County Court Claim received, parking fine from 2 years ago - drafting a defence

Qrbrrbl

So lets get the things the driver has done wrong out of the way first.

Driver was parked in the carpark of a McDonalds for 1hr 45 mins. According to the claim (UK Parking Control Ltd. via QDR Solicitors Ltd) the posted maximum stay was 1hr 30 mins. This was in the last quarter of 2019. The driver accepts he was parked for this period of time whilst a customer of McDonalds, prior to a meeting nearby. The driver moved the vehicle to the second location for this meeting and didnt remain on McDonalds car park.

The driver received a Parking Charge letter for overstaying the max, and working off old advice chose to ignore it. Driver continued to ignore the letters from a succession of "different" debt collection agencies for 2.5yrs. Driver then received a Letter Before Claim and ignored this too. Driver has now received a County Court Claim for £180, with additional "court fee" and "legal representative's cost" on top of this. Original fee was £100 with a 50% early discount available within 14 days.

Things the driver has now (eventually) done right

Driver has submitted a SAR to UK Parking Control and has received a response back with photos (entry and exit, timestamped from ANPR cameras), the original Parking Charge notice and the first follow up letter at the end of the initial 30 days.

Driver has acknowledged service on the acknowledgement website posted in this forum and has until the middle of June to submit his defence.

Driver is using the "Template defence to adapt for all parking cases where they add false admin costs - edited March 2022" from this forum to construct his defence.

Problem is, the driver is stuck on what exactly to put in his defence (paragraph 3 specifically). Other than the driver being a genuine customer at the time, the driver isnt sure what he can put down as his defence that would add weight to the argument - the driver would love to hear any suggestions of what could constitute a valid defence to make this go away once and for all (and preferably stick it to a predatory car parking company whilst he's there).

KeithP

There seems to be plenty of use of the term 'the driver' in that post.

Wasn't it the keeper that received the Notice to Keeper through the post?
Wasn't it the keeper that has now been sent a County Court Claim Form?

Do you understand that a keeper has more protection in law than an admitted driver?

Do you understand that the parking companies are known to trawl this forum just waiting for people to trip themselves up?

You need to decide whether you are going to defend yourself as a keeper or driver.

Are you the Registered Keeper of this vehicle or is it perhaps a hired or leased car?


What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Qrbrrbl

You'll forgive me if I don't want to put specific dates on here, that's all information that would make it easier to identify who I am, so seems to go against all advice on this forum to keep things relatively vague (and specific dates aren't particularly relevant to the question either).

Yes it is the registered keeper who has received all correspondence so far

Umkomaas

Qrbrrbl said:

You'll forgive me if I don't want to put specific dates on here, that's all information that would make it easier to identify who I am, so seems to go against all advice on this forum to keep things relatively vague (and specific dates aren't particularly relevant to the question either).

Yes it is the registered keeper who has received all correspondence so far

Those two dates aren't going to identify anyone, by giving them to @KeithP he will confirm the date by which you have to complete your Defence, along with the all the early stages you need to be aware of. Miss that date, there's a potential CCJ looming. 

In terms of your Defence, UKPC signage is very detailed in tiniest of font and complicated and the stock photos they tend to submit with their evidence are very wishy-washy, so that's certainly a point on which to go forward. If the signage isn't prominent, that's one good reason the driver didn't notice the restrictions. 

Please note, you won't see their photographs until the Witness Statement stage, many months away. Do you have your own photos of the signs?  If not, go and get some, to be taken in similar light conditions, if the parking event was at night, take a number without flash. 

KeithP

Qrbrrbl said:

You'll forgive me if I don't want to put specific dates on here, that's all information that would make it easier to identify who I am, so seems to go against all advice on this forum to keep things relatively vague (and specific dates aren't particularly relevant to the question either).

How many Claims do you think the CCBC issue every day?
No, I don't know either, but I'd bet it is several hundred, if not more, issued every single working day of the year.

Qrbrrbl

Don't have any photos of the signage - the location is 100 miles away from me as well so not going to have an opportunity to get there either. 

The photos they have provided of the vehicle don't clearly show the driver if that makes a difference.

Claim was issued on the 13th May and AOS was submitted on the 20th May, which I believe gives me until the 15th June to submit a defence

Umkomaas

The photos they have provided of the vehicle don't clearly show the driver if that makes a difference.

ANPR cameras aren't programmed to take photos of individuals, only vehicle registration numbers. The PPC won't be making any reference to any image of the driver. 

Qrbrrbl

Would that be a valid defence then? That the PPC cannot identify the driver and it can't be assumed that the keeper was the driver at the time, therefore the claim is invalid as no contract was created between the keeper and the PPC?

Umkomaas

Qrbrrbl said:

Would that be a valid defence then? That the PPC cannot identify the driver and it can't be assumed that the keeper was the driver at the time, therefore the claim is invalid as no contract was created between the keeper and the PPC?

Not if the PPCs Notice to Keeper is compliant with the Protection of Freedoms Act 2012 (Schedule 4). 

How would you reply to a Judge who asked you to confirm whether or not you were the driver on the day?  Jeopardy!

Qrbrrbl

Thought that might be a long shot.

So what avenues do I have available as a defence then? Would it just be to hone in on the monetary charges themselves? Also not sure now whether to defend as keeper or driver, if as you say all it would take would be one question from a judge to settle that question either way

Coupon-mad

So what avenues do I have available as a defence then? Would it just be to hone in on the monetary charges themselves? 

Absolutely not. That is not a defence. You'd be going for no grace periods and unclear signs (if it was dark on arrival, add in unlit signs).