UK Parking Control Countu Court Claim

Coupon-mad

The appeal was via a Notice to the Driver on the windscreen.  Sorry, I thought that was called a PCN but now I realise that perhaps it's not.  

It is a PCN, you are right.  A notice to driver is also called a PCN.

A notice to keeper is a postal 'PCN' (yep - both can be described as a PCN) but that would have only followed if the driver was unknown.  If the driver appealed a windscreen PCN then there was never a need for the PPC to get DVLA data and write to the keeper.

What I am saying is, the POFA and non-arrival of a NTK is irrelevant, if the driver was admitted in an early appeal.

Sounds like the PPC served the right documents, and that the POFA and NTK issue is not relevant.  The Defendant should be defending (edit para 2) as admitted driver (which is normal - maybe half the defendants here do).  Defending as admitted driver also pleases a Judge if it goes to a hearing because it's an 'honest witness' stance.

But most likely it'll be discontinued before the hearing anyway as seems to be the plan with UKPC using DCBLegal.  Standard MO right now... abuse the court system to intimidate, see the whites of people's eyes then drop those that haven't paid up in fear.

IReallyDontNeedThis

Coupon-mad said:

The appeal was via a Notice to the Driver on the windscreen.  Sorry, I thought that was called a PCN but now I realise that perhaps it's not.  

It is a PCN, you are right.  A notice to driver is also called a PCN.

A notice to keeper is a postal 'PCN' (yep - both can be described as a PCN) but that would have only followed if the driver was unknown.  If the driver appealed a windscreen PCN then there was never a need for the PPC to get DVLA data and write to the keeper.

What I am saying is, the POFA and non-arrival of a NTK is irrelevant, if the driver was admitted in an early appeal.

Sounds like the PPC served the right documents, and that the POFA and NTK issue is not relevant.  The Defendant should be defending (edit para 2) as admitted driver (which is normal - maybe half the defendants here do).  Defending as admitted driver also pleases a Judge if it goes to a hearing because it's an 'honest witness' stance.

But most likely it'll be discontinued before the hearing anyway as seems to be the plan with UKPC using DCBLegal.  Standard MO right now... abuse the court system to intimidate, see the whites of people's eyes then drop those that haven't paid up in fear.

Thanks for the information.  

Just to make sure I understand you correctly, I should edit this bit

"It is admitted that the Defendant was the registered keeper of the vehicle in question" to be
"it is admitted that the Defendant was the driver of the vehicle in question"
or should it be edited to
" it is admitted that the Defendant was the registered keeper and driver of the vehicle in question"?

Coupon-mad

Well both if both are true.  The Template Defence says this fairly clearly, I think?

IReallyDontNeedThis

So this is my final defence to submit.  Please can you let me know if this is OK and if I should add anything?

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

2        The Defendant and family members entered the car parking for the purposes of attending a movie being shown at the Odeon Cinema theatre.  Prior to attending this movie and being a stranger to the area, the Defendant had Googled parking at the Odeon and had discovered that parking in XXXXX is free for a period of 3 hours.  The Defendant entered the parking area unaware that the sign at the entrance to XXXXX place is obscured by foliage. 

3   The Defendant entered an appeal on the Parking company’s website, showing the movie ticket and that the Defendant had not stayed past the 3 hour free period.   The Defendant received a response saying that the parking company did not accept the appeal but that was the last piece of correspondence the Defendant received until receiving a County Court Claim form.

4   The signage is unclear at the entrance to the parking as it is obscured by foliage.  The signage terms are very unclear as they do not seem to pertain to movie goers at the Odeon cinema and there are differing terms stated in different size fonts and in differing locations. 

5   The only route offered on the PCN was a supposed 'appeal' to UK Parking Control themselves, which  the Defendant engaged with despite knowing that no offence nor mischief had occurred and honestly believing that the PCN issued was a genuine error on the part of UKPC.  The Defendant was not aware that private parking charges and the appeals systems were unlikely to be fairly weighted in favour of consumers and honestly believed that this would be easily resolved by simply showing that the Defendant was a legitimate user of an onsite business.

Coupon-mad

Change 'movie' to film.  Judges don't like Americanisms. They really grate with me too!

And this needs to be para 2:

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

IReallyDontNeedThis

Coupon-mad said:

Change 'movie' to film.  Judges don't like Americanisms. They really grate with me too!

And this needs to be para 2:

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

Apologies, I am antipodean so that's where "movie" comes from.  Done both of those.  So this is it with the amendments you have suggested.  

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

3   The Defendant and family members entered the car parking for the purposes of attending a film being shown at the Odeon Cinema theatre.  Prior to attending this film and being a stranger to the area, the Defendant had searched for parking at the Odeon on Google and had discovered that parking in XXXXX is free for a period of 3 hours.  The Defendant entered the parking area unaware that the sign at the entrance to XXXXX place is obscured by foliage. 

4   The Defendant entered an appeal on the Parking company’s website, showing the movie ticket and that the Defendant had not stayed past the 3 hour free period.   The Defendant received a response saying that the parking company did not accept the appeal but that was the last piece of correspondence the Defendant received until receiving a County Court Claim form.

5  The signage is unclear at the entrance to the parking as it is obscured by foliage.  The signage terms are very unclear as they do not seem to pertain to movie goers at the Odeon cinema and there are differing terms stated in different size fonts and in differing locations. 

6   The only route offered on the PCN was a supposed 'appeal' to UK Parking Control themselves, which  the Defendant engaged with despite knowing that no offence nor mischief had occurred and honestly believing that the PCN issued was a genuine error on the part of UKPC.  The Defendant was not aware that private parking charges and the appeals systems were unlikely to be fairly weighted in favour of consumers and honestly believed that this would be easily resolved by simply showing that the Defendant was a legitimate user of an onsite business.

My next steps are to have the Defendant sign the statement and then scan that signed statement in and email the entire defence to the address in the defence thread today before 4:30pm.  Is that correct?  I also need to make sure that I get an acknowledgement from the email address.  

Is there anything else that I need to do, have I missed anything?

Le_Kirk

IReallyDontNeedThis said:

My next steps are to have the Defendant sign the statement and then scan that signed statement in and email the entire defence to the address in the defence thread today before 4:30pm.  Is that correct?  I also need to make sure that I get an acknowledgement from the email address.  

Before 4.00 p.m. but do not leave it until the last moment!  If there is any glitch at CCBC end (and there have been recently) your defence will be recorded as received tomorrow.  Getting an acknowledgment is also good.

Coupon-mad

Yep that's ready to go, within the whole of the rest of the Template Defence of course, in case browsing newbies think thaf's all it is!

IReallyDontNeedThis

With thanks to all for the assistance thus far, we are very grateful. 

I submitted the entire defence from the second post in the template defence thread and have received acknowledgement of receipt from CCBC and UCB legal. 

The next step is to wait for the Directions Questionnaire from CCBC, is that correct?  Do you recommend that I just download it and proceed with completion of the questionnaire or should I wait to receive it from CCBC?

What is the next deadline timeframe, if any please?

Umkomaas

You need to know if the claimant wishes to progress the claim. At that point you will receive confirmation and your DQ from the CCBC. It's all there in the NEWBIES FAQ Announcement, second post, and the 12 steps outlined in the Defence Template.