Claim and information overload

Le_Kirk

k555lynn said:

Wow thank you everyone I didn't expect so many responses!

And it was Aldi not Asda - sorry!
It was UKPC and the attorneys are DCB Legal.
So should I acknowledge and say I want to defend all of the claim or just part?  

Oh, well I had to laugh about that, complain to Aldi instead, same philosophy, neither you nor your friends and family can afford to shop there if every trip comes with £100 surcharge.  When you complete the AoS, you defend ALL of the claim.  As @Coupon-mad states above do not put anything in the defence box, not even a full stop!

k555lynn

Thanks everyone I acknowledged with intent to defend in full.

Sorry for not seeing your first comment on it Coupon Mad.

I don't have much of a defense so I am a bit worried. I do have a witness who was with me who will write a statement saying it was covered and taped off. I don't have much else as it was so long ago.

Jenni_D

Use the template defence as your baseline - you have far more of a defence then you think (if you can drop the "victim mentality" mindset that a lot of people instinctively have).  

Umkomaas

I suspect this is a communal car park for a number of retail outlets, including Aldi. Exclusive Aldi car parks are 'managed' by ParkingEye. 

While you can complain to Aldi, who are good at getting PE parking charges cancelled for their customers, they may have little sway over UKPC. Take receipts for the day and any past ones (or cc/bank statements) proving regular Aldi patronage. Try them (the manager, not a till operator), see what they say, don't ask, don't get. 

k555lynn

Hi Everyone

If anyone has time can you please take a look at the defence? I will of course fill in all the identifiable stuff later. I don't know what else to say for my defence. I do have a witness that was with me that can also say the machines were roped off? Also it says in their particulars that i agreed to pay in 28 days but did not - but I never agreed this at all? Thanks 

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

UK Parking Control Limited

(Claimant) 

- and -  

Defendant’s name from N1 claim (can’t be changed to driver now)                        

 (Defendant)

_________________

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

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

3. On xx/xx/2019  the Defendant admits parking at XXX whilst visiting Aldi Supermarket. On this day, the parking pay point was covered in a hood and taped off as it was not working. This was often the case in this car park, the pay points were regularly not in use and taped off.

The Defendant does not recall ever seeing a parking ticket on the car otherwise the Defendant would have immediately appealed it based on the faulty meter.

The first time the Defendant received any information regarding the PCN was in 2021 after moving into a new property in a different county. Since the date of 19/7/2019, the Defendant has moved home first to Harpenden in October 2019 and next to Bedford in March 2021.

everything after this is same as template in the sticky  "Template defence to adapt for all parking cases where they add false admin costs - edited March 2022"

Coupon-mad

Also it says in their particulars that i agreed to pay in 28 days but did not - but I never agreed this at all? 

That means nothing and I'd not only be rich if I had a tenner for every time people posting here ask the same question, but if you look at the very first line of the template defence it already denies 'agreeing' to pay (allegedly agreed by the conduct of parking).

Your defence looks fine.  But all paragraphs need a number.

And please now bookmark the Template Defence thread and the NEWBIES threads now so you don't have to ask us about the first tedious letter from DCBLegal nor the standard N180 questionnaire form.

k555lynn

Should I mention the witness to say the parking pay thing was not even in use?

I will bookmark it. Thank you!

Coupon-mad

Witness info is supplied later.

Umkomaas

Standard part of the process.  Await your N180 Directions Questionnaire through the post from the CCBC. It won't be for at least a couple of weeks, probably longer, as the Claimant has 28 days to view your Defence and decide if they wish to continue. If you check your MCOL history page it will tell you when the CCBC have despatched it to you.

All in the NEWBIES FAQ Announcement, second post, and Template Defence Announcement. 

k555lynn

Good morning.

I received an email from DCB Legal offering a without prejudice talk about settlement. The claim is currently for £296.92  (Amount claimed £211.92 plus £35 court fee and £50 legal rep costs). Original PCN was £170 with the interest of 8% added).

They offered £240.00 and I said no and she came back with £150.

Also edit to say that they said they have filed the N180 and intend to proceed otherwise.

What do you guys think?