County Court Claim from UKPC/DCBL for PCN

BavidDeckham

Before anyone says 'read the sticky thread', I have already read it and filed an acknowledgement of service. I have also requested (and received) the SAR from UKPC. 

I need to file a Defence Statement in the next few weeks, however my circumstances are a little different and the copy/paste defences do not suit the case.

I received a PCN in 2018 for parking in a disabled bay without displaying a blue badge. I am the RK, I was an occupant of the vehicle at the time and as the UKPC NTK was POFA compliant, I do not see any point in arguing over keeper liability. 

I am a disabled person and in receipt of Personal Independence Payment (PIP) for both Daily Living and Mobility Components. I do not have a blue badge. At the time of the alleged contravention, I parked in a disabled bay (marked with the usual symbols) and went over to ready signage to clarify whether these bays were intended for blue badge holders only, or whether as a private car park they could be used by all disabled people (as I also carry a disabled railed and PIP entitlement letter in the glovebox). By the time I got back to the car to move it, a PCN had been issued.

The SAR confirms that there was NO observation period recorded and the PCN was issued immediately upon my vehicle being sighted. 

I wish to contest the PCN on this basis. Is there any suggested wording for my defence statement? As of yet, I have not entered into discussions with UKPC/DCBL nor the landowner. Would it be beneficial to contact either of these with proof of my disability and ask for a discontinuation?

Thanking you in advance.

KeithP

Hello and welcome.

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.

BavidDeckham

Issue Date 20/9/22
AoS Filed 27/9/22

KeithP

BavidDeckham said:

Issue Date 20/9/22
AoS Filed 27/9/22

With a Claim Issue Date of 20th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th October 2022 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave 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'.

Umkomaas

Would it be beneficial to contact either of these with proof of my disability and ask for a discontinuation?

Unlikely that will succeed at this stage, but read the following thread, follow the court process and a discontinuation might well present itself.

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

Le_Kirk

BavidDeckham said:

I need to file a Defence Statement in the next few weeks, however my circumstances are a little different and the copy/paste defences do not suit the case.

I received a PCN in 2018 for parking in a disabled bay without displaying a blue badge. I am the RK, I was an occupant of the vehicle at the time and as the UKPC NTK was POFA compliant, I do not see any point in arguing over keeper liability. 

I am a disabled person and in receipt of Personal Independence Payment (PIP) for both Daily Living and Mobility Components. I do not have a blue badge. At the time of the alleged contravention, I parked in a disabled bay (marked with the usual symbols) and went over to ready signage to clarify whether these bays were intended for blue badge holders only, or whether as a private car park they could be used by all disabled people (as I also carry a disabled railed and PIP entitlement letter in the glovebox). By the time I got back to the car to move it, a PCN had been issued.

The SAR confirms that there was NO observation period recorded and the PCN was issued immediately upon my vehicle being sighted. 

I wish to contest the PCN on this basis. Is there any suggested wording for my defence statement? As of yet, I have not entered into discussions with UKPC/DCBL nor the landowner. Would it be beneficial to contact either of these with proof of my disability and ask for a discontinuation?

Use the template defence and add in, as legal/technical arguments, what you have stated above, i.e. no observation period and ticket issued whilst reading signage.  Keep it short and punchy and you can tell the whole story in the Witness statement later in the process.  It's always worth a complaint to the landowner or the agent of the car park or retail outlet. 

Coupon-mad

Show us your draft. You might like to read the entire thread by @ellaro9 which was similar.  He did a successful counterclaim too but even if you prefer to just defend, look at (and crib from) the wording of his defence and later submissions about the Equality Act 2010.

It doesn't matter that you had no Blue Badge because you are covered by the EA and are certainly a person with protected characteristics. That means you meet the definition of disability.