Wembley UKPPO (BW Legal) - N1SDT Claim Form

em777

Hi there,

Hope I can use the expertise of you kind folks on the board...

I received my N1SDT Claim Form from the County Court Business Centre on 7 July 2022. I acknowledged service on MCOL on 21 July, and have prepared my defence (will post below) using your template for when additional costs have been added. The parking firm is UKPPO, they are using BW Legal.

To give you the context: 
My alleged offence was in March 2021, I parked for just over 30 mins for loading goods from a local shop into my car. This was on a street, not a defined car park with bays, but only after I received the PCN did I realise it's private land as part of the apartment complex and the signs stipulate 20 mins only for loading. They use ANPR to capture entry and exit. 

I sent the initial advised response to UKPPO at the time, they responded with a detailed letter (which I've since misplaced) that refuted each point with picture evidence of the signs, placement etc. I had also attempted to complain to the landowner (property developer), who ignored my request. I then sat back and ignored the various debt letters that came through, in the hope they wouldn't pursue. 

Below are paras 2 - 4 from my defence, using your false admin cost template - please can you let me know if I have not edited appropriately for my case, I have left every other section the same as the template apart from the below three paragraphs.

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. The Defendant had set out to collect several large and heavy items that were purchased online via a ‘click and collect’ service from Argos West Olympic Way within the Sainsbury’s store on Exhibition Way, Wembley Park. When choosing a place to stop the vehicle for loading purposes on the street in the vicinity of the store, no signs were clearly seen upon entering Exhibition Way that made the Defendant aware of the 20 minute limitations in place. There is no clear and unmissable demarcation from this area defined as private land and the rest of the public highway, that would indicate additional limitations. 

4. The date of the alleged contravention was XX March 2021, which fell during Step 1 of the UK Government’s ‘Roadmap out of lockdown’ relating to the COVID-19 global pandemic, meaning that many shops had social distancing measures in place, increasing the usual time for service. Once the Defendant received the items after queuing in the store, they were carried one by one to the Defendant’s vehicle in several trips. During each trip, the Defendant was taking care to social distance appropriately, which may have further increased the time taken to complete loading of the goods. The Defendant did not become aware of the 20 minute limitations for loading time until the spurious notice from the Claimant was received soon thereafter. Given the additional time constraints arising due to the global pandemic and government measures in place, the 20 minute limitation is unusually short.

Many thanks - appreciate I am leaving it a little close to my defence filing date!

KeithP

em777 said:

I received my N1SDT Claim Form from the County Court Business Centre on 7 July 2022. I acknowledged service on MCOL on 21 July...

Hello and welcome.

You have told us when you received your County Court Claim Form, but what is the Issue Date on it?

Coupon-mad

If you were not aware of the 20 minute limit then you must remove this:

When choosing a place to stop the vehicle for loading purposes on the street in the vicinity of the store, no signs were clearly seen upon entering Exhibition Way that made the Defendant aware of the 20 minute limitations in place. 

To me that reads like there were signs...it's better not said.

em777

KeithP said:

em777 said:

I received my N1SDT Claim Form from the County Court Business Centre on 7 July 2022. I acknowledged service on MCOL on 21 July...

Hello and welcome.

You have told us when you received your County Court Claim Form, but what is the Issue Date on it?

Apologies - 7 July was the Issue Date.

KeithP

em777 said:

KeithP said:

em777 said:

I received my N1SDT Claim Form from the County Court Business Centre on 7 July 2022. I acknowledged service on MCOL on 21 July...

Hello and welcome.

You have told us when you received your County Court Claim Form, but what is the Issue Date on it?

Apologies - 7 July was the Issue Date.

With a Claim Issue Date of 7th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th August 2022 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

em777

Coupon-mad said:

If you were not aware of the 20 minute limit then you must remove this:

When choosing a place to stop the vehicle for loading purposes on the street in the vicinity of the store, no signs were clearly seen upon entering Exhibition Way that made the Defendant aware of the 20 minute limitations in place. 

To me that reads like there were signs...it's better not said.

Removed - thank you!

I've deleted the last two sentences and combined para 3 and 4, now reads: 

3. The Defendant had set out to collect several large and heavy items that were purchased online via a ‘click and collect’ service from Argos West Olympic Way within the Sainsbury’s store on Exhibition Way, Wembley Park. The date of the alleged contravention was XX March 2021, which fell during Step 1 of the UK Government’s ‘Roadmap out of lockdown’ relating to the COVID-19 global pandemic, meaning that many shops had social distancing measures in place, increasing the usual time for service. Once the Defendant received the items after queuing in the store, they were carried one by one to the Defendant’s vehicle in several trips. During each trip, the Defendant was taking care to social distance appropriately, which may have further increased the time taken to complete loading of the goods. The Defendant did not become aware of the 20 minute limitations for loading time until the spurious notice from the Claimant was received soon thereafter. Given the additional time constraints arising due to the global pandemic and government measures in place, the 20 minute limitation is unusually short. 

Coupon-mad

Looks good to me.

em777

Does the signature on the defence need to be 'wet signed' or can I type the initials and surname? I don't have a printer at home, but have until tomorrow afternoon to submit, and can wait until I'm in work in the morning to print, sign, and scan then do the email filing.

Umkomaas

em777 said:

Does the signature on the defence need to be 'wet signed' or can I type the initials and surname? I don't have a printer at home, but have until tomorrow afternoon to submit, and can wait until I'm in work in the morning to print, sign, and scan then do the email filing.

Sign a blank piece of white paper, photograph it, save it to word file, crop it, copy it, paste and save it into your defence. 

em777

Thanks all - got my defence submitted on time via email on 9 Aug, received the auto-acknowledgement, and this morning also received a postal confirmation. 

Fruitcake

Good. Now go back to the twelve step guide in the template defence thread, and to the guide to court in the NEWBIES thread and remind yourself what else you need to do. 

Get photos of the site and signage. Use Google Streetview images to see if there is anything useful there.

How did you get on with a landowner complaint and a complaint to the manager/CEO of Argos?

Have you complained to your MP yet as well?