CCJ Letter

[Tommy30]

Hi ,
This is my first post. I have received a CCJ letter from Northampton Court regarding a parking notice that was issued to me 5 years 11 months ago by UKPC Parking. The bases of the parking notice was that the car was not parked correctly. Where the car was parked there were no clear marking defining the bays. I have photos which I took on the day showing that there were no markings. I also took screen shots of UKPC website of the photos taken by their Attendant which shows that there were no marking.
I appealed as soon as I received the parking notice and did not hear anything from UKPC other than a couple of threatening letters over the years.
I have contacted the Court online and requested 28 days for my defence.

Do you think that I have a chance of winning this case or should I pay the £200 that they are asking. Any advice would be appreciated.

[MIKE770]

Des-8 may be able to advise.

[des8]

On the basis of your post I would defend the claim.
If nothing else, even if they win they will actually lose as they will not be able to cover their costs.

Be sure to construct your defence properly.
To do that you will require copies of all documents mentioned in their claim so send them a CPR31.13 request by recorded delivery
There's a template here you can use, but as it is for debt claims you will have to tailor it (https://legalbeagles.info/library/cp...-information/0

We've had a number of similar UKPC posts recently so I suppose they are having a clear out or are running short of cash

[Tommy30]

Update. I did as mentioned and requested evidence from the UKPC solicitors. Which sent to me eight days later. I then completed the Court form detailing my defence and attached photos. The Court confirm that they had received the form and stated that they have sent my defence info to UKPC solicitors for them to decide whether to proceed with the claim. I have just received a letter from UKPC solicitors stating that they will be proceeding with the claim and have given me the option to pay before a Court date has been set.
I cant understand the logic when it is clear in the photos that there are no clear defining bay markings. Is this a tatic to try and get me to pay? or do you think that they have a winning chance. I have attatched some of the photos. Please let me know if I should concede and pay.

[MIKE770]

Des-8

[JMcG]

What are your defence points?

[Tommy30]

My defence is that the bay marking are not clear or worn away. So the bay was not clearly defined.

[JMcG]

My defence is that the bay marking are not clear or worn away. So the bay was not clearly defined.

Have you ID'd who was driving on the date of the alleged contravention? (Just yes or no)
According to the court claim particulars, who is being pursued, the driver or the keeper?

[Tommy30]

yes.

[JMcG]

I've added a bit (above).

[Tommy30]

Since I did not name the driver when I appealed. The Court are pursuing me as the keeper. I made the Court aware that I was the driver at the time in my defence statement.

[des8]

If you identified yourself as the driver, you cannot use non compliance with PoFA as a defence.

However as their claim is that the driver parked outside of the bays and you can show there were no clear bay markings (are your photos by chance dated?) i would continue to defend.

[JMcG]

Obviously, without sight of all the relevant documentation (inc the claim particulars & your filed defence) it is only possible to generalise.
However, it may also be possible to invoke 'laches'.
https://en.wikipedia.org/wiki/Laches_(equity)
Take photos of the current site. Has it changed? Have site signs changed? Is the parking co still operating there? etc etc.
Personally I'd keep schtum for now about the driver being ID'd....they might still pursue the keeper.

[Tommy30]

My photos do not have dates displayed on them. I did obtain photos from UKPC website with dates on them. They show the same vehicle parked in front of my vehicle at time. When this goes to Court. Would I have too attend Court on the day or do they just deal with it using the paperwork supplied?

[JMcG]

My photos do not have dates displayed on them. I did obtain photos from UKPC website with dates on them. They show the same vehicle parked in front of my vehicle at time. When this goes to Court. Would I have too attend Court on the day or do they just deal with it using the paperwork supplied?

You will be given the option, but strictly speaking, it's at the court's discretion.
DQ stage*....https://assets.publishing.service.go...Final_Form.pdf
You should also be invited to try mediation....free in Small Claims.

*This will be sent to you in due course if the case proceeds.