UKPC court claim

[ochmode]

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.

[mystery1]

Re: UKPC court claim

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

M1

[ochmode]

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

[ochmode]

Re: UKPC court claim

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

[mystery1]

Re: UKPC court claim

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

M1

[ochmode]

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

[ostell]

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

[ochmode]

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.

[mystery1]

Re: UKPC court claim

Your tenancy agreement, what does that say regarding parking ?

M1

[ochmode]

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.

[mystery1]

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

[ochmode]

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.

[mystery1]

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

[ochmode]

Re: UKPC court claim

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

Should I send this via email and or post?

[mystery1]

Re: UKPC court claim

Email is quicker and cheaper.

M1