UKPC Ltd - County Court Business Centre Claim

[charitynjw]

rob charitynjw

Apologies - another update!

My landlord has sent the below image excerpt from their leasehold agreement.

I have also found a scanned image of the permit with my signature next to it, sent from the estate agents.

Apologies for the bombardment this PM, thanks again for your help.

RC

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Imho it would be unwise to comment on one paragraph taken in isolation from the lease agreement.

Re the signage, it could be argued that it is a 'forbidding' sign which imposes a penalty.....not allowed under contract law. But that would be a matter for a judge to decide, although you could cite Parking Control Management (UK) v Bull (2016) as a persuasive (not precedent) case.

Post up redacted copies of the original Notices to Keeper, front & rear. Leave all times & dates visible. Plus windscreen PCNs if applicable.

Bull judgment (2016) High Wycombe Three Approved Judgment.pdf

[Red Coral]

charitynjw That extract is from my landlords leasehold agreement - it isn't in my tenancy agreement, the first I have seen of it was yesterday when I asked to see it.

Thanks for providing reference to that case, really helpful.

Understood re. PCNs. I have lost the windscreen PCNs, but will upload the letters I have received.

RC

[Red Coral]

charitynjw Redacted notices attached.

[charitynjw]

charitynjw Redacted notices attached.

The 06/10/22 contravention letter is a reminder.
Do you have the original postal Notice to Keeper?

[Red Coral]

charitynjw I don't i'm afraid, that notice is the most recent I still have

[R0b]

I have found a template that I've used in the past and is a catch all so will probably require updating, but it's a starting point. I'll get it uploaded later today when I have some free time.

[Red Coral]

rob Thanks Rob, that's enormously appreciated

[R0b]

Here you go. It doesn't contain anything around forbidden signage but I have that somewhere in a different defence, I just can't seem to find it but I have t around somewhere and will upload those relevant paragraphs when I find it. Probably need to include something about the fact that no contract exists between yourself and UKPC and that you are not bound by the signage - need to think how that can be worded.

As I said, this is sort of a catch all, so you need to have a read and think about what is applicable to you and what isn't so you may need to delete certain paragraphs. The Defendant is based on the allegations similar to the particulars of claim that have been issued by UKPC in your case. Fill in the gaps and upload a redacted copy for us to review and then we can provide you with feedback - I would suggest uploading a tracked change version so we can see what you have chosen to delete.

[Red Coral]

rob Thanks Rob.

charitynjw Has referenced some very useful case law - do you have any advice as to how I can mention that in my defence? Also, the two tickets are for different issues. One is 'Parking outside of a designated bay or space' and the other is for "Not displaying a valid permit' - I assume it's not an issue to address both, albeit separately, within the same defence document?

Thanks.
RC

[R0b]

Defence should contain relevant facts only. The civil procedure rules prohibit the use of legal arguments or opinion in a defence or witness statement so I would advise against it, but it's your choice. You'll get that opportunity at a later date if you want to file a skeleton argument which would be the proper place together with your arguments at the hearing itself.

If it were me I would split them out but the arguments are probably going to be the same if not very similar but you can just address both as is since there is no hard or fast rule on how you respond in a defence except for the formalities in the rules.

[Red Coral]

rob Thanks. I will follow your advice. I'm away for a few days but will get started on this once i'm back - would you mind taking a look once I have drafted something? Please do let me know if you find those other paragraphs in the meantime.

[Red Coral]

rob
charitynjw

Please could you let me know what you think of the attached? I am unsure what to put in points 17.2 a, b and c - any input is hugely appreciated.

RC

[R0b]

I will take a look and let you know my thoughts, but having had a quick scan of it, I think there's still a little work to do in places. Just a helpful note, it would be useful to upload the defence in a word version then it's easier for us to review and add comments or mark up - just make sure to remove any personal data when saving the document, you can google this as its easy to do.

Also, check your private messages as I've mentioned something you may want to action pretty swiftly.

[charitynjw]

rob
charitynjw

Please could you let me know what you think of the attached? I am unsure what to put in points 17.2 a, b and c - any input is hugely appreciated.

RC

Have you obtained a copy of the 6th October 2022 Notice to Keeper?
R0b Tbh, I think that there is a lot of work to do.

[Red Coral]

charitynjw No, I have lost the original letter. The only correspondence I have is the reminder notice I shared with you.

RC