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UKPC court claim

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  • UKPC court claim

    Hi all,

    I have been trawling through to see if there was any cases similar to mine, so as not to double post or ask something someone has already asked about. I have not seen any so far, so I thought I'd put this up for some help please.

    Got a small claims court notice for some parking charges via SCS law dated 15/02/17, received on Monday. I filed an acceptance of claim last night which I intend to fully defend. Some if not most of the charges are for not displaying a tax disc or expired parking permit - not sure yet. I have to see exact claim which they haven't sent me the details yet. I imagine I should be asking the claimant to tell me the exact details of what I am being charged for?

    Help would be much appreciated.
    Tags: None

  • #2
    Re: UKPC court claim

    I assume the claim form says "particulars of claim to follow" ?

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

    Comment


    • #3
      Re: UKPC court claim

      Yes. It arrived last night. Just at lunch at work now so figuring how to upload it via my mobile. Took pictures of it and it dates to august 2015

      Comment


      • #4
        Re: UKPC court claim

        Images now attached. Sorry if it's not so clear, or I omitted something.
        Attached Files

        Comment


        • #5
          Re: UKPC court claim

          Do you have any site pictures (signs layout etc), the pcns ? etc

          M1
          ********************************Signature********* ************************

          Private messages are off as all help on this site is on board.

          Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


          I can only help with what you tell me. Post up information (other than names and addresses!).

          I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

          Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

          If you want to tell someone YOU were driving, go to confession.

          I,I,I,I,I,I should be avoided unless you are Jim Diamond.

          Comment


          • #6
            Re: UKPC court claim

            Morning, PCNs no. I threw them away cos I thought they weren't going to go this far, as per historical comments from somewhere (some authoritative website, can't remember which) that there are all sorts of legal hoops to overcome to prove owner/driver so it was going to be a dead in the water challenge for them. Seems this must have changed recently?

            i'll take pictures of the signs, when I am back home. There isn't a sign layout, but I can draw one. I know it might be tricky without the pcns, should I ask for "specificity" of the individual charges? So it can provide more details, or hope it can?

            many thanks

            Comment


            • #7
              Re: UKPC court claim

              There seems to be no clear indication of the terms actually breached other than "a designated area".

              Is this by chance, a car park where you live? The fact that you stated this could be for not displaying a valid tax disc suggests this sort of contact.

              Things changed "recently" in October 2012 with the introduction of POFA schedule 4

              Comment


              • #8
                Re: UKPC court claim

                Hello,

                I live on a estate, with tenants and home owners alike. Tenants with parking permits (which I have had for 5 years) can park in red bays, with the attached sign. Home owners have the blue signage. I would never have parked in the blue bays.

                I bought the vehicle around that time too, so it could also be when the permit was being transferred, I am not sure as I can not vividly remember the event. Im still trying to get the site layout plan if it helps.

                thanks.
                Attached Files

                Comment


                • #9
                  Re: UKPC court claim

                  Your tenancy agreement, what does that say regarding parking ?

                  M1
                  ********************************Signature********* ************************

                  Private messages are off as all help on this site is on board.

                  Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


                  I can only help with what you tell me. Post up information (other than names and addresses!).

                  I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

                  Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

                  If you want to tell someone YOU were driving, go to confession.

                  I,I,I,I,I,I should be avoided unless you are Jim Diamond.

                  Comment


                  • #10
                    Re: UKPC court claim

                    Part of the tenancy agreement where it talks about vehicles, is cropped in the attached. The other pages are for the parking permit which in itself is non conclusive.
                    Attached Files

                    Comment


                    • #11
                      Re: UKPC court claim

                      So they are saying you did not display a "valid" permit.

                      Do you recall not displaying or having an expired permit ?

                      Have you spoken to the HA to see if they can help ?

                      M1
                      ********************************Signature********* ************************

                      Private messages are off as all help on this site is on board.

                      Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


                      I can only help with what you tell me. Post up information (other than names and addresses!).

                      I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

                      Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

                      If you want to tell someone YOU were driving, go to confession.

                      I,I,I,I,I,I should be avoided unless you are Jim Diamond.

                      Comment


                      • #12
                        Re: UKPC court claim

                        I have, they were having none of it, the HA I mean.

                        The thing is, it could be not displaying a permit although I had been paying for one - monthly via deductions.

                        Not sure, where to go with this now.

                        thanks for the advice and suggestions thus far.

                        Comment


                        • #13
                          Re: UKPC court claim

                          Have you filed acknowledgement of service ?


                          We should write to SCS asking for information.

                          Dear Scs,

                          I am in receipt of a court claim xxxxxxx dated xxxxx which you are pursuing on behalf of xxxx.

                          In order to better understand your claim and narrow down the issues as per the over riding objective please anser the following :-

                          1.Am i being pursued as driver ?

                          2. Am i being pursued as registered keeper ? and as such is the protection of freedoms act 2012 in play ?

                          3. Is the claim a breach of contract or trespass ?

                          Further please supply copies of all PCNs, the signage and the contract which entitles your client to operate on the land in question.

                          Should you require extra time to gather this information please confirm in writing that you are happy to extend the time for me to submit my defence by 28 days to xxxxx pursuant to CPR 15.5.

                          Yours etc

                          M1
                          ********************************Signature********* ************************

                          Private messages are off as all help on this site is on board.

                          Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


                          I can only help with what you tell me. Post up information (other than names and addresses!).

                          I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

                          Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

                          If you want to tell someone YOU were driving, go to confession.

                          I,I,I,I,I,I should be avoided unless you are Jim Diamond.

                          Comment


                          • #14
                            Re: UKPC court claim

                            Thanks M1. I have filed an acknowledgment of service already.

                            Should I send this via email and or post?

                            Comment


                            • #15
                              Re: UKPC court claim

                              Email is quicker and cheaper.

                              M1
                              ********************************Signature********* ************************

                              Private messages are off as all help on this site is on board.

                              Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


                              I can only help with what you tell me. Post up information (other than names and addresses!).

                              I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

                              Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

                              If you want to tell someone YOU were driving, go to confession.

                              I,I,I,I,I,I should be avoided unless you are Jim Diamond.

                              Comment

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