SCS Law's CLAIM FORM received- UKPC Private Parking

[TimmyT]

Hello everyone, I am trying to get some help regarding some Parking Charge Notices issued by UKPC on private land.
I live in a block of flats and own my apartment and my designated parking space on our underground car park. Several years ago UKPC started to patrol our car park to avoid having residents and their friends to park in someone else’s parking spots. My particular parking space lies in part just underneath a ventilation grille which connects the underground with the outside basement of the flats. We happened to have some water infiltration to the underground from a non well insulated basement, so the building company decided to undergo extensive working repairs in order to re-insulate the basement of the building. At times they had to drill through concrete and all of a sudden a lot of derbies and small stones were falling from the grille directly into the bonnet of my car so in order to avoid damages I parked in my space, only slightly backwards so that the bonnet would have been protected. As a result the back end of my car ended just outside the designated lines.
Now, for the peculiarities of my space I could have parked more than one full car length outside my space without it to interfere in any way with the manoeuvring of my neighbours. In four occasions I had to do so and in those occasions the warden promptly issued me with a Parking Charge Notice. I have talked to our building managing agency who understood the issue and assured me they would have written to UKPC to explain the facts and ask for the tickets to be removed. UKPC denied it. This happened in 2014. I have been suggested by many persons to simply disregard those PCN’s as UKPC wouldn’t have legal authorities on private land. After several years of harassment from them through DRP (Debt Recovery Plus) in which they even called my private number shouting and intimating payment, they kept quiet for a year but recently through SCS law in London they send me a Letter before Claim Pursuant to the Pre-Action Protocol. I haven’t been able to promptly reply and after 30 days I finally got on by mail a Claim Form dated 15-06-2018.
The UKPC plaque on the car park states you should park your car in your designated parking space and display the relevant permit. I could have owned a much longer car like an SUV or a Van and as this happens with some of my neighbours, the car sticks out of the standard designated lines. Could a defence along those lines be a viable one? Also I have been made aware that under special circumstances the ticket can be removed. Could mine be considered one of those as I have absolutely no other interest in parking outside my designated lanes. I have a very limited amount of time to reply to the Claim Form and would like to know if I can have some help in finding the best way to succeed. Thank you all in advance.

attached all the relevant scans

[ostell]

Acknowledge the claim now using the details and password on the form. Do not put anything into the defence. This gives you 33 days from the date of issue to get a defence to the court. Get out your lease and see what it says about parking etc. You probably have a right to park without having to agree to a contract from a third party stranger to you lease so the cannot b a contract and therefore there can be no breach of any alleged contract any therefore therecan be no charge for that non breach.

Can you get a copy of that letter that the managing agents sent to UKPC. This is the principal asking their agent to act. The agents should not ignore. See if the agent will send a command to UKPC to cancel now.

Have a read here

[TimmyT]

Hi Ostell, thank you first of all for the prompt reply, you are giving me faith
As for the letter in request to cancel my charges my managing company sent to UKPC, so far I have been able to trace the email history but in their conversations they have omitted to show me the actual request to cancel them. They have only forwarded me the UKPC reply in which they decide not to cancel the charges but to reduce the amount. (by the way I had another occasion where my car was parked in my space but I have forgotten to display the ticket and UKPC had agreed to cancel the charge just by my managing company asking for it).

[TimmyT]

Also I happened to have a copy of the lease here at home. Have a look if the relevant sections regarding the use of the parking space. Would it be enough? There's no talks about agreement with third party strangers. At the time of creating the lease though, UKPC was not operating on our premises yet.

[ostell]

Your lease cannot be varied by a third party, only with your agreement with the lessor.

[TimmyT]

Ok, so I’ll aknowledge the Claim tomorrow morning. What
What other steps would you suggest me to do? Thank you

[Parker12]

Whilst I cannot help you Timmyt I am very ashamed to say it but I know someone who works as an warden for UKPC Ltd.
UKPC is a very dodgy private parking company, firstly their telephone line 03332201030 is fake, it is only a recorded information line. It is only for illustrative purposes only. UKPC likes to hide behind anonoyomous PO boxes and when they interview peospective wardens it is never ever done in their head office only in hotel coffee areas. They claim to prospective warden staff they will pay 8% of every ticket but they do not actually it is only 0.5% or 1 %. Most of the wardens are very scared when issuing tickets because they work on private land like retail parks or leisure parks and face the constant threat of being assualted on site or public abuse. People who do this job are uneducated and cannot really find jobs elsewhere. They are only doing the job because of the desperation of the job market and the need to pay some bills.
https://www.moneysavingexpert.com/re...icket-appeals/
Please anyone see below for template appeal letter:

IMPORTANT!
PLEASE READ THEN DELETE THIS BOX

This is a template letter for guidance. You need to add your details and where appropriate change the letter to suit your particular circumstances.

Once you’ve made changes, always print it out and read through to check it makes sense to the recipient.


ACTION POINTS

[BLUE BRACKETS]: Put your specific info here, then delete the instructions (and change the text colour)

[RED BRACKETS]: Just for info, after you’ve read delete




[insert your name
and address]

[insert date]
[insert name and address
of parking ticket issuer]

Dear Sir or Madam,

Parking ticket number: [insert ticket reference number]
Vehicle registration number: [insert vehicle registration number]

[Include this section if you received a ticket on your car or delete]
I received a parking ticket on [insert date] but I believe [select from the ticket was wrongly issued / there are mitigating circumstances to explain why I had parked where I did] and I would like to submit an appeal for the following reasons:

[Include this section if you car was clamped or towed or delete]
My vehicle was [select from clamped / towed away] on [insert date] but I believe it was wrong to [select from clamp / tow away] my vehicle meaning the fine of [insert cost] I have already paid should be refunded in full. I would like to submit an appeal for the following reasons:

[Important: fill in the sections below and delete any bullets that don’t apply]

• I was not driving the car

I was not driving the vehicle at the time and am therefore not liable for any costs.

• My car had been stolen

I was not driving my vehicle at the time of the alleged contravention because my vehicle had been stolen. Please see the enclosed correspondence from the police as evidence.

• The alleged contravention did not occur

Quite simply, the parking attendant got it wrong and I was not parked inappropriately at the time the ticket was issued. This is due to the fact [insert reason here]. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal.

• There was insufficient signage

I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal.

• Mitigating circumstances

There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal.

• I cannot afford to pay the fine

I am a law abiding citizen and I made an honest mistake but I cannot afford the fine. Please see attached proof of my financial position as evidence.

• [Enter any further reasons of your own to support your appeal and include as much detail as you can].

Yours faithfully,

[insert your signature]

[insert your name (printed)]

[Enclose ALL relevant evidence for your claim]

[TimmyT]

Can you get a copy of that letter that the managing agents sent to UKPC. This is the principal asking their agent to act. The agents should not ignore. See if the agent will send a command to UKPC to cancel now.

Have a read here

Hi Ostell, I’ve been in touch with my managing company and asked for full email history between them and UKPC. They couldn’t provide me with the original request get the ticket cancelled. They only could retrieve the answer from UKPC in which they have offered instead a discount on the fines.

i also have asked them a copy of the contract between UKPC and the leaseholders of the property but they said they don’t have it. They suggested me to get in touch with the leaseholders directly but noting that it’s pretty much impossible to have them answer the phone (as I have found out myself). It’s a very dodgy company...

im sure there must be a UKPC contract between them and the leaseholders but is that really binding me even if I have never signed anything?

[ostell]

Ignore post #7, probably written by UKPC !!

Sorry, been on holiday.

You may find that the contract is with the managing agents. If so they are not the landholders and therefore I believe the contract cannot be enforced. Ask the managing agents directly who is the signatory to the parking contract.

You have not got much time left to present your defence to the court. Have you done any of it?

You will find examples here and on Pepipoo forums

[NIGELP]

Managed to join pepipoo....eventually.... but trying to post a new topic is beyond my abilities.

[ostell]

You mean here, the private parking section, with the New Topic button towards the left ?

[TimmyT]

Ignore post #7, probably written by UKPC !!

Sorry, been on holiday.

You may find that the contract is with the managing agents. If so they are not the landholders and therefore I believe the contract cannot be enforced. Ask the managing agents directly who is the signatory to the parking contract.

You have not got much time left to present your defence to the court. Have you done any of it?

You will find examples here and on Pepipoo forums

Hi Ostell,
yes I have acknowledged the claim form and the court has now sent me an acknowledge receipt of my defence. I have acknowledged the claim form and appealed through the "appealaparkingticket" company who has drawn a typical defence.
I'm now waiting to here from the court of UKPC directly. I'll keep you posted... thank you

[ostell]

What on earth did you put in your Defence? You have until 18th July to submit a defence! So if the court has acknowledged your defence did you send it with you acknowledgement, which was suggested that you DIDN'T do.

Now that a defence has been submitted then there is no point in appealmyparkingticket (?) sending another defence. It will not be accepted without the payment of the £255 fee.

[TimmyT]

What on earth did you put in your Defence? You have until 18th July to submit a defence! So if the court has acknowledged your defence did you send it with you acknowledgement, which was suggested that you DIDN'T do.

Now that a defence has been submitted then there is no point in appealmyparkingticket (?) sending another defence. It will not be accepted without the payment of the £255 fee.

Initially the Claim Form was acknowledged without putting a defence. Then 'appealmyparkingticket' has sent a defence and you can see copy of it below:

I am the defendant in this matter. As an unrepresented litigant-in-person I seek the Court's permission to amend and supplement this defence as may be required upon disclosure of the claimant's case.

Rebuttal of Claim - It is denied that:

a) A contract was formed
b) There was an agreement to pay a parking charge.

c) That in addition to the Parking charge there was an agreement to pay additional and unspecified additional sums.

d) The claimant company fully complied with their obligations within the terms of Schedule 4 of the Protection of Freedoms Act 2012.

e) The claimant company fully complied with their obligations within the International Parking Community / British Parking Association Code of Practice of which they were member at the time.

f) That I am liable for the purported debt. It is further denied that I owe any debt to the claimant or that any debt is in fact owed or that any debt exists or could ever exist or has ever existed. That in any event the claimant has failed to comply with the requirements of the Civil Procedure Rules and that their claim is both unfounded and vexatious.

g) The claimant is put to the strictest proof of their assertions.

My defence to this claim relies principally these main points, as follows:

1. a) Lack of Standing by Claimant: The Claimant is not the landowner of the car park, and has no proprietary interest in it. This means that the Claimant, as a matter of law, has no locus standi to litigate in their own name. Any consideration is provided by the landholder, and only they can sue for damages or trespass.
2. b) As the Claimant is not the owner of this land they cannot form a contract with the person they claim to be the driver without the express authorisation from the landowner. As per their own code of conduct they must follow to issue parking charges the company must a) provide the written authorisation of the landowner (or their appointed agent) b)The written confirmation must be given before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for c) In particular, it must say that the landowner (or their appointed agent) requires them to keep to the Code of Practice d) that they have the authority to pursue outstanding parking charges e)The written authorisation must also set out: the definition of the

land on which they may operate, so that the boundaries of the land can be clearly defined f) any conditions or restrictions on parking control and enforcement operations, including g) any restrictions on hours of operation, h) any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement i) who has the responsibility for putting up and maintaining signs and j) the definition of the services provided by each party to the agreement.

c) I can confirm that at the date and time of these alleged offences, I was parked in my own parking space and I was the owner of my flat and the associated parking space which is outlined in my lease agreement. I have not given the Claimant the authority to issue parking charges on the private land that I own nor does my lease agreement allow for a third party to issue parking charges on my own private land.

d) I have the reasonable belief that the Claimant has attempted to Claim an expense that was not incurred. Specifically, the £160 charges for each parking charge has been inflated by at least £60 as this figure is not in line with recognised industry standards for a parking charge.

e)

f) No contract with the Claimant. Any contract must have offer, acceptance and consideration both ways. There is no consideration from Claimant to motorist; the gift of parking is the landowner’s, notClaimant. There is no consideration from motorist to Claimant. Any fees for parking are due to the landowner and not Claimant. With regard to this point it is trite law.

1. Conclusion

I deny that I am liable to the Claimant for the sums claimed, or any amount at all. I invite the Court to strike out the claim as being without merit, and with no realistic prospect of success.

All evidence referred to will be provided at least 14 days before any hearing date.

Signed -

The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking

charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional

charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated

additional costs and it is put to strict proof that they have actually been incurred. Even if they have been

incurred, the Claimant has described some costs as legal representative's costs. These cannot be

recovered in the Small Claims Court regardless of the identity of the driver


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[TimmyT]

Yesterday I have received in the post a letter from the County Court as 'Notice of Proposed Allocation to the Small Claims Track" in which I must complete the N180 Questionnaire by July the 23rd