County Court claim hearing vs scs law UKPC

[MrYD]

Hi please can someone help me?

I am being taken to court over an issue regarding parking fines with UKPC. they have sent me a huge amount of papers that including all the fees for going to court and all the evidence they sent to me in the past including evidence of signs etc around the retail park.

Okay, so i understood that on one occasion i parked in the retail park incorrectly and therefore i was fined and given a ticket and for that im not sure if there is anything i can do to get away with it,

However, on all the other occasions ( 4 ) , the vehicle in question was never parked on the actual retail park for which they are claiming they have a contractual responsibility and legal rights to hand out fines and charges, They have even given me written proof including a map which indicates the area for which they have legal rights over in terms of parking fines and this clearly shows on the map that it does not include the areas in which the vehicle in question was parked??

So i suppose my question to you guys now, can they still be successful in this claim or can i easily say, Look you cant ask for money for parking fines for an area for which you do not have respnsibility as per your own map indicating this, even though there are signs placed in that area?

even on the actual fines, it clearly states middlebrook retail park, however the vehicle was not parked on this bit of land. it was parked in a business area which is clearly outside of the retail park and this is also indicated by the maps.

PLEASE HELP WITH THIS AS I AM CONFUSED AS TO WHAT I CAN AND CANT DO AND WHAT THEY CAN AND CANT DO.

i have all the evidence with me and can show anything you ask for immediately.

Thank you in advance for all your help./

[ostell]

So have you actually received a claim form from the court at Northampton?

[MrYD]

Yes I have. Its gone past that as well. Its now a hearing at Burnley court, however I have managed to ask for an adjournment.

[ostell]

So what have you put in your defence?

[MrYD]

Sorry i didn't know you had replied. Well at the moment I've not put anything together. I have been offered mediation but don't know if it's better to go to court.
basically I do need help in putting together a defence. I don't know if maybe I have a good point in that the vehicle in question was not parked on the areas they have mentioned that are under their control ?

Please help

[ostell]

If you are at this stage you must have already submitted a defence, perhaps when you acknowledged the claim. What was the defence you submitted? Have you got a date for the hearing yet?

To submit another defence means you have to pay a fee to do so. You will have the opportunity to submit a witness statement 14 days (normally, but it can vary) before the hearing. This is where you tell your side of the story.

Mediation is always possible but they want the full amount and you want to pay zero. Mediation does not affect going to court. If you do not agree then it proceeds to court.

Have you asked for, and received, a copy of their contract to issue parking charges?

What's the location? Link to google maps is helpful

[MrYD]

Hi thank you so much for your reply. Yes now I know what you mean and yes I did have to file a defence. The court told me it was just the reason why I wanted to file a defence. That's how they worded it. Not the actual defence but rather why I wanted to file a defence.

anyway I should be able to dig that out. However it was just as per what I have already mentioned, so basically about the fact that the vehicle in question was not in the areas specified. And yes they have given some letters supposedly from ukpc which state about their contractual terms. Which again I will get on to in the morning.

[MrYD]

this is link to map


https://goo.gl/maps/ubCQFSx7m2w

[ostell]

So those signs on the entry road are ridiculous. How is anybody concentrating on driver ecpevted to read the terms and conditions. Any thing other than 6 hours max. Where was your car parked?

So what is the driver of the car alleged to have don to break the conditions? It's not a fine by the way, it's an invoice.

Can you post up one of the Notice to Keepers that you have so that others can look at it? Redact identifying details but leave dates.