UKPC / SCS LAW Court Claim Form Options

[Namiku]

Good evening,

I hope you're all well. Been a while since I was last on here.

So some time ago around 1 AM the driver drove the keeper to hospital. Didn't think much about it at the time and just parked as close to the hospital on the main road.

There were some complications so the keeper had to be admitted to hospital. The driver went home around midday the next day and noticed there was a penalty on the windscreen.

After a few hours sleep the driver went back to the hospital and parked on the main road having forgotten about the penalty before. The driver came out late the same evening and saw another penalty on the windscreen. They were PPCs so we decided to ignore them.

During the time the keeper stayed in hospital we got about 6 in total. They sent chaser letters every few months and we just ignored them as per previous advice.

We've received a Claim Form (in keepers name) by the court from UKPC and SCS LAW and obviously cannot ignore this. No evidence has been given and it seems it will follow in 14 days as stated on the form.

All of the PPC and the claim forms are in keepers name. The keeper was obviously not driving as they were in hospital. Are we right in thinking that with the evidence of the keeper being in hospital and obviously not driving, and therefore not entered any contract with regards to parking, this is a pretty straightforward win for us?

We have been searching for cases where the defendant was not the driver however we cannot seem to get anything recent up.

Any help or pointing in the right direction is appreciated.

Thanks

** EDITED TO OBSCURE DETAILS **

This post has been edited by Namiku: Thu, 23 Aug 2018 - 13:26

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[Redivi]

and obviously not the driver, and therefore not entered any contract with regards to parking, this is a pretty straightforward win for us?

Not since six years ago when the Protection of Freedoms Act allowed companies to recover the payments from the registered keeper

All is not lost however because the parking company must meet certain conditions

The first is that it must apply for the registered keeper details on each and every occasion
Your wife therefore needs to check with the DVLA on how many occasions this was done
This would, of course, be unnecessary if the DVLA had to inform registered keepers when searches are made

The Notices to Keeper must be sent at the right time and contain required information
UKPC is better than most but if it only applied to the DVLA once, it can only recover a single parking notice

There are other defence points available such as UKPC's legal capacity to issue claims, breaches of the NHS memorandum and the British Parking Association Charter for Hospital Parking
There's also the technical issue that the driver rejected the offer of parking and became a trespasser
Only the hospital can bring a claim for trespass and damages are limited to the benefit gained - the cost of the parking

As a last resort, the maximum that can be be recovered is the original parking charge
UKPC and SCS can whistle for the £60 additions to each parking notice

First step after contacting the DVLA is to follow the instructions to acknowledge service of the claim
This gives an extra 14 days to prepare the defence

She does not dispute jurisdiction unless she lives outside England and Wales
She disputes all of the claim
She must not put anything at all in the defence box

[Eljayjay]

Acknowledge service of the claim through MCOL immediately. Do not enter anything as a defence at this stage, not even a space or full stop.

Provided that the parking company has complied with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, they can pursue her as the keeper of the vehicle given that it was registered in her name although the fact that she was in hospital may pose a problem.

For the most part, I stick to residential parking cases. Others will be along with more advice applicable to your situation.

Have you tried getting the tickets cancelled through PALS - I think it stands for Patients Advice and Liaison Service - at the hospital? If not, do so as soon as possible.

[Redivi hit the button before me. He is one of the posters able to give far better advice than I in your situation.]

For the future, never ignore a letter before claim/letter of claim/letter before action- they are the same thing.

How is fatherhood?

IMMEDIATELY, edit your posts to refer to the driver and the keeper. For example, “the driver drove the keeper”.

This post has been edited by Eljayjay: Sun, 19 Aug 2018 - 00:03

[Namiku]

Thanks for your repsonses. I made some edits to the post.

I am 99.9% sure they have not sent a letter before claim to be honest and we have not heard from them in the last 6 months for sure.

So the claim has been acknowledged online and it has been stated we intend to defend all of the claim. No defence was entered. We are awaiting evidence from claimant which should arrive within 14 days as per what is stated on the form.

Next step will be to contact DVLA to see how many times details have been searched for the keeper between 01/01/2016 and present day and also will be getting in touch with PALS to try and get them cancelled as it was in fact a fault by the hospital staff that caused for the keeper to be admitted for longer than necessary.

Any further help greatly appreciated.

** EDITED TO OBSCURE DETAILS **

This post has been edited by Namiku: Mon, 20 Aug 2018 - 08:25

[Jlc]

PALS won't assist at court stage.

A lack of following PAP isn’t a defence but may assist with costs after judgment.

[nosferatu1001]

How do you know the "evidence" wil arrive within 14 days? Do the PoC state as such - further and better particulars to follow?

If nothign actually states this, then I certainly would nto presume theyre sending it

Did they comply with POFA? Check each NtK. You need to look at Schedule 4, para 8 if there was a windscreen ticket OR para 9 if there was none on the windscreen.

[emanresu]

Which hospital Trust?

PALS won't help but if you go straight to the top - the Chief Executive and the Medical Director you'll get more change out of them. If they sat no, then there is a lot more s**t you can throw at this. UKPC are a thoroughly disreputable company which helps your case.

[ostell]

Can you edit your first post so that the identity of the driver cannot be inferred.

[Namiku]

Thank you all for advice. The posts have been edited to obscure details.

The form states that the claimant will send evidence within 14 days.

DVLA will be contacted today to find out how many times keeper details were searched.

Might be worth firing an email to CEO, it's Buckinghamshire Healthcare NHS Trust.

Will update you soon.

Thanks

[emanresu]

Follow this thread as it is for the same site though this is them hassling staff and not visitors. It is also at later along the claim stage so has documents you'll not have seen yet.

https://forums.moneysavingexpert.com/showth...d.php?t=5823752

[Namiku]

Just spoken to DVLA and have been told that we need to fill in a V888 form and send that by post in order to find out what we need. This will also take 2-4 weeks to be actioned which is not good. Looking at the form I think we have been misinformed and this isn't what we need to do. Appreciate if someone can clarify.

I'll give some additional info to clarify things a but further. At the time when the penalties were received the keeper was not the driver. Around a year ago the driver became the keeper. So if requesting info from DVLA for the time when the vehicle had the previous keeper how do we go about it? Also is V888 form the correct one or do we need to be going another way about it?

Many thanks in advance.

[ostell]

You send the request to: SubjectAccess.Requests@dvla.gsi.gov.uk I believe this is still current. DVLA staff are not very well informed, this matter regularly comes up Make sure the request is from the registered keeper at the time or the request will be refused, give address etc so that they can verify. They respond with giving a long time to respond but the response, while not by return, will be relatively quick.

[cabbyman]

I can confirm that Ostell has given the correct E mail address; I have used it within the last few weeks.

Make sure you give the full registration, make model and colour of the car along with the full name and address of the RK, as it appears on the v5. It saves them coming back for more details later.

The auto response will say expect a reply in 40 days but they normally get a response to you by post within about 3-4 days.

[Namiku]

So the request was sent to DVLA and they have sent a list back. Seemingly UKPC have requested details accordingly for X amount of times as there are charges.

We have been rummaging amongst old papers and found the original NtKs and also some letters sent from their debt recovery DRP. The pictures on the NtK seem very poor quality, the evidence which should be received within 14 days as per might be a bit better. We can probably find almost all the correspondence they have sent in regards to these PPCs as we would have dumped them in a box in the garage.

What would the next steps be here?

Thanks in advance.

This post has been edited by Namiku: Thu, 23 Aug 2018 - 13:16

[ostell]

They are not penalties !!

OK Post up a suitably redacted NTK.. Leave the dates.

[Namiku]

They are not penalties !!

OK Post up a suitably redacted NTK.. Leave the dates.

I edited accordingly not sure why it slipped the tongue!

I will post them soon.

[Namiku]

All sides of NtKs

1.0
1.1
2.0
2.1
3.0
3.1
4.0
4.1
5.0
5.1


I might have gone overboard with redaction

This post has been edited by Namiku: Thu, 23 Aug 2018 - 15:28

[Namiku]

A particulars of claim has been sent to us today from SCS. I'm not sure if this is what constitutes evidence but apart from a few statements explaining the alleged contraventions there is no evidence and the outstanding sums on each PCN have been doubled to £120 without reason. What would be the next steps here?

This post has been edited by Namiku: Fri, 24 Aug 2018 - 18:37

[ostell]

Was there a ticket on the windscreen? If not it would appear that the have not issued the PCNS within 14 days that are required to hold the keeper liable

[Albert Ross]

Have a look here for posting attachments