Defence Due against UKCPS

[Tummy]

Hi LegalBeagles,
So long story short i`m struggling to find a template for a defence against UKCPS.
Ive been on a couple of other sites over the past month, and I have read a lot of positive comments about you guys.
Last September i parked on Double yellow lines (Blue badge holder No spaces available) at a retail park i believed was council property. a week later i received a poor quality picture of the back of my car stating i owed ukscps money, Obviously i ignored this believing it to be a scam.
At the start of this month i received an MCOL so i sent off a SAR via mail, my defence is now Due in and i`m clueless of what to write and all the cases i have seen templates for do not fit with my situation.
I have taken pictures of the entrance to the car park there is no signs saying private property even the main car park sign does not mention it, also since last September they are no longer the parking company for this car park.
Any defence help would be greatly appreciated.

Thank you in advance

[charitynjw]

Hi LegalBeagles,
So long story short i`m struggling to find a template for a defence against UKCPS.
Ive been on a couple of other sites over the past month, and I have read a lot of positive comments about you guys.
Last September i parked on Double yellow lines (Blue badge holder No spaces available) at a retail park i believed was council property.
What gives you reason to believe it's owned by the LA? (Council)

a week later i received a poor quality picture of the back of my car stating i owed ukscps money, Obviously i ignored this believing it to be a scam.
Yep....dangerous to ignore these nowadays.


At the start of this month i received an MCOL
I take it you have acknowledged?

so i sent off a SAR via mail, my defence is now Due in and i`m clueless of what to write and all the cases i have seen templates for do not fit with my situation.
I have taken pictures of the entrance to the car park there is no signs saying private property even the main car park sign does not mention it, also since last September they are no longer the parking company for this car park.
Any defence help would be greatly appreciated.

Thank you in advance

Hi & welcome to LB.

Sorry for not responding earlier.....it's always a bit like that during Bank Hols.
What is the court claim issue date?

Could you post up pics of the PCN? (Front & rear, redact personal info but leave all dates/times visible.)
Also pics of site signage.

[Tummy]

Hi thank you for the reply I don`t have the original pcn the only thing I`m in possession of is the MCOL.
I sent off a SAR but it was sent back and I`ve had to resend it.

1. I presumed the counci lowned the land it`s in the centre of my home town as you enter the car park there is no signage stating its a private car park nor does it say anything on the main car park sign.

2. Yes I`ve done my acknowledgement online.

This is the defence i have written up at present.

In The County Court
Claim No: XXXXXXX
Between
UKCPS Ltd (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant XXXXXXXX has not entered into a contract due to their being no Signage stating this is private property as you enter the car park nor is their any signage on the main car park sign.

3. The defendant is a blue badge holder who is undergoing Heart transplant assessment, The defendant visited the place in question to pick up a prescription.The defendant drove around the car park 3 times waiting on a free bay but none became available, the defendant then did what they would normally do in this situation and looked for where they would cause the least disruption possible and parked on the double yellow lines which the blue badge allows on roads in Hartlepool.
The defendant did not stop long and did not have any notice attached to the car on return.

4. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

5. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

6. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

7. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

[charitynjw]

If you have not already ID'd who was driving, do not submit the Defence as is.
What is the issue date on the court claim form?

[Tummy]

If you have not already ID'd who was driving, do not submit the Defence as is.
What is the issue date on the couet claim form?

3rd of May

[ostell]

Blue badge has no meaning on private ground.

Have you checked with the council themselves if they own the ground? Either a phone call or look at their web pages.

[Tummy]

Blue badge has no meaning on private ground.

Have you checked with the council themselves if they own the ground? Either a phone call or look at their web pages.

Hi Thank you for the reply.
I have asked in the stores and can`t find an answer to who owns the car park. I have emailed the council but i am still awaiting a reply.
I`m aware Blue Badges don`t work on private land but there is no signage entering the car park or on the main sign post saying its private land so i presumed it was council land. After receiving the mcol i looked at google maps and you can see signs only inside the car park on lamp posts at about 2 meters in height, signs stating its monitored by a private firm.
The car park in question is no longer monitored by the UKCPS anymore.

[charitynjw]

If the claim issue date was 3rd May, you have until Wed 5th June to file a defence.
If it were me I'd wait till closer to the deadline, & if there is no response from the SAR, I'd file a holding defence (ie "asked for disclosure but as yet no show" kind of thing.)
Have you sent a CPR 31.14 request to the parking co/sols?

[Tummy]

Hi thanks again What is a CPR 31.14 request to the parking co/sols?
I received a correspondence from the council stating the Classification is confidential and they have passed me to a different department.
How do i file a Holding defence?

[charitynjw]

A holding defence would be something like "have requested disclosure of evidence but as yet have not received it".....words to that effect.
An example (dealing with Consumer Credit Act claims) is
https://legalbeagles.info/library/gu...-court-claims/
That will give you the basic idea.
Siimilarly, a CPR 31.14 request (again for CCA)
https://legalbeagles.info/library/gu...-of-documents/
Send to the Claimant (or if applicable, their sols)
Get proof of posting (a free certificate of posting from your PO is best) & keep a copy
I would suggest that you ask for all documentation that the Claimant intends to rely on, including (but not limited to) a copy of the Landowner/managing agent agreement with the parking co, a copy of the KADOE agreement (parking co & DVLA), all relevant notices to driver & registered keeper.