UKPC Ltd - County Court Business Centre Claim

[charitynjw]

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

RC

By my reckoning, a court claim issued 8th June via MCOL needs a defence filed by 11th July latest.

Evidence is king.
It is essential, when defending a claim, that you know exactly what is being alleged, & all the relevant circumstances & documentation purporting to support the allegations.
Did you download any of the images referred to in the Notices?

[Red Coral]

charitynjw I agree.

Yes, I have downloaded all of the images - I have referred to them on post no.14 of this thread.

RC

[charitynjw]

charitynjw I agree.

Yes, I have downloaded all of the images - I have referred to them on post no.14 of this thread.

RC

What is the range of times date-stamped on the downloaded photos for each pcn?

[Red Coral]

charitynjw

34 seconds and 51 seconds apart. That is the time difference between the earliest and latest time stamped photos for each PCN.

RC

[charitynjw]

charitynjw

34 seconds and 51 seconds apart. That is the time difference between the earliest and latest time stamped photos for each PCN.

RC

Is that from photos downloaded from their website?

[Red Coral]

charitynjw Yes, that is based off of the timestamps from the photos I have downloaded from their website.

RC

[Red Coral]

rob

charitynjw

Please see word document attached. I have added some more information into the 'relevant facts' section.

RC

[R0b]

I've added some comments to the attached.

[Red Coral]

R0b

Thanks for your help so far. I have made some further changes - please let me know what you think.

I am planning on submitting this this PM if possible.

Thanks,
RC

[R0b]

Sorry I have only just seen your post. Did you manage to send this off yesterday?

My only suggestion would have been to leave in 27.2 but amend it so that it says "contrary to condition 6(1)(b) the notice issued to the Registered Keeper did not comply with the requirements of condition 9(2)" and leave it at that so it gives you some leeway when or if you receive the original PCN which you should request using a subject access request.

[charitynjw]

R0b

Thanks for your help so far. I have made some further changes - please let me know what you think.

I am planning on submitting this this PM if possible.

Thanks,
RC

Imho, the main points (Notice(s) defective for keeper liability*, primacy of resident's lease over the parking company/driver contract) are stated, plus certain disputed points re signage, are stated in the defence.
They can be fleshed out later.

*This needs to be stated for both Notices.

[Red Coral]

R0b

charitynjw


Yes, I sent this off yesterday. I had to remove some of the text as I was limited to 122 lines of text - something I should have checked before.

I'll let you know what happens from here. In any case, I really appreciate both of your help - incredibly generous to help in the way that you have.

RC

[R0b]

Just as an FYI, the online defence box on MCOL is not the only way you can file a defence. You can actually submit your defence by email in the format as set out in the word document where the defence is long that the characters allowed online. If you have removed certain things from your defence you may very well be at a disadvantage when it comes to the hearing because the judge may only hear or take into account the elements based on your defence.

Not suggesting it will happen, but don't be surprised if the judge questions why you have not submitted those particular arguments in your defence.

[Red Coral]

R0b


Oops...

I assume now that I have submitted this online, I can't now also send an e-mail with the full document?

RC

[charitynjw]

R0b


Oops...

I assume now that I have submitted this online, I can't now also send an e-mail with the full document?

RC

Check the claim status on MCOL.
If your defence has already been forwarded to the claimant you might need the court's permission to file an amended defence