UKPC ANPR PCN PAPLOC Now Claimform - vehicle on site during restricted no parking period - Rom Valley Retail Park, Romford *** Claim Dismissed with Costs awarded***

[wv600]

1 Date of the infringement 17/03/2023

 

2 Date on the NTK  21/03/2023

 

3 Date received 22/03/2023
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES
 

5 Is there any photographic evidence of the event? Yes, entry and exit photos
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] post it up Not applicable as not appealed yet
 

7 Who is the parking company? UKPC

 

8. Where exactly [carpark name and town] Rom Valley Retail Park, Romford, RM7 0AF
 

For either option, does it say which appeals body they operate under.

British Parking Association (BPA)

 

UKPC Rom Valley Retail Park-1redacted.pdf

[wv600]

Thanks dx100uk

 

I've uploaded pics of the signs from Google streetview using postcode RM7 0AF.  It was dark and I didn't see any of these signs as I parked on the right as you enter (marked with red arrow) and there are no signs against the building on that side.  The sign at the entrance is also very small so had no idea there were restrictions.

 

 Unfortunately I'm not local so would be difficult to get clearer pictures of the signs.

 

Pic 1 & 2 - Sign at entrance

Pic 3 & 4 - Signs when you exit

Pic 5 - Signs inside the carpark - Zoomed but not clear enough 

Pic 6 & 7 & 8 - Shows where I parked (red arrow) and nearest sign (yellow arrow)

Signs.pdf

Edited March 26, 2023 by wv600

[wv600]

Notice To Keeper - Final reminder

 

Received this in the post a couple of days ago - continue to ignore?

Notice to Keeper - Final Reminder.pdf

Edited April 14, 2023 by wv600

[wv600]

I have now received the attached LETTER OF CLAIM in the post.  Please advise next steps....

Many thanks in advance

 

Letter of Claim.pdf

[wv600]

Thanks Honeybee13 and Nicky boy for your replies....

 

I have drafted the following snotty letter, ready to post 27 days after the date on the Letter of Claim letter(14 June), so if I understand correctly, on 11 July? 

 

Any feedback appreciated!

 

Dear UKPC

 

I have received your letter dated 14 June 2023 headed: “Letter of Claim”.

 

Now, I’m surprised people still fall for your bullying tactics……Well, sorry to disappoint, but I don’t!  So I suggest you focus your efforts elsewhere as I have NO intention of paying the sum mentioned in the letter AND I am fully aware your claim has NO basis in law.

 

Perhaps you could spend your time more constructively, as it would be wasted in this instance.

 

I shall not respond to any more of your harassment letters, unless you decide to waste the Courts valuable time – in which case I would be more than happy to defend myself and send you packing with your tail between your legs.   So please stop wasting my time and save yourself the embarrassment!

 

Yours truly,

[wv600]

Hello all,

I have received the attached letter from UKPC in response to my snotty letter.  Interested in comments, observations and suggestions on what to do next.  Snotty letter also attached:

Many thanks!

Response to Snotty Letter.pdf

 

Snotty Letter.pdf

[wv600]

Hello all,

I have now received the Letter of Claim, see attached.  Also see my answers to the questions below.  Appreciated any comments and guidance on next steps.  Understand I have to Acknowledge Service, will do that in the next day or 2 on the back of any guidance received.

 

Which Court have you received the claim from ?

1. MCOL Northampton N1 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) - DONE

Name of the Claimant : UK PARKING CONTROL LTD, UNION HOUSE, 111 NEW UNION STREET, COVENTRY, CV1 2NT          

Claimants Solicitors: NONE STATED, ONLY LEGAL REPRESENTATIVE - ANGELIKA BRZOZOWSKA

 

Date of issue – 14 AUGUST 2023

 

Date for AOS - NOT YET DONE, UNDERSTAND IT IS 19 DAYS FROM DATE OF ISSUE, THEREFORE BY 4PM ON 1 SEPTEMBER 2023 

Date to submit Defence - UNDERSTAND THIS TO BE BY 4PM ON 15 SEPTEMBER

[NOTE : WHEN CALCULATING YOUR TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN ANY COUNT [an example: Issue date 01.03.2020: + 19 days  = 19.03.2020 :+ 14 days to submit defence = 02.04.2020: a total of 33 days]

What is the claim for – SEE ATTACHED LETTER OF CLAIM

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (PCN) issued to the vehicle xxxxxx at Rom Valley Retail Park, Rom Valley Road, Romford, Essex, RM7 0AF.

2. The PCN details are 17/03/2023, xxxxxxxxxxxx

3. The PCN was issued on private land, which is managed by C.

4. The vehicle was parked in breach of terms and conditions provided by signage (the contract), resulting in the PCN.

5. The driver agreed to pay within 28 days but did not; D is liable as the keeper. Despite requests, the PCN is outstanding.

6. The C claims £170 being the total of the PCN and damages.

7. C claims costs and court fees.  The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 17/03/2023 to 11/08/2023 on £170.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.02

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION  - ATTACHED

What is the value of the claim?

Amount Claimed  - 170.00

court fees - 35.00

legal rep fees  - 50.00

Total Amount - 255.00

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?

 

Letter of Claim Redacted.pdf

[wv600]

Thank you dx100uk and brassnecked for your replies.

I have submitted the AOS on the Moneyclaim website today and will post the CPR 31:14 letter to UKPC Ltd tomorrow (no solicitors mentioned anywhere, only a legal representative, ANGELIKA BRZOZOWSKA, so do I address the letter to her at the UKPC LTD address?).

At no point have I admitted to being the driver.

Do I need to do anything else at this stage?

Thanks in advance!

[wv600]

Hello all,

I have prepared the following defence, would appreciate some feedback before filing it.  Many thanks in advance!

...................................................................................................................................................................................................................................................................

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.  The Defendant is the recorded keeper of the xxxxxxxxxxxx registration xxxxxxx.  The Claimant is not in a position to state if the Defendant was the driver at the time.  

2.  It is denied that the Defendant entered into a contract with the Claimant as stated in paragraphs 1, 4 and 5 by the Claimant.

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  The Claimant is also adding fictitious “Legal Representative” fees when not using a legal representative.

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

[wv600]

I have added another line to my defence below:

7 Not withstanding the above on 29 August 2023 I made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request.

[wv600]

I have also added the following:

 

Therefore the Claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 

The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 

The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.

 

 

[wv600]

Thanks Nicky Boy - so just stick to points 1 - 6 above?

[wv600]

Hello all,

Thanks for all your assistance to date.

Unfortunately I had already filed the standard defence as per Nicky Boy's 1st reply, so did not include the subsequent comments from FTM Dave, Nicky Boy and brassnecked in my defence.  Please see attached for the defence filed.

I have also received the following in the post:

1) Small Claims Track from the Court - I've completed this and send copies to the court and UKPA with certificate of postage.  Said No to mediation and determination without a hearing.  Can scan and upload a copy if needed.  

2) CPR 31:14 Reply from UKPA - Copy attached in 2 parts due to size.  Note that they did not send details of planning permission for signage as requested.  They also didn't send a copy of the Landowner contract, only a witness statement.

3) Reply to Defence and Small Claims Track from UKPA - Copies attached

Is there anything else I need to do at this stage?

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Defendant is the recorded keeper of the registration .

The Claimant is not in a position to state if the Defendant was the driver at the time.

2. It is denied that the Defendant entered into a contract with the Claimant as stated in paragraphs 1 , 4 and 5 by the Claimant.

3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by Defence Particulars the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim.

4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. The Claimant
is also adding fictitious "Legal Representative" fees when not using a legal representative.

6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any
relief at all.

Reply to Defence and Small Claims Track.pdf

Reply to CPR request.pdf

[wv600]

Hi dx100uk,

I used the MCOL website to file the defence. 

The form I uploaded is a printout after it was filed.

Attached is the status of the claim from the MCOL website - says DQ sent out to me...(does not mention claimant)

MCOL - MoneyClaim Online - Status Summary - details removed.pdf

[wv600]

Thanks for reopening the thread HB.

My case has been allocated to Hertford Magistrates court for 16 May 2024.   The claimant (UKPC) has to pay the court fee by 18 April.

I have to provide copies of all documents to the court and other parties no later than 14 days before the hearing.

Could someone please point me in the right direction on where to find guidance for the next step?  I understand I have to compile a witness statement also.  Any help and guidance at this stage would be much appreciated.

Many thanks in advance!

Notice of Allocation.pdf

[wv600]

Thanks for the guidance FTMDave,  I'll start working on the Witness Statement.

I have also received an email for a mediation appointment on 25/04/2024..  I can't remember requesting this and not sure where to check either.

Do I reply and say that mediation IS NOT SUITABLE in my case?

Many thanks

[wv600]

Thank you everyone for your help so far.

I have compiled the attached WS, any feedback/advise would be much appreciated.

Many thanks in advance

Defendant WS.pdf

[wv600]

Apologies, not sure what happened there....trying again

 

Defendant WS.pdf

[wv600]

Apologies dx100uk, I'm posting the PDF version of my revised WS below for perusal by the experts.

Hoping to post it on Monday.

Thanks in advance for any further advice/guidance!

 

WS Combined excl Ex2 .pdf

[wv600]

Thank you FTMDave. I've made the suggested changes and will see if there is any other feedback before posting a final copy.  I would be grateful if you could attached the Beavis judgment as I can't seem to find it.

Do I also need to attach copies of the other judgments referenced in the WS?  And is there an easy way to find them?

Many thank in advance!

[wv600]

Thank you FTMDave, really appreciate your help!

[wv600]

WS is ready and I plan to post it tomorrow, 29 April.  The court date is 16 May.

I have just realised that I have a flight abroad on 16 May....not sure how I missed this before....?

What are my chances of winning the case if I don't attend the hearing?  I see I have to inform the court at least 7 days prior to the hearing that I cannot attend.

[wv600]

Thank you FTMDave.

Just spoke to the County Court and the hearing fee WAS paid by UKPC.  

Does this mean I have to change my travel plans?

[wv600]

Thank you lookinforinfo.

Unfortunately, on this occasion, I can NOT take my wife to court with me....

With regards to your post #70, do I need to add any of this in my WS?

Also, just to clarify, I am (was) the registered keeper and driver. 

Edited April 29 by wv600

[wv600]

Thank you FTMDave, I am going to change my travel plans.   If PPC decide not to go to the final hearing, will I only find out on the day?

Thank you lookinforinfo,  I'll change 13 as suggested.