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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 car park 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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MIAH Solicitors - re UKCPS PCN rom Feb 2013 - Please please help


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Hi

My partner recieved a parking fine from UKCPS. Im not sure if it was left on the car or just came through by post. But this was back in Feb 2013. I advised her to ignore as it was what i thought was not enforceable. We had parked at a local retail park where there is no charge. I think we may have parked in parent and child bay whilst running into Boots for some medicine. The woman who was employed at the time by UKCPS took photos of the inside of our car without us in it. She was so close to our car she may even have touched it.

Anyway, i advised to not pay as no money had been lost by UKCPS, as it was and still is a free car park. A few letters arrived but on the whole nothing happened.

I came home last night to a letter from The Miah solicitors ( which seems to be the same format and wording as everyones elses from the miah) saying that the Court of Appeal ruled on the 23rd April 2015 that a charge for parking on private land is not extravangant or unconscionable! ( Im guessing this was the lincolnshire one, where i live) I am attaching the letter for you

I dont know if theyre acting as debt collectors or litigators and i have at no time entered into any contract but if that is this case then isnt there something about VAT as well?

What can i do, were not paying £275 to park where we can park for free . Fuming but a little scared as UKCPS go to court

Thanks

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I'd take down the attachment and redact the reference number and your name before re-uploading.

 

I'm guessing you've ignored them up completely up until now, meaning you've almost certainly lost your chance to appeal to the adjudicator (POPLA), although this might be worth a try. As UKCPS were members of the BPA at this point (before they jumped ship to the IPC at the start of this year), they may still allow you access to POPLA if requested.

 

UKCPS shouldn't be quoting the Court of Appeal ruling (the Beavis case) since this is currently awaiting a further appeal at the Supreme Court. In any event, that was for a very specific set of circumstances which almost certainly do not apply in your case (Beavis wasn't anything to do with parent and child spaces). It certainly doesn't set a cast iron case precedent that legitimises their entire operation. In any case your parking event took place over 2 years before the Beavis ruling so I don't see how they can rely on that now.

 

UKCPS are absolutely toothless and will in all probability not take you to court. They're known as being one of the more particularly clueless PPCs. They're just sending you these letters now in the hope of scaring you into coughing up. I've got a case with them currently running and I'm practically begging them to take me to court but they won't bite, sadly.

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I have unapproved the attachment in post # 1 as it is showing personal details - references and name. You will need to edit your document and repost.

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DO not engage them in letter tennis

 

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unless it is headed Letter Before Action or letter before claim then it is just another debt collectors letter and can be ignored.

You see how they use a solicitor as a DCA? This is designed to scare you into paying up, sometime Bailiff co's do the letter writing and people think they are going to have their furniture removed.

They havent done anything about it until now and I beyt they are hoping that you have forgotten all about what happened at the time but it is still for the parking co to prove their case so no harm done by your action.

Parent and child parking? Pah. How are they going to prove the absence of a child? Even photographs of someone leaving the car wont wash because if they ahd the time to film your wife they had time to tell her not to park there. No mitigation of loss= no payout.

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