UKPC 2x windscreen PNC's claimform - - forgot permit - appealed - res parking my own space - East Croft House, 86 Northolt Road, South Harrow, HA2 0ES - *** Claim Dismissed ***

[dbuk2000]

Hi

 I have an upcoming hearing at Willesden County Court on the 22nd of April and am looking for some support.

Today I received an email from DBC with their Client's witness statement and they confirm that it has been filed with the court.

Appreciate any help or direction.

my primary questions are as below.

As per the court letter I have 14 days to deliver any documents that I wish to rely upon to the other party.

I presume in this case its the court and the claimant DCB. 

1) In the lease there is a section about the property that I own which states it includes the parking spot. Should I be sending a copy of this page?

2) I am unaware of anything else I should send. 

3) Can any of the defence documents be sent electronically or does it have to be sent via post.

I presume if via post this means I need to really send by latest Friday to ensure they have it 14 days before the court date of 22nd of April.

 

Thanks

 

[dbuk2000]

Just looking its a different case, but the exact same details where I received a ticket for my own spot.

Hopefully its still relevant to keep it in this thread,

That one from Jan 2022 was discontinued prior to the court date whilst this one they unfortunately didnt issue the same. 

[dbuk2000]

Hi

 

As requested I have set up a new thread. Details as below. Used the initial questions from my previous thread.

1 The date of infringement? 05/07/2018 and 11/07/2018

2 Have you yet appealed to the parking company yet? [Y/N?] Yes and gone through all the steps. Currently have a small claims court date at Willesdon county court for 22nd of April 2024.

5 Who is the parking company? UKPC. DCB are the claimants solicitors

6. where exactly [Carpark name and town] did you park? Not a carpark, it was in my designated space outside my block of flats in South Harrow

I need help in preparing the witness bundle.

At the moment I only know to put in an excerpt from my lease that the parking spot is mine.

I cant see anything in the lease about the management agent/freeholder hiring a 3rd party (UKPC) to issue tickets etc if a valid permit isnt display

. I am struggling what else I can put in the witness statement. 

[dbuk2000]

Hi 

Apologies for the delay. I will be checking and posting here as regularly as possible.

I have just spent the last couple of hours combining PDF, is there anyway to send larger file sizes on here as the attachment is 17mb?

2 hours ago, lookinforinfo said:

You never came back to us on your previous thread about the time you were doing your WS. Did you end up going to Court or did it all just peter out?  Have you checked that they haven't sneaked a ccj through?

Regarding this earlier PCN I a few weeks prior to the court date they issued a notice of discontinuance. I had a few other tickets as well which I settled with DCB.

I didn't want to settle but unfortunately my mother had an operation for a large brain tumour last summer which has severe complications and I am currently her full time carer.

My priorities hence then change and with everything going on I had let the court claim I have been posting about today slip through the cracks.

I want to try and fight this one with there being a resolution either way on the 22nd of April. 

Ignore my previous post I have managed to compress the PDF

up to page 21 is everything I have received and then from page 22 onwards in the witness statement I received from DCB Legal today.

 

 

Claimants WS .pdf

[dbuk2000]

Which Court have you received the claim from ? County Court Business Center 

Name of the Claimant :  UKPC         

Claimants Solicitors: DCB Legal

Date of issue – 14/09/2022

Date for AOS - Completed 21/06/2022

Date to submit Defence - Submitted 21/06/2022

What is the claim for – 

1. The Defendant is indebted to the Claimant for Parking Charges issued to vehicle (redacted) at East Croft House, 86 Northolt Road, South Harrow, HA2 0ES. 

2. The PCN was issued on private land owned or managed by Claimant.

3. The vehicle was parked in breach of the Terms on Claimant's signs (the contract), thus incurring the PCNS.

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

5. Despite requests, the PCNs is outstanding.

The contract entitles C to damages.

And the Claimant Claims.

1. £320 Being the total of the PCN(s) and Damages

2. interest at a rate of 8% per annum pursuant to s69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.

3. costs and court fees.

What is the value of the claim? 

Amount Claimed £440

court fees £50

legal rep fees £50

Total Amount £540

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) Yes 11/07/2023

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Unsure on I&E?, however did not receive any sort of reply pack before the claim form

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

I do know that I appealed one of the two tickets this claim was for through their website.

This is when they responded saying the parking charge was correctly issued but as a gesture of goodwill they will reduce to £15.

I didnt pay this and ignored along with everything else they sent up until the claim form was received.

I imagine this appeal is essentially where I am admitting to being the "Driver and registered keeper"

FTM . Thank you thats super helpful and I am going to make a good crack at my response in the next few hours.

I have looked for an email address for Willesden County Court but can not find  I presume I need to send by Saturday latest so they can get it 14 days before (next Monday)

[dbuk2000]

So I have given the witness statement a start and have the following points/questions to note

1) Completed sequence of events and supremacy of contract. For supremacy of contract I have added in as exhibits extracts from the lease and the official copy of register of the title. Am I missing anything?

2) Prohibition I have added in the one line as per your post Dave, is anything else needed.

3) No Locus Standi - Need help with this

4) No Keeper Liability - Is there a reason this is needed? I did initially appeal one of the tickets so at this point I would have admitted that it was my vehicle. I am just struggling on what to put here.

5) Double Recovery - I have checked the signage from the claimants witness statement and it does state on the signage that £60 will be added if this gets passed onto the debt collectors. That totals £160 per ticket and the claim is for two tickets so I can see where they have got the £320 for as part of their claim. Again I am struggling on how I can turn this into a strong point as in Mystic Berties WS the whole point was that it wasnt stated on any signage that they could add anything onto the original PCN

6) Dave although you didnt have it in your layout, I have added in a section for the breach of code of practise. Point I am making here is that when I initially appealed, they could have told me that I could have gone through my management company to cancel the ticket rather than saying they will reduce it to £15. Again not sure if its relevant.

Looking forward to hearing your thoughts and appreciate all the help so far. 

 

DBUK2000 WS Redacted.pdf

[dbuk2000]

hi LFI and thank you so much for your help so far.

Are your points above for the No Locus Standi section of the WS?

Sorry if I ask basic questions but its just a little daunting having never had to put one of these together before. 

Hi Dave

I have added in the double recovery element from Mystic Bertie's WS and amended the amounts.

Also added in the above for the No keeper liability and amended so it also states that the relevant land was not mentioned in the PCN.

I presume I should take our the breach of contract section I added in as point 25 as that effectively goes against the No Keeper liability and I am stating that I appealed and let them know I was the driver?

Thanks for all the help so far. Latest WS attached

DBUK2000 WS Redacted 04042024.pdf

[dbuk2000]

I have taken the No Locus Standi from LFI's previous post. Its very direct and really calls out the claimant, I presume this is fine?

I can't see any mention of Eastcroft House on the PCN's provided in their WS. Latest version of the WS attached.

Thank you for all the help so far.

It may look like I don't care with the long gaps in responding but nothing is further from the truth.

I will do what is needed throughout tomorrow to tidy it up. 

My plan is to shoot off emails to the claimant and Willesden County Court on Monday(14 days before the court date).

DBUK2000 WS Redacted 06042024.compressed.pdf

[dbuk2000]

They have my email anyway as that's how I received the claimants WS

[dbuk2000]

Hi Dave

 

Thank you so much for this. I am going to head to the block of flats in a couple of hours and check all the signage to myself to have clarity on if a permit is needed or not. Will report back after this. 

Regarding the paragraphing you can try the below steps

1. Go to File > Options > Proofing.
2. Select AutoCorrect Options, and then select the AutoFormat As You Type tab.
3. Select Automatic bulleted lists or Automatic numbered lists.
4. Select OK.

[dbuk2000]

So I had a look at the signs today and they clearly state that a valid permit is needed. Hence I am going to remove point 14 from the WS.

Also on the signage their is a £100 sticker put over the previous sign that stated £90. You can see on the attached from the pic I took. This of course is what the PCN is based on but not what they have put in their WS.

UKPC Eastcroft Sign.pdf

[dbuk2000]

Amazing work. Just a couple of questions?

For Exhibit F do I need to include every page for the Excel vs Wilkinson claim. Similarly should I also include every page from my lease as Exhibit A rather than just extracts that I have currently put. 

[dbuk2000]

I don't mind that approach. The only question I have is that UKPC would only get their version 11/12 days before if I send via second class post and could that not get used against me by the judge where UKPC's solicitors state that I didn't follow the timelines to send them the WS?

[dbuk2000]

Thanks everyone for all their help. I am going to send the WS over tomorrow. Will let you know if/when I hear anything back.

I presume for the court I just send it to their general email [email protected] and then for the counterparty I am sending it just the solicitors and not to the claimant themselves?

[dbuk2000]

Hi All

 

I received the attached from the claimants solicitors today. I presume best course of action is to ignore?

 

Thanks

Claimant Response to WS.pdf

[dbuk2000]

Just a quick message that I have my small claims court case later today at 2pm. Although the court has already emailed to say it will be a "floating case" so who knows at what time they will see me.

I know one of my friends who went last year and he said that the judge hadn't even read his witness statement and he subsequently lost his case so that worries me a little. Not sure what else I can really do to prepare asides from quote the supremacy of contract from my witness statement. 

[dbuk2000]

Thanks for the message jk2054

 

I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed. 

 

The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space.

Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim.

Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes.

It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.

[dbuk2000]

Hi All

Just an update that the case was heard today and thankfully the case was dismissed. As many had told me, DCB legal sent an advocate who like myself was also there 30 mins beforehand. He wanted to double check a few things with me beforehand that I had put in my witness statement and then told me that he agrees that my lease forms the supremacy of contract and that he will let the judge also know this once we enter. 

He stuck to his word and led with this and the judge asked if I had anything to add and I just reiterated the supremacy of contract points from my witness statement. The judge then dismissed the case and the whole thing was over in 10 mins.

I just want to end by thanking everyone that has helped. I owe more than thanks and this forum and the main contributers are incredible. I will make a donation once I have secured a new role which is my main focus at the moment. Not having to find nearly £600 to pay for this claim is also a massive relief. 

 

Thank you all.