Parking Control Management (UK) Ltd - Swan Lane

KeithP

Fullerton wrote: »

Hello KeithP, yes its from Northampton and the issue date is the 22nd

I'll assume that's 22nd July.

With a Claim Issue Date of 22nd July, you have until Monday 12th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 27th August 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Fullerton

Thanks for the advice, Post 2 has been read and will be again.

Fullerton

How is this for a first draft of the defence?

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XX##XXX, of which the Defendant is the registered keeper, was parked on the material date in a marked parent and child bay and did not exceed the permitted parking time when reasonable grace periods are applied.

3. The Particulars of Claim state that the driver of the vehicle agreed to pay the PCN within 28days. At no point has there been any admission of who was driving the vehicle thus no driver could have agreed to such payment.

4. It is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

5. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

6. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorization from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

7. The Claimant has failed to comply with The Protection of Freedoms Act 2012 section 7 in the Postal Notification of Parking Charge due to the period of parking not being specified.

8. The Claimant has failed to comply with The Protection of Freedoms Act 2012 section 8 in the Parking Charge – Notice to Keeper due to the period of parking not being specified.

9. The Claimant has failed to comply with the International Parking Community (IPC) Accredited Operator Scheme Code of Practice, v6 Amended 14th June 2017, as applicable at the date of the alleged claim. Specifically, Part B section 15 Grace Periods.

KeithP

In para 3:

At no point has there been any admission of who was driving the vehicle thus no driver could have agreed to such payment.

Sorry, but I can't follow the logic here.

Just because no-one has identified the driver, that does not mean that the driver, by parking, did not enter into a contract.

Fullerton

Sorry, but I can't follow the logic here.

Just because no-one has identified the driver, that does not mean that the driver, by parking, did not enter into a contract.

The PCN came via the post so if the driver has not been identified how can they have agreed to pay within 28 days.

KeithP

Ah, ok. I'm with you now.

That's an interesting point. No mention of 28 days to pay on the sign?

Fullerton

The sign has 28 days to pay charges but the claim specifies the driver agreed to pay the PCN, this can't be proven as the PCN went to keeper who did not identify the driver

KeithP

If the Particulars of Claim say that "the driver agreed to pay the PCN" then clearly that is a nonsense.

Are those the exact words on the PoC?

On the other hand, if it said the driver agreed to pay the parking charge...

Fullerton

The driver of the vehicle with reg xx parked in breach of the terms of parking stipulated on the signage (contract) at xx on xx thus incurring the parking charge (PCN)
The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so.
The claimant claims the unpaid PCN from the defendant as driver/keeper of the vehicle.