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UKPC- small claim court, court case for unpaid tickets on private land
sharea
post Mon, 30 Apr 2018 - 19:01
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I live on the private property since 2009. In 2013 I was informed that UKPC will be controlling the parking to make sure no unauthorised vehicles
are parked in the parking spaces provided for people living at the property. Long story short, I lost one of my permits, contacted UKPC twice- no reply, got
parking tickets (about 10), did not contact them anymore and now received a letter saying they are taking me to the court. I have completed my defence (not sure whether that was a good decision, should have asked for professional advice first) and now I got Notice of Proposed Allocation to the small Claims Track and questionnaire if I want to use a mediation service. I have started filling this is but then I thought, I do not want to compromise.
This is ridiculous. I live here and they want to charge me for parking to which, I believe, I am entitled to. The purpose of the controlled parking was to stop people who do not live at the property from parking here, however, it seems
that people who live at the property are the one to suffer most. Please help. I do not what to do..
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post Mon, 30 Apr 2018 - 19:01
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sharea
post Fri, 4 May 2018 - 08:20
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I have already submitted defence so not much I can do. I dont think I can amend it now.

Also, I have completed N180 questionnaire saying no to mediation and got the same questionnaire from their solicitor stating they do want to mediate.

Should I still try to write to them and/or to their solicitor to withdraw the claim? Or should I proceed and fight it in the court?

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nosferatu1001
post Fri, 4 May 2018 - 08:49
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You could write them a short letter stating that
1) The landlord authorised you to park there, and did not require you to enter into a contract iwth a third party to do so
2) The lack of permit was entirely the claimants fault, so even if a permit was required, thelack of display was due to the claimant and a court will not allow their unjust enrichment due to their own failings

State you are keeping a careful note of your costs, and will ask the court for these to be reimbursed in full under CPR27.14(2)(g) as their claimants action is clearly unwarranted, and has no realistic prospect of success. You invite them to drop their claim now, on a "drop hands" basis, otherwise you will push for your full costs when you prevail.
This offer is open for 7 days.
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sharea
post Wed, 16 May 2018 - 09:12
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QUOTE (Eljayjay @ Wed, 2 May 2018 - 11:38) *
I think the big problem here is that you are short of documentation and short of evidence for both the claim and your defence.

You could try to overcome this by following the two-part process mentioned below.

Part 1:-

Your defence could read along the following lines...

The Claimant has provided a minimal amount of information in relation to the cause of its claim, thus making it almost impossible for me to mount a robust defence.

The Claimant has not provided the parking agreement between it and the owner or occupier of the land purporting to grant the right to the Claimant to charge for parking.

The Claimant has not provided the site plan provided by it to its accredited trade association.

The Claimant has not provided a copy of the written contract for the alleged debt.

The Claimant has not provided the accredited trade association’s code of practice to which it claims to adhere.

If there is a lease governing parking on the land, the Claimant has not provided a copy of the lease.

If a lease exists and any rules or regulations have been made in accordance with its provisions to allow your company to operate a parking scheme on the land, the Claimant has not provided a copy of those rules or regulations duly signed, etc. by the person(s) who made them.

If a lease exists and any rules or regulations have been made in accordance with its provisions, the Claimant has not provided a note of the specific provisions in the lease in accordance with which those rules or regulations were made.

If a lease exists and it granted individual rights to park on the land to a particular person (e.g. the lessee), the Claimant has not provided a note of the name and address of that person and a copy of the instrument which either transferred those individual rights from that person to your company or permitted them to be shared by that person and your company.

I have written to the Claimant seeking this missing documentation and any other documents on which it will rely in Court so that the Claimant and I have an opportunity to narrow the issues between us without the necessity of proceeding to a court hearing in accordance with The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice effective from 1 October 2017.

In the event of the Claimant failing to respond on all of the points contained in my request, I ask that its claim should be struck out by the Court.

Additionally, I ask the Court to allow me the opportunity to amend my defence in the light of the information contained in the Claimant’s response.

<Add any other points which you wish to make and a statement of truth>


Part 2:-

At the same time, you would need to write to the Claimant or its solicitor along the following lines…

Dear Sirs,

I am writing this letter in response to your claim (No. xxxxxxx) for a parking charge, etc. issued through the County Court Business Centre at Northampton. Your reference xxxxxx applies.

I do not know why you are demanding a parking charge and, that being so, I am defending the claim. As we are required by The Pre-Action Protocol for Debt Claims made by the Master of the Rolls as Head of Civil Justice to narrow the issues between us, I am willing to reconsider my position provided that you supply me with the following documents:-

<tab> the parking agreement between your company and the owner or occupier of the land purporting to grant the right to your company to charge for parking;

<tab> the site plan provided by your company to its accredited trade association;

<tab> a copy of the written contract for the alleged debt;

<tab> the accredited trade association’s code of practice to which your company claims to adhere;

<tab> if there is a lease governing parking on the land, a copy of the lease;

<tab> if a lease exists and any rules or regulations have been made in accordance with its provisions to allow your company to operate a parking scheme on the land:-

<tab><tab> (a) a copy of those rules or regulations duly signed, etc. by the person(s) who made them; and
<tab><tab> (b) a note of the specific provisions in the lease in accordance with which those rules or regulations were made;

<tab> if a lease exists and it granted individual rights to park on the land to a particular person (e.g. the lessee), a note of the name and address of that person and a copy of the instrument which either transferred those individual rights from that person to your company or permitted them to be shared by that person and your company; and

<tab> any other documents on which you will rely in Court.

I look forward to receiving the documents from you as soon as possible.

Yours faithfully,


I have sent these letters as suggested. Have not heard from the court yet but got a response from SCS.
[attachment=55349:scs.jpg]
Please find it in the attachment.
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Umkomaas
post Wed, 16 May 2018 - 10:03
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Have you requested Uxbridge County Court for the hearing? It is the Defendant (you) who makes the request for the location of the hearing venue, not the Claimant.
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sharea
post Wed, 16 May 2018 - 14:09
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When completing questionnaire I was asked where would I want the hearing to be so I stated close to where I live.
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Umkomaas
post Wed, 16 May 2018 - 15:42
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QUOTE (sharea @ Wed, 16 May 2018 - 15:09) *
When completing questionnaire I was asked where would I want the hearing to be so I stated close to where I live.

Would Uxbridge be anywhere close to where you live?
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Eljayjay
post Wed, 16 May 2018 - 18:40
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I think the time has come for you to obtain a copy of the head lease (as opposed to the title document obtained previously) from the Land Registry using form OC2. Google OC2.

This post has been edited by Eljayjay: Wed, 16 May 2018 - 18:41
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sharea
post Thu, 17 May 2018 - 08:33
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QUOTE (Umkomaas @ Wed, 16 May 2018 - 16:42) *
QUOTE (sharea @ Wed, 16 May 2018 - 15:09) *
When completing questionnaire I was asked where would I want the hearing to be so I stated close to where I live.

Would Uxbridge be anywhere close to where you live?

Yes. Is that bad?

QUOTE (Eljayjay @ Wed, 16 May 2018 - 19:40) *
I think the time has come for you to obtain a copy of the head lease (as opposed to the title document obtained previously) from the Land Registry using form OC2. Google OC2.

I have that from land registry.

Should I send the tenancy agreement to SCS Law as requested or not?
In the letter, they say 'We note your reference to having an entitlement to park by reason of your tenancy. We invite you to provide us with a copy of your tenancy agreement for our client to consider its position in this regard'.
In the tenancy agreement, the parking isn't specified however it says I can make use of facilities which, I hope, includes parking.
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nosferatu1001
post Thu, 17 May 2018 - 13:09
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Yes, you are expected to cooperate.
It is reasonable to say parking is a communal facility. Especially if there is no definition otherwise - the most favourable interpretation to YOU is the one that MUSt prevail, CRA2015.
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Umkomaas
post Thu, 17 May 2018 - 20:57
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QUOTE (sharea @ Thu, 17 May 2018 - 09:33) *
QUOTE (Umkomaas @ Wed, 16 May 2018 - 16:42) *
QUOTE (sharea @ Wed, 16 May 2018 - 15:09) *
When completing questionnaire I was asked where would I want the hearing to be so I stated close to where I live.

Would Uxbridge be anywhere close to where you live?

Yes. Is that bad?

QUOTE (Eljayjay @ Wed, 16 May 2018 - 19:40) *
I think the time has come for you to obtain a copy of the head lease (as opposed to the title document obtained previously) from the Land Registry using form OC2. Google OC2.

I have that from land registry.

Should I send the tenancy agreement to SCS Law as requested or not?
In the letter, they say 'We note your reference to having an entitlement to park by reason of your tenancy. We invite you to provide us with a copy of your tenancy agreement for our client to consider its position in this regard'.
In the tenancy agreement, the parking isn't specified however it says I can make use of facilities which, I hope, includes parking.

No - I just wanted to be clear that when SCS quoted Uxbridge CC as the hearing venue, that they weren't trying to hoodwink you into believing they decided where the hearing would take place. It's clear now that it's been allocated to:

QUOTE
When completing questionnaire I was asked where would I want the hearing to be so I stated close to where I live.


No drama
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Eljayjay
post Thu, 17 May 2018 - 23:15
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So, post anything and everything that the head lease says about parking.

Also post anything and everything that the head lease says about how the terms of the lease can be amended or any ways in which anyone can make rules or regulations to change or add anything to the existing terms.

In addition, post anything what the head lease has to say about third party rights.

This post has been edited by Eljayjay: Thu, 17 May 2018 - 23:17
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