Backdoor UKCPS CCJ for 7 PCNs 4 years after I changed address

[Michael1990]

Ok I'll get everything together and let you know, but as this was 4 years ago and back then I did not realise how this can come back to you, I don't have any pictures from back then, the majority I had I ended up chucking thinking it was dealt with (naive I know, I was younger then ) 

 

No, it was only a notice of hearing of application so nothing to submit and no deadlines. Just a date and time for the hearing

[ericsbrother]

already told you,

you take everything you can so you can go for a summary determination if possible.

 

If the parking co doesnt bother to send someone along to try and object to the set aside then you will be meeting in court again at some point in the future where you will have to provide all of the evidence to rebut their claim and that will include the sigange etc so you might as well spend a day going to wherever and getting it now.

 

You can then ask for the judge to make a determination if they have turned up as it wont be ambushing them and it will save the cost of another appearance and the risk that they decide they think they have a chance of winning if they tell a pack of lies that you have fialed to produce evidence to the contrary for.

 

So, you look at the Parking Pranksters blogspot and copy all of the reports there that are about residential parking and especially those where supremacy of contract was the key issue. 

 

You send these to the court NOW so they can be included as evidence.

Just refer to them as a whole in your Witness Statement that will include what you have already written and anything else that you have come across since.

 

With luck UKCPS may well throw in the towel, esp if you are going after them for ful costs if they dont agree to drop the matter

[Michael1990]

Hey guys, so I received a letter today, dated yesterday (16/04/2019) with a statement of claim for the costs of sending someone to the set aside. 

 

Is this something they can do? Is it based on whether I lose that I have to pay it? I'm not sure about it. But it look like they have the intention of sending someone to attend the set aside hearing.   

[honeybee13]

Hi.

 

Could you post up the letter please, minus anything that could identify you?

 

HB

[renegadeimp]

They're trying to scare you into not setting aside the claim.

The ONLY costs involved are the court fees.  

[brassnecked]

They will do anything including lie and cheat to stop you setting aside their claim.

[Michael1990]

Here are the pictures of the letter with my information blacked out.

 

Hi guys, 

 

I'm in the process of getting my evidence in order atm, I'm just wondering as I am self employed and I am supposed to work a night shift the night before the hearing, I plan on taking the shift off, is this something I can add to the draft order on the day, for ukpc to reimburse me for the loss of wages due to having to appear in court? 

 

Any advice regarding this is extremely helpful thanks    

[AndyOrch]

Yes Michael you can claim loss of earnings up to £90 per day ...you may be required to produce evidence you have had to take time off unpaid and of course its only awarded if your application is successful and the amount awarded is at the discretion of the court. 

 

Andy

[Michael1990]

Up to £90? Now what action could I take if that's not enough? As I work 12hr shifts at a high rate due to the industry I work in. I earn £346 in a shift so that seems like a lot of money to lose

[AndyOrch]

Well the hearing will only last 15 mins....take it up with the Judge but we dont set the limits 

[ericsbrother]

Already said ad nauseam,

the judge has to allow the set aside as long as you stand a chance (not even 50/50) of actually defending the claims in the rehearing so them asking for costs is just a way of trying to put you off as they will not be successful. You wont get yours either at this stage but if they do send a rep then you HAVE to have some evidence that your defence will be successful

 

I dont care how far away the place is to where you live now you go there and you take pictures and you take a copy of the lease of the flat to show you have superiority of contract. them serving the papers on an address they know you dont live at will get you  a long way but you still need EVIDENCE. Treat it as though you are being paid £700 per hour as that is what you stand to gain by beating this.

 

Now stop moaning about what you can lose,  you take a days holiday and ask for the costs at the full hearing if it gets that far.

that is what the parking co is trying to avoid as they know they will get hammered for all of the costs there.

 

You need to show your losses though and that they have failed to try and avoid these costs.

By making stupid claims for their costs they have given you half of what you need already

 

This part is at your request so unless you can show beyond any doubt that they have been totally unreasonable and they knew they had no chance of success you take the costs issue to round 2.

 

You do however have all of your costs laid out on paper and sent in to the court  and copied to them at least 7 days before the hearing so it can be considered if the parking co decide to drop their hands.

[Michael1990]

@ericsbrother I am 100% going to take pictures today, I already have pictures off the outside, but I am going to get them inside the parking area today! I also have the lease downloaded which I am going to print today as well. 

 

I have been on pranksters blogspot and found similar cases which I will note down and refer to. I also found a damming article where ukpc was found to be issuing doctored pcn's around the same time as my charges were issued! So I am going to use that as to why I think they had not sent me evidence of the "breaches" when I requested them. 

 

There is also this I found on moneysavingsexpert  https://forums.moneysavingexpert.com/showthread.php?t=5965305 which is very very! Similar to my case so I was going to use sooner points from that as well to bring up. 

 

Let me know what you think

[ericsbrother]

you dont note down and refer to,

you take copies of everything you can and you send it to the court ( and the parking co) ideally 14 days before the hearing but at least 7 days.

 

You cant refer to anything you haven't submitted as evidence so take screen shots or whatever and print them off.

Then you can use them.

 

That is why i say you chuck the kitchen sink at it this time and you might not need another hearing.

If the lease says the parking spot is contained then you go for a summary trial and shove this point right up their solicitors nose. 

if I turned up at a knifefight with a gun I certainly wouldnt sit there waiting to get stabbed before I opended fire

[Michael1990]

Well my court date is the 24th, which gives me 5 days and it's Easter weekend, so when I send it now will I be able to use it?? 

 

I have just looked through my lease agreement and there is nothing! About parking. Not a single thing. So can I use that?

[ericsbrother]

why are you asking instead of pulling your finger out and doing things? email, fax etc they all get there.

 

you had had warnings and time to get this done but you have sat back and done nothing until it all becomes critical. Yiou had better have a  judge that cuts you some slack and appreciates that you actually have evidence to show you could have beaten this years ago but the way you are going the judge may think that you are not bothered so start looking up the court fax number andat least show that you have something even if it cant be used on the 24th.

 

If ScS pitch up you can be damed sure they will go for the kill as you havent filed in time but the judge should know that you do have something.

 

fax it to SCS as well so they lose soem of the wind in their sails

[Michael1990]

Hey guys,

I just had the hearing for the set aside.

 

Now, I went in with absolutely everything and everything I was going to say in order (so I wouldnt be umming and confused to what I was trying to say).

 

However, I had no chance to really talk since UKPC's representative from SCS law was given instruction by UKPC to consent to the set aside (though they are going to claim costs).

 

Every time I spoke to make one of my points or show pictures or evidence, the judge just said it will be dealt at a later date, he was not interested in anything I had to say since the consent for the set aside was there.

 

now, it will be going to trial and I have to send in my defence by 24 May.

 

I got the set aside, now I just need to put a defence  and wait for a questionnaire and further instruction.

[brassnecked]

They must have realised they messed up as they consented,

you now look closely at advice on your thread from ericsbrother and others regarding the evidence you need to blow them away at a later hearing to kill off their claim. 

 

They will have messed up somewhere, their inclusion of the two tickets you say were paid. 

In any case there is an issue of Supremacy of Contract, and their contention of not clearly displaying due to a smidgen of corner notvwisible is a trifle and of no consequence that might be part of your case as it is churlish where the  actual printed details on the Permit of itself is clearly visible . 

 

there is much you can  put forward but you will have to research around the pointers you have been given.

[Michael1990]

Yes, that is exactly what I'm going to do, I have a lot of the information already I just need to get it together as my defence

[ericsbrother]

they have done this to avoid a summary trial and to reserve their right to claim costs if they win next time.

If you had got your stuff posted in a week earlier you could have gone for that yesterday and they would have lost there and then because they were represented but had no paperwork in front of the judge in the requisite time.

Now the same applies to you as well so they stand to lose quite a tidy sum as you will have 2 lots of lost earnings and travel etc.

 

make sure that you get it all listed and this time you make sure your paperwork is sent in by the time stated on the hearing allocation letter but if that doesn't arrive you get it to court by the 10th may (copy to parking co) and them complain like hell if they fail to submit in time.

 

We will help you with the wording of that as well if it comes to it but you wont know untill the 11th may

[Michael1990]

I tried like hell to get my point across but the judge genuinely had his mind set as soon as their representative said they agree to the set aside. But no changing that now

 

so right,  I have all the information I did before as I sent in a previous post which showed the witness statement, defence etc,

do I need to rewrite everything into one single defence now that it is going to small claims court as a trial?

 

As well, should I ask for ukpc's evidence from scs law to see what they are going to use as their evidence? 

[ericsbrother]

You were too late to get you point across, he cant listen to anything produced on the day as you ahve to have it sent in beforehand in the prescribed time as already explained.

 

no point in asking SCS for anything, they will have to produce it or they will get nowhere.

they will also have to pay a listing fee for the claims as they didnt need to last time and this might just stop them in their tracks despite all of their noise. If they fail to send you their evidence then they will be stuffed by procedure regulation.

 

Do you need to write it all up as one now?

of course you do and you need to get it into court by the 10th may, copy to SCS law.

 

If they fail to get theirs to you by 4pm on the same date them you whack in a complaint to court and ask that all of their submissions sent after that cut-off are thrown out as inadmissible.

 

this is why we say no email, they often submit their stuff by email after the TIME and claim that you got it and no harm done,

sorry about that etc when all they were doing is waiting for yours so they could copy your homework.

[Michael1990]

Unfortunately the judge wouldn't listen to even what I had! I was trying to explain about the 2 tickets which they themselves cancelled which I had sent in as evidence and he cut me off mid sentence! I was really taken aback by that and it felt like I wasn't even a part of what was going on the whole time (this was my first time in any court and I thought I'd at least get to talk haha). 

 

Right ok, I will get some copying and pasting and organise everything I have and order it logically and evidence everything in said order and I'll copy it and paste on here for improvements.

 

As for the cases that I printed off about ukpc losing residential cases, where/when in my defense do I reference them? So I know where I can add them into the lot too. 

 

Thanks a lot  

[Mrs O'Frog]

Just - doing a double-take on dtaes here. You said you have until 24th to sbmit your defence - that's not your hearing date is it? If it is, read 10th as per EB's post.

[Michael1990]

Yes, the 24th of May is the deadline to submit my defence to the court. The hearing date will be given after that I believe

[ericsbrother]

On ‎29‎/‎04‎/‎2019 at 16:33, Michael1990 said:

Unfortunately the judge wouldn't listen to even what I had! I was trying to explain about the 2 tickets which they themselves cancelled which I had sent in as evidence and he cut me off mid sentence! I was really taken aback by that and it felt like I wasn't even a part of what was going on the whole time (this was my first time in any court and I thought I'd at least get to talk haha). 

 

Right ok, I will get some copying and pasting and organise everything I have and order it logically and evidence everything in said order and I'll copy it and paste on here for improvements.

 

As for the cases that I printed off about ukpc losing residential cases, where/when in my defense do I reference them? So I know where I can add them into the lot too. 

 

Thanks a lot  

 

you keep repeating yourself but dont appear to have let what I said sink in.

 

the judge COULDNT listen to you because you hadn't submitted the evidence in writing to the court in the correct time so you had nothing to say because you had no evidence!

 

luckily SCS werent bright enough to file and go after you on the day which indicates that the evidence may well be lacking.

 

now what exactly was the order of the court

- they usually give a date for a hearing and order the production and exchange of evidence 14 days before that hearing.

 

If you were told to exchange by the 24th then it may be you are on a waiting list and that you may get as little as 7 days notice.

I have had a hearing with 3 days notice and that got cancelled as the judge was away.

 

It also means that only a short time has been allocated for the hearing, probably half an hour.

 

make sure that all of your stuff can be got through in that time or you might be sitting outside after a short adjournment whilst other court business is done and them have to go back in again.

 

the lawyer for the parking co will be nice to try and get you to say something damaging to your case so beware of idle chat.