IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).

Court Claim Defence Guidance - UK Parking Control Ltd

Good afternoon everyone :)

Following a PCN issued by UK Parking Control Ltd approximately three and a half years ago, then ignoring all following correspondence from debt collectors etc (recently discovered and now understand this was not the correct approach) and have received a court claim letter in the post and intend to defend it as per the forum advice. I've read the 'Newbies' thread now and have a reasonable understanding of the process going forward.

Progress so far:

1) The AOS was submitted yesterday as per the guide.
2) SAR sent to PPC who have responded with the photos of the vehicle in question, copy of PCN ticket, PPC signage at the premises etc.

Moving forward, I was hoping for some guidance on the best angle of defence. I have the main defence template ready to adapt to the specific case in question.

The PCN was issued for "Parking without displaying a valid permit" in what is a gated, private apartment complex car park where a friend lived at that time, where visitors have to be granted access to enter. The photo of the PPC's signage at said apartment complex (sent to me following the SAR), does not appear to state that permits are required to park there. Does this have the potential to be a valid, adequate defence in this circumstance?

Any advice or guidance would be much appreciated, and i'm happy to provide any more information or answer any questions. It's inevitable that i've not included lots of information you might need in order to advise me best, as it's my first time ever dealing with something like this.

Thanks very much!
«13456710

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • RS2002
    RS2002 Posts: 53 Forumite
    10 Posts Name Dropper
    Thanks @D_P_Dance, i'll take a look. Sounds ominous!  :o
  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 February 2022 at 4:31PM
    What is the Issue Date on your County Court Claim Form?

  • Your circumstances sound almost identical to mine even down to the date (be funny if it was even the same carpark!).

    I can't be of any help at the moment as I'm at exactly the same stage you are but I will be following your thread closely for advice. I also have a thread which I will update later this evening with a new draft for my facts part of the defence so maybe check it out if any of the experts here weigh in there. Good luck!
  • RS2002
    RS2002 Posts: 53 Forumite
    10 Posts Name Dropper
    KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Hi Keith, thanks for responding. The issue date is 26/01/2022.

    Cheers  :)
  • RS2002
    RS2002 Posts: 53 Forumite
    10 Posts Name Dropper
    Your circumstances sound almost identical to mine even down to the date (be funny if it was even the same carpark!).

    I can't be of any help at the moment as I'm at exactly the same stage you are but I will be following your thread closely for advice. I also have a thread which I will update later this evening with a new draft for my facts part of the defence so maybe check it out if any of the experts here weigh in there. Good luck!
    Thanks for commenting, good to know there's someone else in a very similar position! I'll keep tabs on your thread too and see how things progress. There looks to be some very knowledgeable and helpful people on here who spend a lot of time guiding people through this minefield. Absolute heroes.
  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2022 at 4:10PM
    RS2002 said:
    KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Hi Keith, thanks for responding. The issue date is 26/01/2022.

    Cheers  :)

    With a Claim Issue Date of 26th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 28th February 2022 to file your Defence.

    That's over three 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'.
  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

    To help with that, have a read of this item from the Forum's FAQs:

    Can I change my username?

    In most circumstances, we don't allow this.

    The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

    If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.


  • RS2002
    RS2002 Posts: 53 Forumite
    10 Posts Name Dropper
    KeithP said:
    OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

    To help with that, have a read 

    Can I change my username?

    In most circumstances, we don't allow this.

    The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

    If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.


    Duly noted, I appreciate the advice!
  • RS2002
    RS2002 Posts: 53 Forumite
    10 Posts Name Dropper
    KeithP said:
    KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Hi Keith, thanks for responding. The issue date is 26/01/2022.

    Cheers  :)

    With a Claim Issue Date of 26th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 28th February 2022 to file your Defence.

    That's over three 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'.
    Thanks for your help so far @KeithP! I was hoping for some guidance on what to input for paragraphs 2 and/or 3 of my defence . As per my opening post, I was hoping to go down the signage route if you feel this would be viable and realistic. I have the photos sent to me by the PPC which i'm happy to share, which don't appear to mention parking permits being a requirement. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.1K Banking & Borrowing
  • 252.8K Reduce Debt & Boost Income
  • 453.1K Spending & Discounts
  • 243.1K Work, Benefits & Business
  • 597.5K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.