COURT SUMMONS RECEIVED FROM UKCPS, FAILURE TO DISPLAY A BLUE BADGE |
COURT SUMMONS RECEIVED FROM UKCPS, FAILURE TO DISPLAY A BLUE BADGE |
Mon, 17 Mar 2014 - 12:41
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#1
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New Member Group: Members Posts: 2 Joined: 16 Mar 2014 Member No.: 69,480 |
Just received county court summons for not displaying blue badge while parked in a disabled bay,with my disabled (blue badge holder) 86year old mother in law.
Has anybody got any ideas as to the best way of defending this action? |
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Mon, 17 Mar 2014 - 12:41
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Mon, 17 Mar 2014 - 14:05
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Very little to go on. Presumably they placed a PCN on the car, sent letters etc?
It's not a summons - it's a civil claim. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Mon, 17 Mar 2014 - 19:50
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#3
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Member Group: Members Posts: 5,151 Joined: 27 Nov 2007 From: Manchester Member No.: 15,638 |
At this stage explain circumstances and put down some bullets about the charge not amounting to a genuine pre-estimate of loss for breach of contract, contractual penalty etc. The full defence sent in 14 days before any hearing date is the main thing, so just submit a skeleton at this stage.
I would then contact UKCPS and explain circumstances and maybe offer to refund £25 hearing fee if they withdraw claim. They probably wouldn't relish a blue badge case with you and your 86 year old blue badge holder in attendance. Or, depending how bolshy you're feeling, tell them the circumstances and that you look forward to seeing them in court. |
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Mon, 17 Mar 2014 - 20:31
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#4
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New Member Group: Members Posts: 2 Joined: 16 Mar 2014 Member No.: 69,480 |
Your absolutely right JIC,it is a CC claim form,and yes I had received a PCN and several letters, but treated them as speculative invoices and ignored them!
Thanks Alexis for your advice,I prefer the second option, and take them on in court.Can it be heard in my local county court or is it at the court issuing the claim? |
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Mon, 17 Mar 2014 - 21:19
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#5
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Your local court. Ignoring is old advice, especially these guys as they do issue claims, especially for disabled spaces (as 'abuse' is frowned upon) but part of your defence will be that a genuine bb holder was involved.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Mon, 17 Mar 2014 - 23:52
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#6
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Your absolutely right JIC,it is a CC claim form,and yes I had received a PCN and several letters, but treated them as speculative invoices and ignored them! Thanks Alexis for your advice,I prefer the second option, and take them on in court.Can it be heard in my local county court or is it at the court issuing the claim? I have got a pre-written UKCPS defence wording so pm me if you want to see it. Also give me a little bit more detail such as was it a retail park, was the badge forgotten or slipped out of sight, did they send a Notice before Claim first, recently? And finally I would want to see a pic of the actual sign onsite and the words of their 'particulars of claim' and the amount they are claiming, please. All by pm if you prefer. |
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