UKCPS County court claim form received

[HKG11]

Hi, this is my first post.

 

I have today received a county court claim form saying that I will be taken to court for the sum of £1245.00

saying that I have parked on private land.

 

It is from a company called UKCPS limited and their solicitors are The Miah Solicitors.

 

I have seen forums like this before and taken the advice to ignore all threatening letters.

 

But this looks official and I don't have this kind of money

 

. I haven't parked anywhere that I haven't before so not sure how to treat this.

 

Please help, I only have 14 days

[dx100uk]

Can you scan it up please

In PDF follow the upload guide clickit!

 

DX

[honeybee13]

Hello and welcome to CAG.

 

This is definitely a claim form and not a photocopy is it? The guys here will tell you how to make sure it's genuine.

 

Please could you type up their particulars of claim [POCs] minus any identifying details, that will help the guys to advise you. They should be along later.

 

My best, HB

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?423913-Claim-Form-from-a-UKCPS-parking-ticket

[fkofilee]

£1245? How??!?!?!!?

[ericsbrother]

chances are this will be fairly easy to defeat but we will need a lot of information to be able to help.

 

Tell us what the particulars of claim are and what it all relates to.

 

We need to know the date of the event,

where it was,

what correspondence you have had

and whether you got a letter before action from the solicitors before this claim form.

 

You have 14 days to acknowledge

so tell us as much as you can and we will advise what to say as a response and what to leave for when you submit a defence.

[HKG11]

Hi, it doesn't look like a photocopy.

 

 

The Particulars of Claim are as follows:

 

Claim is for 10 outstanding parking charges issued to vehicle registration.....

... registered to the defendant for parking on private land.

 

 

This private land is managed by UKCPS Ltd and

vehicles parked at the site are subject to parking restrictions which are set out on signs at the site,

whereby motorists entering the land form a contract between the driver of the vehicle and UKCPS Ltd.

 

 

The Defendant or a driver parked the vehicle on the land.

Or the keeper who may have been the driver

or alternatively has chosen not to name the driver

and id therefore responsible for payment as required under the section 4 of the Protection of Freedom Act 2012

 

 

By parking on this land a driver contractually agrees to pay a charge of 100.00 for each time they park amounting to 1000.00 for 10 occasions,

plus an additional 50 fixed costs and 125 for solicitors fees and disbursements incurred by their client,

whereby the solicitor charges a set fee of 125 to the client for collecting.

[HKG11]

I can't upload it from home. I will take it to work with me tomorrow and get my IT manager to help me do this. thank you

[i hate bailiffs]

What does this carpark relate to retail park?

[HKG11]

Hi Eirsbrother.

 

 

. a letter from The Miah Solicitors came.

 

 

It doesn't say 'letter before proceedings' but the final paragraph says

 

 

'if we do not receive any payment or contact from you within 14 days of the date of this letter

we will take our clients instructions regarding how they wish to proceed

with may include considering issuing legal proceedings.

 

 

The date Friday 28th February 2014 at Brewery Wharf Leeds.

 

 

The court of appeal ruled on the 23rd day of April 2015 that a charge for parking

on private land is not extravagant or unconscionable

[f16]

You need to upload a copy of that letter so the Legal Crew can see it.

 

From what you have said in the above post. ............ You have not yet got Court papers. IMO you won't.

 

The last paragraph is TOTAL garbage

This appears to be a reference to "Parking eye V Beavis". ................... The Final ruling will not be until later in the year.

 

Make no contact with them.

Don't get "SPOOKED". ............ and Good Luck

[ericsbrother]

In other words it is all hot air at this juncture.

 

 

As siad, their last statement is actually a contempt of court so you could complain to the SRA about this.

 

 

The SRA will not do much though, they dont even investigate fraud by their members when it is proven to occur hundreds of times.

However, complaining to them will at least show that you arent going to be bullied into paying a stupid bill that has no real justification.

Ok complaint over, back to the events.

 

So, you received 10 separate tickets from UKPCS and ignored all of them?

Tell us the dates and when you received the tickets and how they communicated with you.

 

 

Was it number plate capture of windscreen job?

If the former did you get the first letter though the post within 14 days of the event and was that letter related to one event only?

 

You can check with the DVLA to see if they accessed your details 10 times,

if they didnt how do they know who the keeper was at the time of each event?

 

Next, where did you park and is it close to where you live/work.

If so go and photograph the sign at the entrance to the car park

and tell usexactly what it says or post up image.

 

 

We need to be able to read all of it as most signage is flawed or unintelligible.

Knowing where it was can tell us who the landowner is

and also allows us to find out if they have planning permission for their signage.

No PP, no contract so no claim.

 

You can safely ignore this threat as the solicitors are acting as debt collectors using their letterhead to frighten you.

However, it may be wise to respond when you have at least one of the bits of information we asked for

to get them to prove that UKPC have any standing in making a claim.

 

 

This will then warn them that you arent going to be mugged. so, suggested response:

- The keeper of the vehicle (never say driver, they dont know who that was and the law protects them differently)

does not believe that the landowner has assigned the rights to UKPC to make claims

and take civil action to recover damages in their own name

and puts it to strict proof that such a contract exists by having sight of said contract.

 

The ball is then firmly in their court and they wont do court knowing that this will be the first thing they have to show a judge.

[HKG11]

Hi Eric,

 

 

I'm not sure how many separate tickets I received,

I didn't get a ticket on my windscreen every time.

 

 

I ignored them all, firstly as advised to do so on forums regarding this company,

and secondly because they were all issued to me where I lived at the time.

 

 

The parking area where I always parked is the car park for residents of the apartment block where I lived.

So obviously I parked there every day for two years.

 

 

There is sign outside the building, so I will upload a photo of the sign asap.

 

 

My IT manager is going to upload the Court Claim form and the letter from the Miah solicitors this afternoon for me.

Also, I have today written to Miah with regards to the strict proof that a contract exists,

and to let them know that I fully dispute and will defend the claim made against me.

 

 

Thank you for your continued advise and support,

[honeybee13]

Please make sure your IT manager obscures any details that might identify you when they post up the document.

 

HB

 

Edit: crossed posts, I see you did that. I think I would take out the claim number though, that could identify you.

Edited August 5, 2015 by honeybee13
Typo.

[fkofilee]

10 Outstanding charges?!?!?! What is that about?!

That smells really bad to me? Have they had 10 separate charges on this?

[f16]

 

 

There is sign outside the building, so I will upload a photo of the sign asap.

 

 

My IT manager is going to upload the Court Claim form and the letter from the Miah solicitors this afternoon for me.

Also, I have today written to Miah with regards to the strict proof that a contract exists,

and to let them know that I fully dispute and will defend the claim made against me.

 

 

Thank you for your continued advise and support,

 

Got the letter from Miah solicitors.Which is the usual "May, Might,Could" rubbish.

 

Court Papers ????????????

You said you only had a letter from Miah solicitors. Your post 10 First sentence.

 

You say "You lived there". Past tense.

Which means you have "supremacy of contract".

 

Post up the "Court papers" and photo of the sign at the entrance please.

[i hate bailiffs]

Court papers are in post 14

Second page!!!!

[honeybee13]

Court papers are in post 14

Second page!!!!

 

HKG, I have unapproved that post because page 2 shows both the case number and the password for accessing MCOL. Please take those out and repost.

 

HB

[HKG11]

OK HB, I am redoing this now, thank you

[HKG11]

uploaded default notice

[unclebulgaria67]

Surely all you have to do is provide evidence to the claimants Solicitors that you lived at the address this relates to and therefore enjoyed the right to park there. If you supply that, then they should withdraw the claim. End of story.

[ericsbrother]

2 things you need to do,

 

1. acknowledge service of this claim to the court

 

2 write to the solicitors and tell them that your right to park is a contract that is superior to their client's contract and therefore there is no locus standi for UKPCS.

 

Also, to clarify their position and claim you require proof of contract from their clients that assigns any rights to claim monies in their own name and take court action to recover siad monies.

 

Also, you require proof that 10 separate tickets or demands were propery issued, to this end you want proof of the original tickets if placed on the vehicle or copies of the photographic evidence if automated or remote capture plus evidence that the DVLA database was accessed on 10 occasions to ensure that the keeper details were the correct ones for each event.

 

You request this under Civil Procedure regulations for discovery of documents that you intend to use as they have been made apparent they are relevant by the plaintiff. you give them 14 days to produce such documentation.

 

Also add, that as you had an absolute right to park on YOUR OWN property you also reserve the right to make a counterclaim for harassment against UKPCS and this is notice that such action may be taken without further notice.

[HKG11]

Hi again Ericsbrother

 

Thank you so much for your invaluable assistance.

 

firstly you say I have to acknowledge service of the claim to the court. How do I do this?

 

do I complete the form and return it to them saying that I dispute it or do I do it online?

 

don't want to get that bit wrong in case a judgement is entered against me.

 

secondly, your final paragraph regarding a counterclaim for harassment,

 

should I still say this as I didn't own the property, I rented it.

Every thing else, I will do today.

 

I will write to the solicitors today.

[HKG11]

Hi Ericsbrother...

 

 

As you can see... I am still getting to grips with working my around this site...sorry for the duplications..

[honeybee13]

Hi Ericsbrother...

 

 

As you can see... I am still getting to grips with working my around this site...sorry for the duplications..

 

I've removed two of them and left the first one. If you can't see what you just typed, try hitting the Refresh button on your browser.

 

HB