UKPC parking charge 2018 now county court claim letter

FaithfulOne

Hi I’ve been reading the advice given to Greenballs about a similar situation to mine.  However I wanted to ask what I should do as the defendant is my husband as he’s the keeper of the vehicle but I was the driver. He can not deal with the claim as he has chronic heart failure and can’t cope mentally or emotionally with this. Should I fill in the acknowledgment of service in his name or mine? 

The issue date of claim was 21st Jan 2022 dcblegal are the solicitors 

thank you in anticipation of help. I’m quite worried about sorting this out. Thank you 

KeithP

Hello and welcome.

Firstly, everything must be done in the name of the named Defendant.

With a Claim Issue Date of 21st January, you have until Wednesday 9th February 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 Wednesday 23rd February 2022 to file your Defence.

That's 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'.

Further down the line, you will be able to represent your husband as a Lay Representative at any hearing. That effectively means that you can do all the talking on his behalf, but he must also be present. Most hearings these days are by telephone so you and your husband will be sitting comfortably at home.

FaithfulOne

Thank you so much for your reply I will start trying to do the AoS now. 

I do want to defend the claim as i was a customer in a McDonald’s having coffee whilst waiting for my daughter who was sitting an exam in a local college. I asked the staff if it was ok to stay and they said yes. There was no signage that I saw to say anything about time limit. 

FaithfulOne

Will I need to say I was the driver?

Le_Kirk

FaithfulOne said:

Will I need to say I was the driver?

You must do the AOS and the defence as if you are your husband, in his name and he must sign it.  You do not need to say who was driving and your husband has a good start in the defence paragraph 2 of the standard defence template that @KeithP pointed you towards by stating: -

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver and liability is denied. 

KeithP

FaithfulOne said:

Will I need to say I was the driver?

You need to get your head around the issue of who is defending this Claim. 

Perhaps that question would've been better written as "Will my husband need to say I was the driver?".

But the answer to that question is - no.

FaithfulOne

😅 yes of course what was I thinking 😬

D_P_Dance

Have you read this and complained to your MP.

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

FaithfulOne

Wow I’ve read it now. Yes will email MP next on my list. So wrong that they can still trade. Thank you 😊 

Trainerman

FaithfulOne said:

Thank you so much for your reply I will start trying to do the AoS now. 

I do want to defend the claim as i was a customer in a McDonald’s having coffee whilst waiting for my daughter who was sitting an exam in a local college. I asked the staff if it was ok to stay and they said yes. There was no signage that I saw to say anything about time limit. 

Two good defence points right there.1) Plan A get McDonalds to cancel. 2) poor signage AND you were advised that you could stay

FaithfulOne

Thankyou trainerman I went to see McDonald’s manager (he thought they could help) but apparently not, spoken to them on phone but they said too long ago gone to far for them to intervene 😏