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#Post#: 64142--------------------------------------------------
Small claim court letter received. Observed leaving site UKCPS
Sheff
DIR By: Pauly436
Date: March 25, 2025, 4:40 pm
---------------------------------------------------------
Dear all,
Thanks in advance for any support. I have just received a claim
form for a PCN with UKCPS and I am seeking advice ahead of
defending this. Here are the facts
Oct 2023 Driver parked in a UKCPS car park in Sheffield that
boarded a KFC/Costa and Library/GP
Google maps -
HTML https://shorturl.at/Di6gB
HTML https://shorturl.at/Di6gB
Driver left the vehicle and crossed over an alleged boundary
that UKCPS claims was their site boundary. Driver returned to
the car 1 minute 22 seconds later and moved the vehicle off
site. From Google maps you will see that the car park seems to
service both the Library/GP and the Costa/KFC
08/11/2023 NTK sent to driver
HTML https://ibb.co/j9GGGDCK
HTML https://ibb.co/j9GGGDCK
Since then
Appeal to UKCPS rejected
Appeal to IAS rejected
During the IAS appeal, UKCPS provided various documents
including a sitemap referencing signage. The site map provided
by UKCPS clearly shows they believed signs to be present at the
entrance to the car park (which were not there) and on the side
of the car park the driver stopped at ( which were not there).
Fueling my argument that signage was insufficient.
An edited version of their site map is linked
here
HTML https://ibb.co/hR6sckPs
HTML https://ibb.co/hR6sckPs
Drivers car added in red.
Red circle in front of car shows sign not installed.
Red circle at entrance was installed inwards and not outwards
therefore not visible on entry
Arrow shows direction of travel of driver on foot
(still the IAS rejected this evidence of lack of signage)
Here is a google map view of the car park with the car location
again in red and the lack of signage were they claimed it was.
HTML https://ibb.co/vvrtQf6d
HTML https://ibb.co/vvrtQf6d
Here is a picture taken from the center of the car park showing
car location and red circle lack of signage
HTML https://ibb.co/7t7ycStb
HTML https://ibb.co/7t7ycStb
Here is a google map view of the entrance to the car park
without any signage.
HTML https://shorturl.at/Di6gB
It may amuse you to hear that even though UKCPS rejected my
appeal. They installed signs at these locations a month after my
defense to IAS. As shown here
HTML https://ibb.co/vxvpY20T
I feel I am in strong position and here is my current argument,
1)Driver was parked for 1 minute 22 seconds. Well short of a
consideration period
2)NtK Does not specify a time frame only a specific time
3)Inadequate signage of what the “Site” was
4)Later installation of further signs indicates acceptance that
signage was not adequate at time of PCN
The risk of CCJ is weighing heavy on me but I also feel this is
unjust. Advice and reassurance on the potential success of this
would be appreciated. Also any legislation/codes of practice I
should be applying to this. The PCN was before the Oct 2024
private parking code of practice.
Note. I was sent a Letter of claim that I have only now realized
was a LOC. Under the barrage of debt recovery letters I didn't
notice it was different. This was not responded to.
Thanks
Pauley
EDIT - Claim form attached here
HTML https://ibb.co/Rk2XjPc5.<br
/>Moorside legal services LTD are representing
#Post#: 64144--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: RichardW
Date: March 25, 2025, 4:50 pm
---------------------------------------------------------
Post the claim form, redact personal info and MCOL password, but
leave dates showing. Did you identify the driver in your
correspondence?
As long as you defend the claim you won't get a CCJ - even in
the unlikely event you lose, as long as you pay it promptly it
will be wiped.
b789 will provide a defence - most likely the claim will have
been poorly submitted and will be withdrawn before it gets to a
hearing. Who is their legal agent?
#Post#: 64145--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: March 25, 2025, 5:01 pm
---------------------------------------------------------
Moorside legal services LTD are representing
Driver not identified in correspondence
Claim form has been added to original post
#Post#: 64160--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: RichardW
Date: March 26, 2025, 3:04 am
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Please confirm the date of issue - this is the important one, as
confirms the time scales for Acknowledgement of service /
submitting defence.
#Post#: 64166--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: March 26, 2025, 4:00 am
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Date of Issue of claim form was 13th March. Due to being away I
only received it yesterday.
The 14 day window of reply is tomorrow. would you advise
acknowledging today to get the 28 days to provide a defence?
First time doing this but I believe that’s how it could work.
Thanks so much for providing assistance.
#Post#: 64180--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: RichardW
Date: March 26, 2025, 5:15 am
---------------------------------------------------------
I am not the expert, but if you are up against the time, then
definitely submit the AOS to buy the extra defence time. If you
look on various threads, b789 has put up the defence many times,
it should be pretty much the same here, the POC from Moorside
are the usual garbage.
#Post#: 64188--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: G6PRK
Date: March 26, 2025, 6:03 am
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Acknowledge service based on the instructions in this PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Take a stab at preparing a defence based on the information
throughout the forum and await further support from
[member=26]b789[/member] or one of the other regulars.
#Post#: 64206--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: March 26, 2025, 7:32 am
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A claim issued through MCOL is deemed served five days after the
issue date. So, the clock doesn't start running until the 5th
day after the issue date. Any deadline that falls on a weekend
or bank holiday is moved to the next working day. So, you have
more time than you think.
With an issue date of 13th March, you have until 4pm on Tuesday
1st April to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 15th April to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order and
relevant transcripts that go with it. You only need to edit your
name and the claim number. You sign the defence by typing your
full name for the signature and date it. There is nothing to
edit in the draft order.
When you're ready you send all the documents as a single PDF
attachment (in the order of 'defence', 'draft order' and then
the 2 'transcripts') in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of UKCPS Ltd v [your full name] Claim no.:
[claim number]."
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> UKCPS Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4(1)(a).
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
>
> (d) The PoC do not state with sufficient particularity
exactly where the breach occurred, the exact time when the
breach occurred and how long it is alleged that the vehicle was
parked before the parking charge was allegedly incurred;
>
> (e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
>
> 4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44]
and CPMS v Akande 2024 [K0DP5J30], which are persuasive
appellate decisions. In these cases, claims were struck out due
to identical failures to comply with CPR 16.4(1)(a). Transcripts
of these decisions are attached to this Defence.
>
> 5. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR
16.4.(1)(a). The judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Failed to explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather than
permitting an amendment.[/indent]
>
> 6. The Defendant submits that the same reasoning applies in
this case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4(1)(a).
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
If you want an editable MS Word file with everything in a single
document which you can then save/export as a single PDF file
when ready to send, use this:
MS Word .docx file for defence [CPR 16.4(1)(a)]
HTML https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0
#Post#: 64220--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: March 26, 2025, 8:54 am
---------------------------------------------------------
I can’t thank you all enough. It was a short time frame so I
really appreciate the defence being built so quickly for me. I
have just submitted the AoS to give me abit of time to read it
all over and amend the parts you mention.
#Post#: 64241--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: March 26, 2025, 10:33 am
---------------------------------------------------------
What evidence do they have that the driver (or anyone for that
matter) left the premises? When you appealed, what did you say
(exact wording). It would be worthwhile knowing if you shot
yourself in the foot.
They never have any evidence of the driver leaving the site.
They just claim that the driver was "observed". That is not
evidence. So, please show us the appeals that were submitted so
that we can assess any damage done in the highly unlikely event
that this ever actually gets as far as a hearing.
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