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#Post#: 22050--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: slapdash
Date: May 10, 2024, 7:08 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> In their contract, a “parking charge” cannot come under the
heading of “Fines”.
>
--- End Quote ---
-------
Fines and charges.
You are responsible for the payment of any fines or charges
relating to your vehicle, e.g. parking fines, fixed penalty
notices, traffic camera offences, congestion charges, etc. If we
are required to pay
a fine on your behalf, we will recharge you or your company
along with an administration fee.
-----
The above are the words. Not entirely satifactory. A literal
reading suggests they can only tell you you are responsible
unless you have been convicted.
Ops variant in their actual contract may be different of course
#Post#: 22054--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: May 10, 2024, 7:15 am
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OPs version has no mention of “charges” and only shows a list of
“fines” under the sub heading of “Fines”.
#Post#: 22064--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: slapdash
Date: May 10, 2024, 7:48 am
---------------------------------------------------------
Trying not to annoy mod again.
It seems reasonable to assume that what the OP posted from their
email introduction is a verbatim extract from the signed
contract.
On a strict reading (as is often pointed out) one can only get
fined by a court.
In popular parlance a fixed penalty or a decrim penalty might
reasonably be described as a fine. An invoice for a private
charge ? No. Not least because of the lack of any statutory
enforcement framework.
If a vehicle provider - and something like 80% of vehicles are
provided by some form of 3rd party agreement - wishes to use it
contract to transfer, or in many cases pay and recharge then it
has a duty to be accurate.
It can't be that hard for providers to cover it, and the PPCs to
produce notices that are not defective.
#Post#: 22067--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: H C Andersen
Date: May 10, 2024, 8:14 am
---------------------------------------------------------
OP, IMO you should forget about VWFS for now and deal with UKPC.
DWMB2 gave you a detailed form of appeal on 28 April, within
UKPC's arbitrary appeal period.
But an appeal was not made.
UKPC haven't heard from you and so have gone into auto mode i.e.
sending reminder and then debt collector letters. Standard
stuff.
IMO, you must write to them along the lines set out earlier.
They can regard or disregard, that's their choice. But you
should show them that you know the law and that they are on to a
loser should they proceed to court.
The longer you wait to communicate the more confident they
become that they've found another mug who will pay eventually
after they've applied their literary thumbscrews.
#Post#: 39572--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: October 6, 2024, 9:37 am
---------------------------------------------------------
After lots of letters from different debt collection agencies,
my wife received this claim form
HTML https://imgur.com/FMeLjCH
in the post on Friday.
As this is our first rodeo, advice about how to respond would be
appreciated.
I've re-read the thread though I'm not 100% sure of the exact
course of action from here.
Thanks for your patience and your advice
🙏❤️
#Post#: 39575--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: DWMB2
Date: October 6, 2024, 9:54 am
---------------------------------------------------------
You have blurred out the particulars of claim, but we need to
see those. They form the basis of the claim against you.
#Post#: 39579--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: October 6, 2024, 10:15 am
---------------------------------------------------------
Why on earth would you redact the Particulars of Claim (PoC)? it
is those PoC that will decide on how you (your wife) defends
this. If you're really paranoid about revealing the pot, show us
the "Reason".
We have a standard short defence and draft order for this. I can
give you odds of 1000:1 that this will either be struck out or
discontinued early next year.
With an issue date of 2nd October, you have until Monday 21st
October to Acknowledge Service (AoS) of the claim. Here is a
link to a PDF that explains exactly how to do the AoS on MCOL.
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is nothing to be gained by delaying the AoS. Once the AoS
has been done, you will then have until 4pm on Monday 4th
November to file the defence.
Whilst you may do all the legwork on this, it must all be done
in the defendants name, your wife, if it's her name on the claim
form.
Let us know when you have completed the AoS and we will provide
the defence and draft order to go with it which will be
submitted as PDF attachments to an email. Do not, under any
circumstances, use the MCOL defence submission.
#Post#: 39591--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: October 6, 2024, 10:52 am
---------------------------------------------------------
Please remember this is our first time at bat. Elsewhere in this
forum there is advice about blurring out identifying
information. I thought I was doing the right thing.
Here are the Particulars of Claim...
HTML https://imgur.com/qenb1NP
HTML https://imgur.com/qenb1NP
I shall proceed with the AoS now.
Thanks 🙏❤️
#Post#: 39593--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: October 6, 2024, 11:04 am
---------------------------------------------------------
Thank you. To help you understand why these are easy to defend,
consider what would be the situation if you had no prior
knowledge of the PCN and the first you know about the was the
allegation in the Particulars of Claim (PoC). How could you
defend against the woefully inadequate information in there?
Check the date they claim the PCN was "issued". I will place
money on the fact that it was not "issued" on that date. A PCN
NtK can only be issued after they apply for and receive the
Keepers data from the DVLA. That can never happen on the date of
the alleged contravention.
Based on the PoC, what was the exact contractual term the driver
is alleged to have breached? Simply stating the reason as
"vehicle on site in excess of paid for time/parked without
making a valid payment" does not state the precise wording of
the clause they are relying on.
How long was the vehicle at the location before the breach of
contract occurred?
How is the statutory interest calculated? From what date has it
been calculated and has it been calculated on the principal sum
or on the total sum being claimed.
What portion of the sum being claimed is being claimed as
parking charges and what portion is claimed as damages?
I could go on, but you see the point I am getting at, hopefully.
#Post#: 39594--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: October 6, 2024, 11:25 am
---------------------------------------------------------
--- Quote ---
> I shall proceed with the AoS now.
--- End Quote ---
Done ✅
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