Advice needed regarding County Court Claim Form DCB Legal & UKPC

i2obies

The Defendant was staying at the Travelodge hotel next to St James retail park, Dover where a PCN was issued at 09:55am. The Defendant believed that the car park was free for the first hour and only chargeable between 09:00hrs - 1800hrs. Upon entering the car park the sign states in bold “maximum 5 hours stay between 09:00-18:00” with non visible, unreadable small print below. Nowhere on the sign was it clearly stating pay and display. It was also later found out that guests of the Travelodge were entitled to longer parking and that the first hour (within the chargeable time) was free. However, the term is ambiguous and it seems the Defendant is being pursued for no actual money owed, but instead is being penalised for not knowing to take a ticket to cover the first free hour.

i2obies

I am going to submit my defence in the morning is there anything I should change?

thanks

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

3. The Defendant was staying at the Travelodge hotel next to St James retail park, Dover where a PCN was issued at 09:55am. The Defendant believed that the car park was free for the first hour and only chargeable between 09:00hrs - 1800hrs. Upon entering the car park the sign states in bold “maximum 5 hours stay between 09:00-18:00” with non visible, unreadable small print below. Nowhere on the sign was it clearly stating pay and display. It was also later found out that guests of the Travelodge were entitled to longer parking and that the first hour (within the chargeable time) was free. However, the term is ambiguous and it seems the Defendant is being pursued for no actual money owed, but instead is being penalised for not knowing to take a ticket to cover the first free hour of parking due to poor signage.

 

3.1. UK Parking Control signs at the time did not meet the requirements of the British Parking Association Code of practise. Whilst the hours of parking might be clear and easily seen in highlighted bold writing, the amount of the charge and what happens if a ticket is not displayed for the first hour of free parking or for exceeding the parking time is not clearly visible. A parking contract is formed by the signage in the car park, If the Terms and Conditions cannot be read or are not suitably brought to the driver's attention, then surely the driver cannot agree to the terms and conditions.

Coupon-mad

Looks fine except for a typo:

"Code of practise." should be Code of Practice

i2obies

Well spotted thanks @Coupon-mad. Also is there a specific name I should name the pdf file? 

i2obies

I have received the below letter from DCB legal after I submitted my defence and copied them in an email. Not quite sure what they’re trying to say! As the advice on here was to copy them in on the defence email…?

Coupon-mad

They are wasting time and money (haha!) telling you that you didn't have to send them a copy of the defence.

Errr...we know that! We just advise copying the solicitor in, as a belt & braces approach, in case people don't get an auto-receipt from the CCBC.

You got your CCBC acknowledgement email?

Sent it to exactly the right email address?

i2obies

@Coupon-mad yep I got an email acknowledgment and also a letter by post! Thanks for that 😊

KeithP

You can ignore that, but do keep it for your records.

It clearly confirms that they have received a copy of your Defence from you, so  any later denial of that would be silly.

patient_dream

What a gas, OMG that letter

Yes, a letter to keep for the eyes of the Judge.

They can't say they never received it ...... THEY DESTROYED IT ??

Planet Earth to Major Tom

Sacrebleu Rodney ???

i2obies

patient_dream said:

What a gas, OMG that letter

Yes, a letter to keep for the eyes of the Judge.

They can't say they never received it ...... THEY DESTROYED IT ??

Planet Earth to Major Tom

Sacrebleu Rodney ???

I know right, why do they even bother to send these stupid letters absolute waste of time.