Tweet
Hello all
I appreciate there are a ton of threads which I have been sifting through, but I was wondering if anyone would be able to offer some direct help/advice?
According to SCS Law (Acting on behalf of UKPC), during 2015 the vehicle in question received 7 Parking charge notices. Allegedly, the PCN's were posted to the registered keeper, but due an issue with the building's post signed, it is not recalled if they were received (evidence with the building manager to confirm signage issues) or not.
Either way, come to earlier this month there is a CCJ on the registered keepers credit file. SHOCK!
The registered keeper vacated the property (Sold) beginning of 2017 and the CCJ was issued by default November 2018. Not being at the property, the documents that were sent leading up to the claim were not received. Obviously have evidence to prove was no longer at the address including the letter confirming being on the electoral role from from February 2018 and documents to show the property was indeed, sold.
The issue with the PCN's is that the evidence submitted shows the vehicle parked NOT where they say it is parked. They state is is parked in "XXX Court" and parked in a bay which requires a permit. However, the vehicle was parked not in a bay but in an obscure area outside an electrical small building type of thing still within the boundaries of private land, i guess?.... In one of the pictures shows a sign where the vehicle was parked, which is not legible in the picture, and only in one of the pictures, not any others. They show another parking sign, but this appears to be in a different location, for some of the other PCN's. There appears to be no real evidence to show the Vehicle is parked where they say it is parked!!
There are not entrance signs to the private land and google maps dated April 2018 proves this, which is a requirement of the BPA.
Furthermore, in 2014 for a different car, parked in the EXACT same place, PCN's were cancelled due to tickets issued stating it was in a bay in the SAME court and there being no entrance sign to the private land detailing terms etc. There is evidence of this and mulitple PCN's being cancelled. SAR has been requested from UKPC which may be able to provide further evidence.
With half of a draft Witness Statement/defence typed to put forward with the N244 form, I'm wondering if we are able to go with the landlord/trepass angle, that UKPC cannot claim loss or proceed with legal proceedings, only the landlord...how would I be able to find out if this is the case? On the T&C's of the signage within the area? The prescribed particulars?
All in all, what is the best defence we could muster with the above information, assuming I've not babbled and this is enough to go by? The total charges for this is over £1k, and with a new baby and toddler, this is not something that is affordable!!
I would be grateful if any kind of help!
Best,
C
I appreciate there are a ton of threads which I have been sifting through, but I was wondering if anyone would be able to offer some direct help/advice?
According to SCS Law (Acting on behalf of UKPC), during 2015 the vehicle in question received 7 Parking charge notices. Allegedly, the PCN's were posted to the registered keeper, but due an issue with the building's post signed, it is not recalled if they were received (evidence with the building manager to confirm signage issues) or not.
Either way, come to earlier this month there is a CCJ on the registered keepers credit file. SHOCK!
The registered keeper vacated the property (Sold) beginning of 2017 and the CCJ was issued by default November 2018. Not being at the property, the documents that were sent leading up to the claim were not received. Obviously have evidence to prove was no longer at the address including the letter confirming being on the electoral role from from February 2018 and documents to show the property was indeed, sold.
The issue with the PCN's is that the evidence submitted shows the vehicle parked NOT where they say it is parked. They state is is parked in "XXX Court" and parked in a bay which requires a permit. However, the vehicle was parked not in a bay but in an obscure area outside an electrical small building type of thing still within the boundaries of private land, i guess?.... In one of the pictures shows a sign where the vehicle was parked, which is not legible in the picture, and only in one of the pictures, not any others. They show another parking sign, but this appears to be in a different location, for some of the other PCN's. There appears to be no real evidence to show the Vehicle is parked where they say it is parked!!
There are not entrance signs to the private land and google maps dated April 2018 proves this, which is a requirement of the BPA.
Furthermore, in 2014 for a different car, parked in the EXACT same place, PCN's were cancelled due to tickets issued stating it was in a bay in the SAME court and there being no entrance sign to the private land detailing terms etc. There is evidence of this and mulitple PCN's being cancelled. SAR has been requested from UKPC which may be able to provide further evidence.
With half of a draft Witness Statement/defence typed to put forward with the N244 form, I'm wondering if we are able to go with the landlord/trepass angle, that UKPC cannot claim loss or proceed with legal proceedings, only the landlord...how would I be able to find out if this is the case? On the T&C's of the signage within the area? The prescribed particulars?
All in all, what is the best defence we could muster with the above information, assuming I've not babbled and this is enough to go by? The total charges for this is over £1k, and with a new baby and toddler, this is not something that is affordable!!
I would be grateful if any kind of help!
Best,
C
