without getting out but the one further down in bigger font is easily readable in the car saying 2.5 hours free

 

My main concern is the possibility of a CCJ because of the letters not arriving or being passed on by my estranged wife for many reasons

 

It seems that only by paying or winning a defence can I stop a CCJ is that right ?

Apparently no letters are delivered by recorded post so how can they prove I knew of the matter ? As no previous knowledge or acknowledgement has been sent at all to anyone

[DragonFly1967]

You'll only get a CCJ if you lose at court (unlikely) and then fail to pay whatever the court order you to pay (again only if you lose) within 28 days.

[ericsbrother]

follow the advice,

sent back the acknowledgement of service right away

and get you defence sorted out over the next couple of weeks.

 

 

There is no point complaining about not receiving the post etc as that doesnt wash in court so deal with matters that you have control over.

 

 

Do not rely on memory, get down to the car park and photograph the signs at the entrance.

The reason for taking photographs and measuring is to show whether it is reasonable

to expect soemeone to be able to see and read the entire contents of the sign whilst passing it in a car

or whether you have to park up and find a sign and then read it,

determine what is says and means and then decide wheher you actually want to park there under those conditions.

 

 

often the signage is unclear or confusing as to what is being offerede and

this is especially important in your case as you are accused of breaching the conditions by parking on a yellow line.

 

 

Well, yellow lines mean nothing in car parks other than courtesy

so you need to show, via a photograph of the signs at the entrance to the car park

as to whether it is clear what constitutes the contract and what would be a breach of it.

 

 

If the sign doesnt say dont park on the yellow lines then it is not a breach to do so,

even if there is vague wording about only parking in the spaces as there is no definition in law as what is a space.

 

When you return the AOS make sure that you put your current address on the form

so you get all of the new paperwork sent to you.

[stan1825]

Ok acknowledgement done on line tonight

- one thing though in a previous employment case where I presented for a friend as McKenzie friend

the other party could not prove a recorded delivery letter had been received

and the judge threw out their point of proof of written notification

 

 

I would have thought that normal first class post in these circumstances may be of no proof of delivery

-in fact in other cases papers have had to be served personally upon a person to ensure they are received

is this not the same burden for these cases?

for instance I do work away for extended periods and may know nothing of this for months

if the ex doesn't tell me or my digs are left empty

 

This alleged incident was in April is there no time limit to these things being brought ?

 

I went back to see the signs and took pictures and there is one as you drive in

but wouldn't concentrate on it if you looking for a space or a person and

 

 

the writing is made up of some 2inch letters some 1 inch and some half inch letters

with the sign being 6 foot off the ground and 4 foot in height and X 2 foot in width.

 

 

The sign everyone does see is a smaller one elsewhere that says free 2 and half hours parking.

ps is there a way to talk to some of you guys personally

[dx100uk]

nope keep things in the open forum.

 

 

with regards to not getting paperwork, that sadly makes no odds

so put that one to bed.

 

 

you now have pictures of the signs

 

 

look on them and find WHERE it says do not park on yellow lines....

 

 

end of problem

 

 

dx

[dx100uk]

in the claim form the is a box called Particulars of Claim.

 

 

type it up EXACTLY as it appears please

minus and pers info.

 

 

THIS IS IMPORTANT.

 

 

dx

[ericsbrother]

Stan, DO NOT GO THERE, that argument will lose you your claim, the requirements for proof of delivery are different for an ET as the claimant and respondent have a different relationship .

Have you photographed the signage? Telling us how big the letters are is helpful if going down the inadequate signage route but the content is required to look at the rest of that plus confusing/incorrect/ no breach arguments.