Yet another UKPC / DCB Legal LTD - WS Bundle

aphex007

Hi All,

Great forum section and very informative and helpful!

I received this Claim form on Saturday which was a nice early Christmas Present!  See photo of Claim Form attached.  Total amount claimed is circa £300.  I would be grateful for clarification of dates/deadlines for AoS and Defence etc.  I completed the SAR as per Coupon-mad's instructions and have received the data back by email already, which is good.

I'm a bit dubious about posting even basic details about what happened on a public forum, but basically I was parked (mostly on the walkway with the other two wheels "just" on the roadway).  This was due to the work car park being at full capacity.  There were NO UKPC signs on either side of the entire section of short road which leads to the main car park.

KeithP

Hello and welcome.

With a Claim Issue Date of 8th 7th December, you have until Wednesday 29th December to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 10th January 2022 to file your Defence.

That's nearly 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

aphex007

Thanks KeithP although my Claim issue date is actually the 7th of December.  I have filed the AoS now anyway and I think I still have until 4pm on Monday the 10th of January 2022, because the 28 day still falls on the weekend, is that correct?

KeithP

aphex007 said:

Thanks KeithP although my Claim issue date is actually the 7th of December.  I have filed the AoS now anyway and I think I still have until 4pm on Monday the 10th of January 2022, because the 28 day still falls on the weekend, is that correct?

Oops, sorry about that.

But as you say, it makes absolutely no difference to your Defence Filing deadline.
You have until 4pm on Monday 10th January 2022 to file your Defence.

aphex007

No problem KeithP.  Is there any point in a SAR request with the other organisations that UKPCL involved i.e. Debt Recovery Plus Limited and DCBL, so I can get a fuller picture in regards to all communications?

Coupon-mad

If you wish.  They will all have a privacy page and a contact.

aphex007

Coupon-mad said:

If you wish.  They will all have a privacy page and a contact.

Thanks Coupon-mad.  Would it also be appropriate to SAR dcb legal Ltd as well?  Just checking that it would not be detrimental to my matter for any reason?

Redx

aphex007 said:

Coupon-mad said:

If you wish.  They will all have a privacy page and a contact.

Thanks Coupon-mad.  Would it also be appropriate to SAR dcb legal Ltd as well?  Just checking that it would not be detrimental to my matter for any reason?

It's not detrimental ( or appropriate ) , but probably unnecessary , but if you feel that you must , then do so , but don't expect much back from them

aphex007

Hi Everyone,

Thank for the help so far.  I would very much appreciate a proofread of my personal defence paragraphs and if there is anything that should be adjusted, completely removed or any other suggestions, please let me know?

 

DEFENCE DRAFT BELOW

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2.  It is admitted that the Defendant was the registered keeper and the driver of the vehicle in question but liability is denied. 

3.  In November 2017 the Defendant’s work car park was at full capacity;  therefore the Defendant parked the car on the unmarked roadway leading into the car park.  This led to the Claimant [UK Parking Control Limited] issuing a PCN of £100.  In December 2021 DCB Legal LTD acting on behalf of the Claimant issued a Claim Form.  Total amount of £3xx.xx (inclusive of £35 court fee and £50 Legal representative’s costs.

4.  The Defendant did not see any contractual signage on either side of the road that the vehicle was parked on.  After receiving the PCN the defendant carried out research on foot and confirmed The Defendant confirms there is no such signage on this road in question. Therefore the Defendant did not enter into any contract and was not bound by any contractual terms.

5.  The Defendant did not see any kerb side double or single yellow lines or such lines of any colour on either side of the kerbs entire stretch of the road that the vehicle was parked upon.   After receiving the PCN the defendant carried out research on foot and confirmed The Defendant confirms there is no such described kerb side lines on this road.  Thus was not alerted to any parking restrictions for the road in question.

6.  The Claimants sparse signage on other adjoining roads or roundabouts is placed at such a high height that the Defendant did not see them whilst driving the vehicle through these roads.  This is due to the fact that the level is above the height of the Defendants vehicle roof. Further to this Even if the signage was at the correct height for visibility, they are it is placed sideways and not front facing in the direction of travel on the road [whilst the Defendant drives too or from their place of work];  therefore the Defendant would still have been unable to read the Claimants signage and thus the Defendant did not enter into any contract and was not bound by any contractual terms.

7.  It is the Defendant’s position that this amounts to serial predatory ticketing of employees and visitors of the companies located at this location.  The Claimant is put to strict proof that, at the time of the parking event that the signage was evident, correct and clearly visible on this road in question.

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END OF DEFENCE DRAFT

 

I have a date stamped photo of a UKPC sign from the private land dated Dec 2017 which states the following:

“Unpaid Parking Charges will be passed to our debt recovery agent at which point an additional charge of £60 will apply”

It has been mentioned on this forum that this wording goes against the 2017 BPA code of practice which does not mention debt recovery, therefore there was no reason for UKPC to add this to the 2017 signage.

Also and I quote “That sign goes against the ruling of the Supreme Court in the Parking Eye case ... "The main reason for the charge was to meet the costs of enforcing the parking rules””

I just want to clarify is this aspect already fully covered in the other defence template paragraphs, so there would be no requirement to add to my defence wording?

patient_dream

aphex007 said:

 

I have a date stamped photo of a UKPC sign from the private land dated Dec 2017 which states the following:

“Unpaid Parking Charges will be passed to our debt recovery agent at which point an additional charge of £60 will apply”

A date stamped picture in 2017 ???

Considering the dream world of the BPA had not invented the debt collection charge in the code of practice your ticket relates to, why would UKPC add this ... ?

This sounds more like another timestamp fantasy by UKPC

Coupon-mad

Please put the spelling of 'kerb' right for the English noun,  as your version is an horrific Americanism that made me stop reading!  I really did stop there, always do...

Add a word here:

unmarked roadway leading into the car park.