Submitting a defence for a UKPC CCJ claim - advice pls?

Nik1664

Hi
I am in the process of submitting my written defence to a CCJ claim from UKPC Ltd for a parking ticket on a hire car from 2017.
I have read all of the relevant threads. I have used the template to request the data they hold on me but not had a reply yet.
History:
It's a parking ticket for a local supermarket (Asda) centre car park where the cost of a ticket for 1 hour is 30p.
I park there on weekly basis and always buy a ticket.

The claim says that I agreed to pay with 28 days but I did not pay.
Unfortunately as it is so long ago - I don't even recall getting the ticket - let alone if I said I'd pay it ( highly unlikely) -the reg they have given is for a hire car I had at the time.

What should I add in the defence letter? It is due to be filed today.
Or do I ask for an extension until I receive the data from the SAR request so I can give a defence based on the data as it's so long ago?

Thanks in advance

KeithP

Hello and welcome.

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Nik1664 said:

The claim says that I agreed to pay with 28 days but I did not pay.
Unfortunately as it is so long ago - I don't even recall getting the ticket - let alone if I said I'd pay it ( highly unlikely) -the reg they have given is for a hire car I had at the time.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Fruitcake

It is a defence, not a defence letter.
Use the template defence you will find in the sticky Announcements at the top of the main forum page, where you clicked on the Create Post button.

Amend paragraphs 2 and 3 of that template to suit your specific case, then show us (only the parts of the template you have changed).

Email it to the CCBC by 4pm today, assuming today is indeed your filing deadline. DO NOT put anything in the MCOL defence box.

What happened when you complained to the store manager and/or CEO, and your MP? That is Plan A and it is not too late to get this cancelled.

Nik1664

Hi

Thanks for the quick replies!

Date of issue: 3/8/2022
Filed Acknowledge of Service: 18/8/22
Defence deadine : 4pm 5/9/22

My main question is what I should add into section 3 if I cannot fully explain what happened. This is why I have sent the SAR request. Is is advisable to just say that and then submit my witness statement when I have received the reply to the SAR?

The claim is from a PCN from over 5 years ago -
1. I know I had a hire car then as I was in between company cars.

2. I also know that this is a local supermarket that I use all of the time and always pay for the ticket - it's 30p for an hour.
But that is all I can recall at the moment?


I am using the template defence from the link here: https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

The facts as known to the Defendant:

2. It is admitted that the Defendant was the hirer of the vehicle in question.

3. As the claim relates to 10/02/207 (over five years ago) the defendant cannot recall the circumstances of the alleged claim and so has sent a subject access request to the claimant to allow the defendant to fully understand the circumstances of the claim before submitting a full defence.

What happened when you complained to the store manager and/or CEO, and your MP? That is Plan A and it is not too late to get this cancelled  - I haven't done this but can do - as it's from a ticket from 2017 I thought it would be too long ago to make any difference?

KeithP

Yes you are right with your Defence filing deadline. You won't get an extension.
Giving the forum just five hours notice of that perhaps wasn't the brightest idea.

A hire car. So it is likely that the Claimant hasn't complied with the Protection of Freedoms Act 2012 to such an extent that the keeper, i.e. the hirer - you, can be held liable for anything the driver may have done.

Does the Claimant already know who was driving?

Nik1664

KeithP said:

Yes you are right with your Defence filing deadline. You won't get an extension.
Giving the forum just five hours notice of that perhaps wasn't the brightest idea.

A hire car. So it is likely that the Claimant hasn't complied with the Protection of Freedoms Act 2012 to such an extent that the keeper, i.e. the hirer - you, can be held liable for anything the driver may have done.

Does the Claimant already know who was driving?

I don't know if the claimant knows who was driving?
It would have been me driving the car as I hired it and was the only driver but as I have stated - it was over 5 years ago so I don't even know if they contacted the hire company and they directed them to me?
But if your question is - have I admitted to UKPC that I was driving - no - as the first I knew of this was the letter before action and then the CCJ letter ( all within the last 2 months)

Nik1664

The complete particulars of the claim say this:

1. The defendant ( D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle ( XXXXX) at the Shires Gateway Trowbridge, shire gates, ba14 8fx. 2 The PCN details are 10/02/2017, 1376170410XXX. 3) The PCN was issued on private land owned or managed by (C). The vehicle was parked in breach of the terms on C's signs ( the contract) thus incurring the PCN. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the PCN is outstanding.

Nik1664

So can I use something like this:

Preliminary
1. The Particulars of Claim lack specificity. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the un-evidenced allegations in the Particulars.

Le_Kirk

That looks old!  Have you found the latest template defence?  It is on the first page of the forum and you only have to put why you refute what the claim in the POC in paragraphs 2 & 3.

Nik1664

Le_Kirk said:

That looks old!  Have you found the latest template defence?  It is on the first page of the forum and you only have to put why you refute what the claim in the POC in paragraphs 2 & 3.

Thanks - yes - I am using this template - https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

but my defence at the moment is that I don't even remember getting a PCN or the details around the situation - as it was from Feb 2017. But I am concerned that this is not really enough of a defence! as stated above I have requested the SAR but not had a reply yet

Umkomaas

If DCB Legal is fronting the claim for UKPC, I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case ends like all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Get your Defence in on time, then continue from there