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Michael1990

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

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if you appealed a NTD (screen ticket) then they are not pbliged to send out a NTK.

the content and timing of the NTK's is immaterial, it is your address so of course it was you parking the vehicle BUT they still have to get the keeper details each time they send out one and so the need for the access data from the DVLA.

 

Most of what you have written in the first half of your defence is immaterial as it is irrelevant whetehr they supply you with information they are not obliged to send within a timescale you determined, it just clouds the issue.

You need to focus on what is important and for the last 2 months you have failed to grasp this. so things like points 6 and 7 drop it, it adds nothing.

no reraed what you say in points 9 and 10 and consider that they have to send stuff to the address they were given by the DVLA or yourself UNLESS you specifically indicated a different address for service of documants. You cant moan that they are following the law. So rethink and rewrite.

 

i point 5 of your putative defence you dotn say they are no longer valid you point out that there is no basis for claim on these points so they have  made a false statement in their original application and also in this version for the current hearing. You would like their entire statement  disregarded as evidence as it is clearly  not a statement of truth. ( you wnat to beef up your attack on their evidence without calling them out and out liars

 

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@ericsbrother i Apologise, but I have just been re organising what i just sent earlier so the points that you pointed out are different now. If you would mind having another look please.

 

Claim from: County Court Business Centre

Claim No. XXXX

Judgment Date: 02/01/2019

Claimant: UK Parking Control Ltd

Defendant:  XXXX

Defence

 

Below are the key points which constitute my defence regarding the alleged breaches of contract.

 

1.       Supremacy of Contract - at the time of the claimant issuing the tickets, I was a tenant on the property (as seen in evidence referenced page 3) which provides me with supremacy of contract. The tenancy agreement has precedence over the contractual agreement that UKPC issued the charge under.

 

2.       Signage. The signage at the entrance and inside the car park reads “no unauthorized parking” and “Permit holders only”.  As I was a tenant at the address and was provided with a permit and a fob to open the shutter to gain access to the car park, I was clearly authorized to park at the address and I was a permit holder, which can be seen in the evidence provided.

 

3.       Contract. I deny that I ever entered any contract with UKPC. A contract is an agreement between 2 or more parties where terms and conditions are discussed and agreed upon and signed into, which I deny ever doing. Furthermore I was in a contract with my landlord held by my tenancy agreement allowing me to park at the address in the allotted bay.

 

4.       The practice direction on pre-action conduct was not followed. I was not provided with any documentation regarding the alleged breaches, despite requesting it (as seen in evidence referenced page 1).

 

5.       UKPC had previously sent Notices to Keeper to the vehicles keepers address but had not attempted any contact at that same address regarding the claim.

 

6.       Two of the parking tickets (pcn ref. 1 and pcn ref. 2), which form part of the claim, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6).

 

Therefore there is no basis for the claim for these points so they have made a false statement in their original application and I would like their statement disregarded as evidence as it’s clearly not a statement of truth.

 

7.       No Notice to Driver was ever placed on the windscreen of the vehicle with the exception of 10/01/2015 where I appealed the charge. Therefore under POFA 2012 schedule 4, the time by which the Notices to Keeper should have been received was overdue.

 

8.       No notice to keeper was ever received for the charge referenced, 6 on 05/01/2015 which is a violation of POFA 2012 schedule 4.

 

9.       Lack of Evidence.

There was no evidence provided to myself showing the alleged breach with the number plate of my vehicle in view and any signage in view. T

here are only the images of the back of the vehicle showing the bay number and the vehicle registration printed on the notices to keeper.

 

10.    I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence.

 

11.    My appeal was upheld for the first two charges and these were cancelled by email as can be seen in the supporting evidence, yet they were included in the claim.

 

12.    I wrote a letter to UKPC on 25/02/2015 informing them that I received 7 charges yet I received no notice to driver on the vehicle and that I spoke with an employee on 06/02/2015 who advised me that I request they be revoked which UKPC refused to comply with.

 

13.    I wrote a final letter of correspondence to UKPC on 31/03/2015 requesting that before the matter escalates any further, I would like UKPC to send me any and all relevant evidence regarding the alleged breaches of and if I did not hear from them within 14 days ( by 14/04/2015) I would consider the matter closed. I received no such evidence from UKPC on request, only a letter dated 15/04/2015 stating that they had made their final decision.

 

14.    I received no further correspondence from UKPC and assumed the other 5 charges had been cancelled.

 

15.    I moved to my new address on 05/06/2015 which was 66 days after my final letter of correspondence and I still had received no evidence for the accused breaches.

 

16.    I am unaware of UKPC having sent further correspondence to my former address, but if they had, I was not aware of this. I had always corresponded with them in a timely fashion previously. In the absence of a response, they should have had reason to doubt that the address was still my place of residence.

 

17.    UKPC sent all Notice to Keepers to the address XXXX yet when it came to sending the claim documents and court documents, there was no receipt of these at the keepers address which leads me to believe UKPC had sent it to the where I was previously a tenant at XXXX.

 

Therefore, if UKPC knew the address from my registered keeper details, I fail to understand how they did not manage to send me all the correct documentation to the same address as the notice to keeper.

 

Below is the chronological order of events as they took place.

 

I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC.

The parking provided was closed off by an automatic shutter gate which required a remote to open.

 

This is where i received a total of 7 parking charges in the space of 1 month

- despite displaying a valid residents parking permit which was provided to me by the letting agency as part of my tenancy lease agreement ( as seen in evidence referenced page 3).

 

The charges were received by me as Notices to Keeper at the address XXXX

After a lengthy and unnecessarily difficult appeals process,

the first 2 that were issued (pcn ref. 9 and pcn ref. 2) were cancelled by UKPC

(as seen in evidence referenced pages 4, 5 and 6).

I then received yet another 5 charges

 

after numerous correspondence back and forth where they became uncooperative and failed to provide me with the evidence requested (as seen in evidence referenced page 1),

 

at this stage the cost escalated from £15 to £160 for the 5 tickets

they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets.

 

I responded with a final letter in reply (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded.

I did not receive any further correspondence from UKPC and assumed the matter was closed.

 

In February 2019 during a routine check of my credit report, I found that I have a default CCJ had been issued against me due to court action taken by UKPC without my knowledge, for all 7 tickets totaling £1,270 including fees.

 

No intent of claim was received at address XXXX yet this is the address where the notices to keeper were originally sent.

 

I believe the claimant has behaved unreasonably by not allowing the appeals when a permit was provided, by Not providing Notices to keeper either in time or at all and by not using the correct address for the documentation relating to the claim

- which they had used to send the notices to keeper.

 

UKPC did not behave in a way where I could resolve the matter in a timely fashion by not providing me with evidence when requested,

which if they did,

the matter could have been resolved at the time without going through lengthy and expensive proceedings.

 

According to publicly available information my circumstances are far from being unique.

 

UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.

 

Statement of Truth:


I believe that the facts stated in this Witness Statement are true.

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@ericsbrother As well, I went to get some help with my defence from some legal help. They replied to all the information i sent them and this was there reply via email

 

Having given the matter some thought, my view is that the actual court proceedings wording needs to be challenged as they have done a typically lousy and generic job of wording the particulars of claim.

 

This approach has worked when I have attempted it in the past, with the court striking out the claim.

 

I attach the draft defence document for you to peruse and if you are happy with the contents,sign and date the statement of truth and file 2 copies with the court and send a hard copy to the Defendant's solicitors.

 

You do not of course have to proceed with this Defence and you can of course seek to challenge each individual ticket. The only real challenge that exists is whether the court considers you have properly displayed the permit or not on each occasion. The images you have sent would suggest a PCN was attached to the windscreen on each occasion. Do you dispute that happened?

 

If you file the Defence attached, within the covering letter to the court I would suggest you also insert the following wording

 

"In light of the contents of the Defence, I request that the Defence is put before a proper officer of the court or Judge to consider the striking out of the Claim at this stage, prior to issuing directions questionnaires to the parties"

 


If you disagree with the contents of the Defence or the approach that comes from it, then you still have until 24th May to get an alternative Defence filed.

 

 

 

They also sent a defence so please have a look and if I could get your opinions on it, that would be amazing. It is as follows;

 

In The County Court Business Centre       Claim No: XXXX

 

 

UK Parking Control Ltd

 

                                                                                                                         Claimant

-V-

 

XXXX

                                                                                                                         Defendant

 

__________________________________________________________

 

 

DEFENCE & REQUEST FOR CLAIM TO BE STRUCK OUT

__________________________________________________________

 

 

 

1-     The Defendant does not admit the pleaded claim as he is unable to determine from the pleadings what the Claim is actually for and what it comprises of as it has not been adequately pleaded, nor can the Court.

 

2-     The particulars of claim fail to comply with CPR r. 16.4 (1) (a) in that they do not contain a concise statement of the facts on which the Claimant intends intend to rely or any breakdown of the sum that has been claimed, how this is arrived at, so the Defendant cannot plead a full Defence to the action or assist the court with determining the issues.

 

3-     They also fail to comply with Practice Direction 16 paragraph 7.5 where they fail to set out details of the agreement they assert was breached.

 

4-     The Claimant is represented by a firm of solicitors. One would presume they are fully conversant of the Civil Procedure Rules and might be expected to submit a fully compliant set of Particulars.

 

5-     The Particulars give the impression of being a template intended to deal with a variety of situations that therefore fail to address individual circumstances so the Defendant is unable to plead further at this stage, other than to deny the alleged claim.

 

6-     In light of the above circumstances, the Defendant requests the Claim be struck out forthwith.

 

7-     In the alternative event the Claim is not struck out by the court pre-allocation and the Claimant files a CPR-compliant amended particulars of claim, after seeking permission from the Court and, being granted permission to do so, the Defendant shall file an amended Defence within 14 days of service of such notice requiring him to do so.

 

 

Statement of Truth

 

I believe the contents of this statement to be true to the best of my knowledge and belief.

 

Signed ………………………………………. –


Date   ………………………………………...

 

 

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What is this ill conceived piec of waffle?

you say send it to the defendants solicitors

yet you are the defendant and you dont have a solicitor

In short it is arse about face

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@ericsbrother It's just what i received not long ago from a legal motor protection company which offered to help me draft a defence as I am struggling to make a good one myself.

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On ‎09‎/‎05‎/‎2019 at 15:51, Michael1990 said:

And I'm not sure how to write that I want them them to pay the £255 set aside plus my missed wages for it.

 

That was in the 5 point draft order that you attached with your form (didn't you??).

 

What is the exact wording on the new order?

 

On ‎20‎/‎05‎/‎2019 at 17:19, Michael1990 said:

6-     In light of the above circumstances, the Defendant requests the Claim be struck out forthwith.

If you want the claim struck out and summary judgement to be made then you should use form N255 and pay the appropriate fee.

That defence is mostly twaddle.

 

It may make the court order them to submit detailed particulars of claim,

but if they decide you should know and don't make that order,

then you have a defence that covers NONE of your main points.

 

Your lease,

POFA fails,

signage,

cancelled tickets,

contract with landowner

etc etc

 

Your defence has to be in by tomorrow.

What have you got?

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On ‎20‎/‎05‎/‎2019 at 17:27, Michael1990 said:

@ericsbrother It's just what i received not long ago from a legal motor protection company which offered to help me draft a defence as I am struggling to make a good one myself.

that was stupid

run with CAG not somewhere else.

 

dx

 


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54 minutes ago, Mrs O'Frog said:

That was in the 5 point draft order that you attached with your form (didn't you??).

 

What is the exact wording on the new order?

 

If you want the claim struck out and summary judgement to be made then you should use form N255 and pay the appropriate fee.

That defence is mostly twaddle.

 

It may make the court order them to submit detailed particulars of claim,

but if they decide you should know and don't make that order,

then you have a defence that covers NONE of your main points.

 

Your lease,

POFA fails,

signage,

cancelled tickets,

contract with landowner

etc etc

 

Your defence has to be in by tomorrow.

What have you got?

n255 is high court only

 

dx


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N255 is a Default Costs Certificate for County Court...I think  Mrs O'Frog means N244

 

Andy


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Posted (edited)

Ah - typo N244, apologies (in my defence that was at 2am m'lud!).

(there is also a CC version of the N255, but that's for costs and not relevant here)

 

Here are a couple of links relating to strike outs Michael. Note in one they say that badly worded applications mean that although people may get the claim struck out, they don't get summary judgement. As you can see your "expert" has not asked for judgement, just a strike out. Nor have they asked for costs, so dependent upon the wording of the court order for the set aside (hopefully mirroring the 5 point draft order that you submitted?), it could be bye-bye £255.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/pd_part03a

http://www.civillitigationbrief.com/2018/04/05/civil-procedure-back-to-basics-1-the-humble-application-wording-and-timing/

 

They have worded it defence AND request for claim to be struck out.

1) There is no defence there, just whinging about the claimant (point 4 especially - sounds like a petulant teenager)

2) The court might be miffed that you are trying to bypass proper procedure and take that as your defence, even though it contains nothing relevant.

 

You need to submit a defence, not a witness statement. They are interested in the main points of law that you will be arguing. They don't care at this point who wrote what and when. By all means complain about their sparse particulars of claim and ask for leave to amend your defence if they provide full particulars at a later point.

 

All the bits about why you got the default judgement, about them not bothering to write etc are all ancient history now and totally irrelevant. You got your set aside so that judgement has gone. View this as a completely new claim and forget the old one.

 

Key - don't bore the judge and P them off with waffle.

Show us what you have before time runs out.

 

Yep - well spotted Andy (posts crossed 😊)

 

Edited by Mrs O'Frog
Crossed posts

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Normally after a set a side it is acceptable to submit a fully particularised defence come witness statement style response...we are past the initial defence stage.


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there is no magic to this, just hard work.

We have been over the points you need to raise and what you need to do is put them clearly into a single document that refers to the examples you have looked up and submitted as part of your evidence bundle.

the draft for a strike out isnt helpful as YOU are the defendant, not them.  You can use many of the points about rubbish POC, not clear why they are syuing you ( breach of contract or contractual claim) where they have added claims that have already been dealt with ( again use this to rubbish the quality of the rest of their submission and make ity clear that their statement of truth is anything but true).

You do need to expand on the simplest of statements such as signage not an offer of a contract but prohibitive in nature. there are bags of examples spread around this forum and in theprking pranklsters blogspot but you dont seem to be reading them. If you had doen so you would have been back here to ask us wheter this is the correct one for applying to your case etc.

In short, you need to show somehting to support your claim, the more bits of paper you canwave that challenges their claim the better. Judges like precedent so show them an example rather than just saying "I read it somewhere but didnt bother to bring it with me"

 

Trials replace swordfights and you wouldnt turn up at a swordfight unarmed just becasue you know you are right.

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Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either. 

 

I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence. 

 

When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are. 

 

Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome! :)

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