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UKPC McDonalds County Court Claim

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Comments

  • Rinceward
    Rinceward Posts: 39 Forumite
    Name Dropper Part of the Furniture 10 Posts Combo Breaker
    "....the driver could see the it was very busy. "  -  does not make sense.
    Thank you I will proof read before sending
  • Rinceward
    Rinceward Posts: 39 Forumite
    Name Dropper Part of the Furniture 10 Posts Combo Breaker
    95Rollers said:
    Did you see this article in the news? It's another case of a motorist getting double dipped by UKPC at another McDonald's when a mobile security guard drove in at the start and end of his shift.

    https://www.thenorthernecho.co.uk/news/19121865.satellite-system-proves-parking-firm-wrong-track/#:~:text=A PRIVATE parking company picked,for more than 10 hours.

    The owner of the security firm kicked up a complaint and was able to evidence the driver was elsewhere due to a GPS log record.  But most people don't have access to this kind of tech.  The onus of proof is on UKPC as they are the accusers. There is no evidence to back up their claims of you "parking" or remaining on site. Where's the ANPR log, CCTV, witness statements etc to back up their claims!?!  

    I'd say it's worth including this in your Defence as it evidences a recurring problem which UKPC haven't rectified.

    I recently defended a Double Dip case in court which the judge dismissed the Claimant’s case. Once I've got the Judgment Paperwork I'll upload it.
    Thank you. Where asked slyly this fit in, in regards to paragraph structure
  • 95Rollers
    95Rollers Posts: 808 Forumite
    Third Anniversary 500 Posts Name Dropper
    I'd put it as an exbibit to say that this is a recurring problem with UKPC at McDonald's. It is further evidence that they put the motorist to proof than instead of doing their jobs properly and checking their ANPR before sending off for Keeper info from the DVLA. 
  • 95Rollers
    95Rollers Posts: 808 Forumite
    Third Anniversary 500 Posts Name Dropper
    The BPA says:

    As with all new technology, there are issues associated with its use:

    a)    Repeat users of a car park inside a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an ‘overstay’. Operators are becoming aware of this and should now be checking all ANPR transactions to ensure that this does not occur.

    b)    Some ‘drive in/drive out’ motorists that have activated the system receive a charge certificate even though they have not parked or taken a ticket. Reputable operators tend not to uphold charge certificates issued in this manner (unless advised differently by the Landowner/Landlord), but operators should also now be factoring in a small ‘grace period’ to allow a driver time either to find a parking space (and to leave if there is not one) or make a decision whether the tariff is appropriate for their use or not. This ‘grace period is however at the discretion of the Landlord/Landowner and will also vary in duration, dependant on the size/layout/circumstances of the car park

    The full section on ANPR can be found here:

    https://www.britishparking.co.uk/ANPR
    ___________________________________

    Can UKPC evidence that they have taken all necessary actions to ensure that Double Dipping wasn't the case before they bought your details off DVLA? Because if they had then they would have no grounds to buy your details from DVLA!  But they didn't check probably in the hope you'd just pay up to get them off your back! Which is sadly what most people do and if that hasn't worked they get their mates at DCBL, DRP etc on the case with fear, intimidation and lies to coerce through fear.

    I would also later raise complaints with DVLA, ICO and BPA (not that they'll do anyhing - but a quick copy and paste won't hurt you) to highlight this. 
  • Umkomaas
    Umkomaas Posts: 42,032 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    Evidence should not be part of your Defence. That will be attached to your Witness Statement in a few weeks' time. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Rinceward
    Rinceward Posts: 39 Forumite
    Name Dropper Part of the Furniture 10 Posts Combo Breaker
    Sorry I have been a little lapse on here. 
    Defence was emailed on the 23rd with automatic responses from both solicitor representing client and the County Court email. Also recieved a letter stating they have recieved my Defence 3 days ago.
    Do I have to fill in questionnaire form now or wait until it is sent out? 
    Does the 3rd April now still have meaning as a dead line? 
    Thank you to everyone on her who has helped so far. 
    And thank you for the extra sevens items in regards to evidence
  • Rinceward
    Rinceward Posts: 39 Forumite
    Name Dropper Part of the Furniture 10 Posts Combo Breaker
    For an update DCB solicitors sent a letter back on the 21st stating they are proceeding with claim. 

    I have just moved house so will be emailing those details out to the court and DCB.
     Is it usual for the solicitors to leave it so late? 
  • Le_Kirk
    Le_Kirk Posts: 23,031 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Send your change of address for service to the DPO of the parking company and require them to "erase your old data and to inform all and any of their sub-contractors and agents of same".  Make sure you inform CCBC also as they will be sending you a DQ by post.  Claimants and their solicitors will always use whatever time they are given and sometimes more!  Why do you think it is late?  They have 28 days from receipt of your defence once that is sent to them by CCBC.
  • Rinceward
    Rinceward Posts: 39 Forumite
    Name Dropper Part of the Furniture 10 Posts Combo Breaker
    Yes i will do thank you. I didn't think about erasing old data.
    I didn't think they were late, just asking if it was usual for them to use all the time. However you also answered that above. 
    Lack of Internet is not helping at the moment but will be sending off this weekend. 
    Thank you again for all your help
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