UKPC PCN County Court Claim 24 NOV - 2021 - Defence Statement Help Needed

shariifi

Hi all,

I would like to say how amazing this forum is for those of us who need help fighting such claims. 

I have a County Court Claim which dated 24/11/2021 and acknowledged on 30/11/2021.

I have attached below, the court claim and some of the SAR pictures provided by UKPC.

The Claim states that "The driver agreed to pay within 28 days but did".

This is false, I have never contacted them.

The Claim also states that "Despite requests, the PCNs outstanding"

This is also false, I have not received any correspondence/letter from UKPC/DCBL, except the initial PCNs that was displayed on the car window.

I did not see any UKPC sign on side of the street  and no markings (single or double or white) where the was parked. 

I have been parking my car on the same location (work place) over 6 months and never had a PCN issued. 

(Removed by Forum Team)

Please can someone help me prepare the defence statement.

KeithP

shariifi said:

I have a County Court Claim which dated 24/11/2021 and acknowledged on 30/11/2021.

Hello and welcome.

With a Claim Issue Date of 24th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

That's over two 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

shariifi said:

The Claim states that "The driver agreed to pay within 28 days but did".

This is false, I have never contacted them.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Redx

your MCOL password is showing , bottom right, needs further redacting, so get that picture removed asap and post a better redacted version

read this comment about what they are saying

https://forums.moneysavingexpert.com/discussion/comment/78817256#Comment_78817256

this means when a driver decides to park, that same driver agrees to any restrictions or contract by the act of parking, its an implied contract, anywhere, nothing to do with verbal or written consent, you are flogging a dead horse with that argument !!

if you as a driver park in a council bay that says , 1 hour free parking , no return within 2 hours , as a driver you are agreeing to those terms, on the understanding that breaching those terms could result in a penalty notice ( this one is similar, but is a private parking notice instead ) - you as a driver are legally responsible for your driving or parking and also for checking signage etc

email a SAR to the DPO at UKPC to obtain all your data

read the newbies faq sticky thread and defeance template post by coupon mad, top of the forum in announcements

then start drafting your defence, based on that template

ps:- 2 pcn,s at £100 a pop is £200 , not £320

shariifi

How do I replace the picture.

Redx

shariifi said:

How do I replace the picture.

report the post and ask for the picture to be removed due to personal information being visible, choosing that option in the reporting menu of options. you dont have enough posts to do it yourself, so report it

Coupon-mad

Right, clearly I need to add something to the Template Defence thread to stop people from telling us they 'didn't agree'.  That is the third time today...

shariifi

Are para 4 to 18 from the template always included in the defense statement?

KeithP

shariifi said:

Are para 4 to 18 from the template always included in the defense statement?

Yes.

But it's your Defence (note spelling) and you decide what is included.

shariifi

Claim History

A claim was issued against you on 24/11/2021

Your acknowledgment of service was submitted on 26/11/2021 at 15:49:17

Your acknowledgment of service was received on 29/11/2021 at 01:05:28

I have two more questions:
1) How long do I have to file a defence?
2) What to include in the defence in regards to the 2 PCNs (Total = £320 including damages)

Thanks

Redx

shariifi said:

Claim History

A claim was issued against you on 24/11/2021

Your acknowledgment of service was submitted on 26/11/2021 at 15:49:17

Your acknowledgment of service was received on 29/11/2021 at 01:05:28

I have two more questions:
1) How long do I have to file a defence?
2) What to include in the defence in regards to the 2 PCNs (Total = £320 including damages)

Thanks

1) 33 days after the issue date

2) adapt paragraphs 2 and 3 of the defence template and show us your proposed draft , do not post the rest of the template defence , only your paragraphs need checking

KeithP gave you your deadline 3 days ago , meaning that you haven't read his date or post

We will provide the critique once you show us your 2 & 3

KeithP

shariifi said:

I have two more questions:
1) How long do I have to file a defence?
2) What to include in the defence in regards to the 2 PCNs (Total = £320 including damages)

Weren't both those questions answered in my reply on 10 December at 10:35PM?