UKCPS/? PCN nov 2015 Claimform - Driver-passengers observed leaving site - WEST QUAY RETAIL HULL

[Gily]

Hi everyone.

I am in the same boat.

 

Got a penalty charge in Nov 2015 and ignored it.

 

Had read the info about these kind of parking tickets and follow the advice to ignored them.

 

Had one NtK letter following the ticket and then nothing

 

yesterday when I got court claim form.

 

I will defend it but any advice from you guys will be much appreciated.

Thanks

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you, you might get missed on someone else's old one.

 

Can I just check that your claim form is from UKCPS please?

 

And can you tell us their particulars of claim [POCs], without identifying details and tell us the date of issue of the claim? This will help us to advise.

 

My best, HB

[Gily]

Hello

Yes, the claim form is from UKCPC LTD.

Reason is

Driver-passengers observed leaving site.

Thanks

[honeybee13]

Thank you. And the date of issue of the claim on the top right hand corner please?

 

HB

[ericsbrother]

well,

the reason has already been spat out by a court with Ibbotson v VCS so you should look that up for starters.

 

I would also bet that the signage is deficient in any case so tell us more about where the car park was

and we would also like to see the NTK they sent.

 

It would be laughable to think that they would believe they have a contract with the driver

and then say that the passenger was observed leaving the site

 

why not just pick people randomly from the electoral roll and say they they were observed elsewhere

so the driver must be liable for the actions of the entire population.

 

However, you must acknowledge the claim within 12 days and submit a defence within the month.

 

I would suggest that posting up an image of the signage will allow us to find even more reasons

why this claim is doomed and I bet the NTK is no better and thus no keeper liability anyway.

[Gily]

Issue date 15 June 2016

 

Hello.

I first posted this (before it has been moved to a new thread) under the thread which was same car parking and reason for fine. It is WEST QUAY RETAIL HULL.

I am trying to find out how to upload an image.

Thank you for your responses.

[renegadeimp]

They are actually trying to say their silly made up charges are commercially viable? Hahaha

[ericsbrother]

give us the address and we can google it. You should be able to see their signage at the entrance or they lose out for that as well. Another reason for asking is there is no real address on the claim form so how can the parking co claim to manage something that doesnt exist?

[renegadeimp]

btw, UKCPS NEVER get anything right. With every single ticket or claim they make huge mistakes.

[Gily]

The address is

 

COUNTY COURT BULK CENTRE

ST KATHARINE'S HOUSE

21-27 ST KATHARINE'S STREET

NN1 2LH

[dx100uk]

an you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-.Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***(1-Viewing)-nbsp

 

 

and as in post 1.

it is NOT A PENALTY CHARGE

they cant issue penalties

only police/council can.

 

 

dx

[ericsbrother]

send the AOS and let us know when you have got the other information we asked for so we can pen a skeleton defence.

[Gily]

Hello guys, those are the answers :

 

Name of the Claimant ?

 

UKCPS LTD

1200

CENTURY WAY

THORPE PARK BUSINESS PARK

COLTON

LS15 8ZA

 

 

Date of issue

 

15 JUNE 2016

 

What is the claim for – the reason they have issued the claim?

 

 

 

What is the value of the claim?

 

Amount claimed 150.00

Court fee 25.00

Legal representative's cost 0.00

Total amount 175.00

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ?

 

Not quite sure about that question. There is no mention any debt collector.

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I have not received Notice of Assignment.

 

 

Thank you very much in advance.

[dx100uk]

go up on the MCOL website

 

and ack [AOS] the claim

 

defend all

leave juris unticked

exit mcol.

 

dx

[Gily]

Hi dx

 

I have done this yesterday.

I was wondering about juris and left it unticked.

 

I am reading Obbotson case and found it useful.

Time to do the defence. I will need help with that.

 

Thanks a lot.

[dx100uk]

def not due till / by 4pm Friday 15th

[Gily]

Hi guys.

I am reading sample appealing letters to POPLa and just wonder if I can use them as my defence.

Or in court defence I need to use some different way of defense?

 

That could be my points:

1. The sum sought is not representative of any genuine pre-estimate of loss flowing from any breach of terms and conditions.

2. You allege 'Driver - Passengers observed leaving site' however you have provided no evidence of this nor, if this was the case did your employee/representative take any steps to mitigate the loss.

 

 

I have limit of 120 words to use.

Thank you.

[dx100uk]

You don't have a limit via mcol

 

If you look at recent claims in this forum

 

There are defences there

And in our sticky on homepage of this forum

[Gily]

Thanks.

Is the structure of the defence the same for all appeals?

[dx100uk]

Roughly

But you have until 15th

So no rush

I,m sure EB will help

[Gily]

I have a pic of the sign. I did not check if that is placed also at the entrance. Will go back.

 

 

 

[dx100uk]

so they can legally hold the driver captive

and stop him from leaving for the duration of the stay>>>

urm..I don't think so.

that's imprisonment!!

[renegadeimp]

That sign also isnt compliant .

[Gily]

I knew it was 1 hour free parking and never bother reading the sign. I will do in the future ☺

[renegadeimp]

Doesnt matter. The sign isnt compliant.