UKCPS County court claim form received

[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.

[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.

[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.

[ericsbrother]

It doesnt matter that you rented,

as the occupier you have a right to "quiet enjoyment" of the property and that includes the curtillages,

which is pssh words for rights over the land that is not necessarily yours.

So, yes, let the parking co lawyers know that you bite back!

 

 

There is a case that was posted up in this section of the forum about a year ago where someone sucessfully sued a parking co for harassment

and they had to promise never to go near his parking spot again or get done for contempt of court a

s well as having to pay a wedge for the harassment in the first place.

 

 

Wouldnt have happened if they had seen sense and just stopped ticketing his car

but they thought they had a god (or estate management company) given right to mistreat people and they found they didnt.

 

 

Trawl the past threads and find it and quote the case (ie: Bloggs v VCS at the xxx county court 2014) and you may find that their attitude will be self-adjusting.

 

Whislt you are waiting for the paperwok to be processed it would be worth letting us know what paperwork you actually received

and when and also do a bit of research to help your defence.

 

 

Ask the council planning dept that whether UKPCS applied for and was granted planning permission for their signage at the site

as per the requirements of the advertising display hoardings regs of the Planning Act.

 

 

If they dont have express planning permission then the signs are there illegally and no contract can ever be formed that is based upon a criminal act.

Get your response in writing and they are sunk if they havent got the PP without having to consider anything else at all.

 

 

If applicable this should be your second defence point after supremacy of contract.

You may need to have a gander at the lease for the flat where it lays out other covenants for parking, washing lines, lawn mowing etc

but this will be obtainable from the Land Registry for £3 if you cant get hold of it from elsewhere.

 

 

You have about amonth to get all of this but get cracking as soon as possible and if you find the killer lack of PP

then let their solicitors know that you will be making a complaint of their criminal activity to all and sundry, esp the judge at your county court.

[ericsbrother]

To answer the last question first,

no, you have to send in your defence or at least an outline of what it is.

 

Supremacy of contract is where, for example, you own a piece of land and rent it out to someone. that person decides to put up a "no parking" sign and when you park on your own land they say that you owe them money for breaching the no parking.

 

 

Well, the no parking would apply to people who would otherwise commit trespass but as you own the land it cannot apply to you as your rights are superior to the person you have rented the land to

 

 

No manager can tell you what you can and cant do if your own purpose is lawful.

 

The leaseholder of the flat you rented would have those rights and has passed them on to you (unless they stipulate that they havent, in which case they will be uing the car park and not you)

 

 

and therefore the contract signed between the estate management co and the parking co does not apply to owners or occupiers of the flats unless the lease at the time of sale specifically gives that right away.

 

 

This means that when the managing agents say you must have a parking permit that is for their administrative convenience and does not take away the rights to park, just make it easier to identify who should and shouldnt be there.

 

 

the parking co's are supposed to cancel the tickets of those who are properly there but they are mostly stupid and arrogant so they dont.

 

 

This has landed a couple in court with big compensation orders and asbo's for repeatedly ticketing cars that are parked properly but not having permits because they arent required.

 

So, in your case, if there is a parking place that goes with the flat you can use it as you wish as long as that doesnt break the lease or interfere with other leasholders right to "quiet enjoyment".

 

It is for the parking company to make their claim, not for you to disprove it so make them work and make them suffer.

 

Phone the planning dept and ask about planning permission for the signs.

If there is none then as said, they are criminals and so no contract can EVER be formed with them.

 

 

Make the solicitors answer the points as they have probably agreed to take this on for £50 thinking it to be a walkover.

 

 

By making them squirm and constantly refer back to their client they and the parking co are burning money.

 

 

If they cannot answer even ONE of your points they are lost so they may well advise their client to discontinue upon thinking about what you demand of them.

 

 

They are expecting you to roll over and pay up because you have an official claim signed off by a solicitor.

It doesnt matter that they are solicitors, they still ahve to follow procedures.

 

On this last point, when did you get their "letter before action" and did it mention the Civil Procedure Regs?

If not that is another one to ask about and beat them with in court. they should know better.

 

 

If you did receive such a letter when did you get it?

We are still waiting for the full timeline for the 10 claims and how they became lumped togehter. You must tell us otherwise you will be losing out on a lot of help with the small things.

 

Planning permission would be needed.

It is not something they would have to pay for but they would still need to apply

so the person you spoke to is wrong.

 

 

Deemed consent applies to various street furniture like bus stops, sefety signs,etc, estate agents signs and the like but not a sign big enough to be considered legible for a contract with the public.

 

 

I could read this as no PP has been granted so again, when the solicitors try and fob you off you can respond and say that you know their client doesnt have PP and is thus breaking the law..

 

 

For the moment ask them about whetehr they have it or not,

I bet they say it isnt needed or is deemed consent.

 

 

We know this is wrong so let them put it isn writing first and then hit them with their own stick.

[ericsbrother]

Right, you still need to make the solicitors provide the evidence that 10 separate tickets were issued individually,

along with the other bits I said.

 

 

As it is key fob then that almost seals the deal for showing supremacy of contract,

you were given a key to access your parking space and therefore the managing of the parking isnt done by anyone

so how can a contract be formed?

What is there to consider and accept?

 

That aside, when you get to see the contract between the parking co and the landowner

it wont be the landowner but the managing agents of the block,

who dont have the rights or powers to sign away your rights.

 

 

The parking co will knwo this and so will the solicitors so they will try and claim "commercial confidentiality" for the contract.

 

 

Dont let them get away with that, a complaint to the judge is in order if you dont get the contract

within 14 days of asking for it as a CPR 31.14

 

 

Dont accept bull from them,

 

 

they either put up or shut up.

[ericsbrother]

Then should Miah's represent the claimant in court you make sure that the court knows that you have sent the CPR 31.14 and they have failed to answer any of the requests. You request that their claim be struck out as having no cause and that UKPCS have no locus standi