Read the newbies thread, confused over adapting the Defence template over MCOL

JamesBebb

Hi, I've received a county court claim form for parking charge from UKPC. The case is founded on me 'Not parked correctly within the markings of the bay or space.', to which there was no space or bay indicated, so I can dispute on that simple fact.

I have been reading the defence template, but am intending to appeal online via MCOL - the defence template is much much longer than the 122 lines allowed for a defence through MCOL website. Is there a defence template already matched to fit it? Or do I need to reduce it and send a separate defence to the CCBCAQ@Justice.gov.uk address?

Le_Kirk

You don't put anything in the defence box on MCOL not even a full stop.  That is why we say to use the e-mail address.  Once you have submitted the AoS, your defence uses the template you will find on the first page of the forum.  Of course if there are no markings you cannot park within them.  Evidence doesn't go with defences (goes later with witness statement) but if you can get some photos now that would help you later.

JamesBebb

Yes, I have completed the AoS. So now I submit my defence to the email address as detailed in the newbies thread, and ignore 'Start the defence' on the MCOL website?

KeithP

JamesBebb said:

Yes, I have completed the AoS. So now I submit my defence to the email address as detailed in the newbies thread, and ignore 'Start the defence' on the MCOL website?

That's right.

Having filed an Acknowledgment of Service, you should now treat the MCOL website as 'read only'. 
Do not do anything more on that website.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

JamesBebb

Issue date is 28/07/2021
I submitted the AoS today.
Quite quick I know, but I am confident in my case and will be ready to send my defence in the next few days.

D_P_Dance

Have you complained to your MP?

Coupon-mad

Have you done the Government Consultation yet?  

Please comment on the government consultation concerning parking charges and complain to your MP about the proposal to allow fake add on debt recovery costs.

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

 

Umkomaas

Is this relating to a single, or multiple tickets?  UKPC have historically had a threshold of around £600 below which they've not bothered suing.

Which law firm are representing UKPC (their name will show on the court claim form). 

KeithP

JamesBebb said:

Issue date is 28/07/2021
I submitted the AoS today.

With a Claim Issue Date of 28th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st August 2021 to file your Defence.

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

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

JamesBebb

D_P_Dance said:

Have you complained to your MP?

No, not yet. If it's part of the instructions I will do it.

Coupon-mad said:

Have you done the Government Consultation yet?  

Much of the proposed framework is naive (or written by the parking firms) and the stuff allowing fake costs is appalling,  and the public MUST be heard:

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p1

Doesn't look necessary now, but will done once the defence is submitted.

Umkomaas said:

Is this relating to a single, or multiple tickets?  UKPC have historically had a threshold of around £600 below which they've not bothered suing.

Which law firm are representing UKPC (their name will show on the court claim form). 

Hi, only one ticket, for which they are charging £261 (original fine £100).

The law firm is DCB Legal. I've noticed a few posts on the forum for them this , so wonder if they have just tried a spam out to see what they can get. If I write a decent enough defence (main issue is signs were not clear, and no markings or bays on road) do you think it's likely they might just fold and I can claim my expenses, given the low amount?

D_P_Dance

Hi, only one ticket, for which they are charging £261 

Almost certainly containg unlawful add ons, have you read this?

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Also read this

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html