UKPC PCN Pub Carpark PAPLOC Claimform - blue badge displayed - Appeal refused - The Physician Pub B15 3DH

[whittymags]

Hi.

After some advice

my husband parked his car in a disabled parking bay in a pub car park (which unbeknown to him) was owned by UK Parking Control.

He received the charge

he appealed as he has mobility problems, has a defibrillator due to heart failure and he genuinely thought at the time that because he was parked in a disabled bay in a public house and had displayed his blue badge, he did not have to pay for parking.

Appeal rejected.

He has now received court papers.

Unfortunately, he has also been diagnosed with advance bowel cancer and is currently receiving chemotherapy and on morphine as part of his treatment.

Who should I contact regarding this court notice.

He wishes to appeal as he said he didn’t see any clear signage, pub website stated that it provides free car parking for disabled customers.

He is so stressed about this, he would just like to get it sorted but he can’t even think straight at the moment due to to the effects of chemo and morphine.

[FTMDave]

Unfortunately these vile companies like UKPC couldn't give a damn about someone's illness, all they're interested in is £££££.

We will ask you to fill in two stickies, one about the court claim, and one about the original invoice.

He can't appeal, but he can certainly defend the court claim.

To start, can you please complete this -

 

[dx100uk]

it is not a FINE (removed) 

next time please NEVER EVER appeal.

please get those 2 stickies done ASAP - important!!

we also need you to scan up ALL letters from DAY ONE (bothsides) in or out including his appeal and rejection to one mass multipage PDF file.

read our upload <<clickme guide carefully. 

we only need the front page of the court N1 claimform pack and only the 1st page of the letter of claim they sent.

once we have ALL the above, we can certainly help him and will!! 

but we MUST have all the info so we know what cards we are playing with.

there is a DEADLINE which is 19 days from the date top right of the claimform date THAT MUST NOT BE MISSED. else he will lose by default.

sorry to pressure you but needs must.

dx

 

[Nicky Boy]

11 hours ago, whittymags said:

pub website stated that it provides free car parking for disabled customers

Link to the website please.

Also here's the second sticky to fill out when you can. (The first one above is priority).

 

[whittymags]

Hi. Thanks for your responses.

I am on this to get the info to you but having huge problems uploading pdf (saying it is too large).

I will have another go tomorrow.

I have filed defence on MCOL website, selecting start AOS claim, leaving jurisdiction unticked and defending all.

Thought it best to get this done as my husband does intend to contest this.

Would rather give the money to charity rather than these fraudsters.

[dx100uk]

you mean you did AOS, you dont file a defence YET!!

as for the uploads - read our UPLOAD guide<<clickme CAREFULLY

and use the online sites listed like PDFREDUCER and PDFMERGE to sort your file out to below 4.8Mb.

dont forget NEVER use a PDF editor, scan pages as a jpg picture file, redact in mspaint or any photo prog/app

then using the sites convert to PDF merge reduce upload

dx

 

[whittymags]

Hi.

I thought it best to respond and file a defence as claim is dated 7 November which only gave me until 26th to respond.

Hubby goes into hospital for treatment at end of this week/beginning of next

thought it best to respond as time of the essence with hospital visits etc.

I will try and upload again later (think I’m going to try desktop rather than uploading via phone).

Thanks for your help so far ….

[dx100uk]

so you have filed a defence?

what was it please?

the defence was not due until day 33 from the date top right on the claimfrom....weeks away!

if you had done this as asked, it tells you so!!

 

[FTMDave]

Please can you be clear about what you did.  Acknowledgement of Service and filing a defence are two different things.  Get it wrong and you lose by default.

You can use this site to compress your PDF  https://www.sejda.com/compress-pdf

 

[whittymags]

Hi. Filed AOS via the MCOL government link requesting 28 days rather than 14 days. Apologies for confusion.

[FTMDave]

OK, excellent, you've done exactly what you should have done.

When you get a minute, fill in the two stickies and let us have the PDF of the correspondence. 

These will tell us whether UKPC have bothered to follow the legal process correctly - they often don't - and will hopefully help your hubby's case.

[whittymags]

Thanks for sending me the compressed file link - it seems to have worked a treat. Documentation attached.

I am going to visit the car park again today or tomorrow - I have a feeling that the pub has changed car park company as website is saying car park is owned by Calthorpe Estate and customers pay via RingGo App. Perhaps I’m wrong.

The pub is called The Physician - postcode is B15 3DH if that helps. 

The letter of claim states that the vehicle was parked on private property which at the time, was managed by UK Parking Control.

Huge apologies but missed a page out - thought it might be useful as letter states claim would be issued within 15 days from the date of letter which was 13/10/23 but claim was issued 8 Nov 23 - not sure if this makes any difference.

docs1.pdf

[dx100uk]

sticky please

 

dx

[FTMDave]

What you've uploaded is very promising.  Some creep has obviously taken a photo of the car but there is no evidence of the pay & display ticket missing and no indication of how long the car was without a ticket (the driver is allowed a 5-minute consideration period).

Good idea to go to the car park and get pix of the signs close-up and also how they would look to anyone driving in.

But as dx says - sticky x 2 please.

[Nicky Boy]

Whitty,

Have you been to view the additional online images as mentioned in their missives? www.paycharge.co.uk

As Dave mentioned, there's no close up images on their paperwork which shows a lack of pay & display ticket.

Grab the images and upload them please.

Also...

On 19/11/2023 at 21:12, whittymags said:

pub website stated that it provides free car parking for disabled customers.

I've scanned their website, but can't find mention of this?

Can you give us a link to the page?

It could be very useful!

[whittymags]

Contact and Info - The Physician, Edgbaston

WWW.BRUNNINGANDPRICE.CO.UK

---

Contact and Info... The Physician, Edgbaston

Hi.

The website mentions disabled parking hence why hubby chose this venue to meet friends as he has to plan his journeys carefully due to his mobility issues.

To be fair, if I scroll down I can see that they do notify customers about pay and display but he never read this.

 I am visiting the car park tonight to look at parking signage and will take photos and also assess distance from parking meter to disabled spaces.

He has it in writing from medical professionals that he can’t walk more than 20 metres without getting out of breath (one of the main reasons why he has a defibrillator).

Given the date of the alleged offence, I can only assume that the chump who took the pictures was playing an April Fools joke.

I may have to mention this (if and when I have to send a snotty letter).

Sticky 2 to follow today (I need to do this on a desktop at home, not on my phone).  

I will also save photos when I go into pay charge.co.uk

 

 

[dx100uk]

you seem to be getting in a muddle trying to post.

its always best NOT to hit quote on any previous post, but to simply type in the blank msg box.

dx

 

[whittymags]

Which Court have you received the claim from ? MCOL Northamptom NN1 2LH

Name of the Claimant :    UK Parking Control Limited

Claimants Solicitors:   QDR Solicitors

Date of issue – 8 November 2023

Date for AOS - 26 November 2023

Date to submit Defence - 08 December 2023

What is the claim for – 

1. Parked without clearly displaying a valid pay and display ticket: 30 Highfield Road, Birmingham, West Midlands B15 3AF on 1/4/23 at 20:12:30. 

2. The PCN had been issued on private land, which was managed by C. 

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

4. The driver agreed to pay within 28 days but did not D is liable as the keeper.

5. Despite requests, the PCN is outstanding.

The C claims 170.00 being the total of the PCN and damages. 

C claim 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 31/03/2023 to 6/11/2023 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

What is the value of the claim? £255

Amount Claimed £170

court fees £35.00

legal rep fees  £50.00

Total Amount £255

Have you moved since the issuance of the PCN? N

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Letter of claim received 28/9/23.  No reply given

 

letter stated claim would be issued within 15 days from the date of letter which was 13/10/23 but claim was issued 8 Nov 23 - not sure if this makes any difference.

 

01-04-2023 PCN Operator Photos.pdf

[dx100uk]

i have redacted and merged  the photos for you above

please note your correct defence filing date.

thread tidied. title updated

dx

 

[whittymags]

Update

- I have been in contact with Watch Systems Ltd who manage the car park and asked if there is anything they can do to cancel the PCN. This was on Monday and not heard anything back yet.

Meanwhile, deadline for me to submit defence is tomorrow so I am going to use the standard one that is in the threads - hope this will be OK?

I have been back to site and there is nothing on Pay and Display notice on the parking machine that states disabled people have to pay which I’m hoping I can use in defence further down the line.

Also, machine is 80 to 100 metres away from where my husband parked.

Not very practical for people who have mobility issues.

[Nicky Boy]

Just post up the defence you're submitting first.

(There are some old versions scattered around the forum).

[dx100uk]

use the one is the court Q&A you filled out.

scroll down!!

dx

 

[whittymags]

Below is what I intended to send:

Re: PCN Number: [ ]

I dispute your 'parking charge' as the keeper of the vehicle.  I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

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 [CAR REG NO.].

 2.  It is denied that the Defendant entered into a contract with 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. 

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.

 

[dx100uk]

6 minutes ago, whittymags said:

I dispute your 'parking charge' as the keeper of the vehicle.  I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

not sure about this being included in a defence..........?

[whittymags]

Oh ok. I’ll remove that part then and just submit the rest?

Thanks for your advice.

Hi. I am completing defence online.

Do I leave the additional details fields blank please?