UK Parking Control Limited - Unreasonable Actions

RLR787

First of all let me thank you for ALL the responses to these issues. They are appreciated but in equal measures overwhelming when trying to work out where to go next with your own case. The newbies thread and templates have been read and I am now about to send in my defense following receipt of a CC Claim.

My case is very similar to that of "I want to take cowboy parking firm to court!!" and relates to Superbowl, Macclesfield from a visit in 2019. I followed what was expected but STILL got a PCN. 

I have a couple of specific issues I'd value advice on please, the deadline for my defense is imminent but written and ready to send!!!! But I'm having a mini panic about a few of the specifics!!

CC Claim Issue date: 12th October 2022
AOS completed:  24th October 2022

I originally appealed the PCN; UKPC confirmed receipt of the on-line appeal XX/11/2019 but to date, I have not received a response to my appeal (postal or electronic). I did however receive further correspondence in relation to the PCN which I took to be 'threats' and ignored. Possibly my error?

My concerns are that;
a) I don't have a copy of my appeal as this was completed on-line.
b) I have (only recently) made a SAR to UKPC, they have not yet responded (too soon but due 3/12/22) but the only way to contact their solicitor was on a 'form' on-line, therefore no evidence for me to use. Their response should however contain a copy of my appeal.

I have looked but can't find an e-mail address for DCB Legal Ltd. Can anyone please point me in the right direction?
I 100% input my VRN and therefore this argument becomes a "he said she said" argument. Are there any other cases that I could use in my defense or can I use similar cases within my 'evidence'?

Seeing as this is similar to so many others, can I request advice from this group in relation to the particulars of my defense or just be confident that I have what I need?

Thank you in advance!!

KeithP

RLR787 said:

CC Claim Issue date: 12th October 2022
AOS completed:  24th October 2022

I see you have already written your Defence but the following might be useful...

With a Claim Issue Date of 12th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th November 2022 to file your Defence.

That's just a few days away. Plenty of time to produce a Defence and it is good to see 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'.

Coupon-mad

Search the forum for DCBLegal email paul@ and you will find several.

I advise you show us your paragraph 3 for critique. Sounds like you are on the right track (and you will get a discontinuance in 2023, no hearing likely!) but it doesn't hurt to get the forum's opinion on your wording.

RLR787

Thank you both ..... will follow up with the SAR notification to the solicitor via e-mail to let them know one has been made!

My defense draft given the particulars of my case - Para 3 includes the following points:

• It is admitted that the Defendant was the registered keeper and driver of the vehicle XXXX at the time of the alleged incident.
• The defendant did attend Superbowl Macclesfield, Lyme Green, Macclesfield SK11 0TB on XXXX as a paying customer in a party booking (group of 20).
• The defendant did not see any signs or instructions within the carpark or on entering Superbowl. 
• The defendant was informed by the party booking lead to enter the VRN on an electronic keypad within Superbowl.
• The defendant entered the car registration details XXXX. The keypad failed to record the full VRM.
• The defendant was not informed that there had been a system or inputting error on entering the VRM nor was a receipt option offered.
• The defendant subsequently received a PCN as the registered keeper.
• On receipt of the PCN, the defendant was verbally instructed by a representative of Superbowl to appeal and to provide a copy of the group booking as evidence of their attendance. CCTV footage was requested but the defendant informed this was not available or necessary.
• An appeal was submitted with evidence to UKPC on-line.
• UKPC confirmed receipt of the on-line appeal XX/11/2019.
• The defendant has not received a response to the appeal to date.
• The claimant alleges the driver agreed to pay within 28 days, this is disputed by the defendant.

Again ..... these threads and the support are incredibly appreciated. I WILL go to court should I need to!!!!

Coupon-mad

Your first point above is already paragraph 2 of the Template Defence.  All other paragraphs need a number, so you will have to re-number the template defence below your points, making it longer than the existing 27 paragraphs of course, altogether.

You don't need this (below). Remove it. That isn't a valid point. Think about what this actually means in contract law when parking in a location with signs up; they are not suggesting you wrote or verbally 'agreed'!

"The claimant alleges the driver agreed to pay within 28 days, this is disputed by the defendant."

RLR787

Thank you for your advice. I have numbered each point numerically in my defense.

I have also received a response to my SAR. Essentially the only evidence they have is of the car entering and then exiting the car park (within less than two hours).

No records from the keypad from the date in question have been provided, although specifically requested in the SAR and in my original appeal.

It appears they did respond to my appeal by way of letter, however I do not have a copy and cannot recall having received this. 

In my appeal I had requested that they check their electronic records. Their appeal notes "We have carefully considered your appeal based on the information you have provided and the evidence supporting the parking charge. In this instance having completed our assessment, we consider the parking charge to have been correctly issued. However, based on the evidence you have provided, we have decided to reduce the charge to £15 as a gesture of goodwill, if payment is received within thirty-five days of this letter."

The appeal evidence I offered was a copy of the electronic receipt from the group booking lead. Is this enough evidence? or should I get a witness statement too?

I didn't pay the £15 having not received their letter. Equally I do not see how a '£15 as a gesture of goodwill' is reasonable given the duration of parking and the fact that I followed the instructions by entering my VRN details into the keypad. Therefore would continue to defend my case!!!!

Should I add this to my defense e.g.

• UKPC confirm that there are no records from the keypad from the date in question have been provided, although specifically requested upon appeal of the PCN (XX/11/2019). 

If anyone could offer any alternative wording, that would be helpful please. 

Coupon-mad

No need to add that; save it for WS stage and don't use words like 'confirm' when repeating some old blather that a PPC said!

Obviously no evidence attaches to a defence.  That comes later.  If you weren't aware of that, you need to read the section in the second post of the NEWBIES thread that has a RED capitals heading something like IMPORTANT: KNOW WHAT HAPPENS WHEN.

Le_Kirk

UKPC confirm that there are no records from the keypad from the date in question have been provided, although specifically requested upon appeal of the PCN (XX/11/2019). 

Notwithstanding what @Coupon-mad wrote about using the word "confirm" you might want to look at the words as they don't make sense.  Maybe you meant: -

UKPC confirm that there are no records from the keypad from the date in question have been provided, although specifically requested upon appeal of the PCN (XX/11/2019). 

Or: -

UKPC confirm that there are no records from the keypad from the date in question and therefore these could not be have been provided, although specifically requested upon appeal of the PCN (XX/11/2019). 

RLR787

By way of an update….. since the last post, a letter from the solicitor has been received to say they intend to pursue the claim.
Directions questionnaire now received with a short deadline!

Again thanks for the guidance on how to fill in etc.

…….the fight continues!!!

RLR787

And so the fight really does continue!

Since my last message I’ve received a letter to suggest the case has been referred to a CC near to my home address and scheduled for early May. I now have until 11th April to submit my WS etc.

Problem is, I’m feeling really anxious about it all!! And self doubt about being able to do this has crept in. I can see why people feel bullied into paying, but I’m committed to taking this all the way and not willing to pay given the fact I actually followed what was expected of me! 

I would welcome some guidance please.

In attending Superbowl, I was not the group organiser but one of a large group who attended. The organiser has agreed to provide a witness statement alongside the receipt (which is in their name), as have all other adult party members who were also present. 

1. Should I get all their individual statements (signed) and then copied into my case?

2. Should I include photographs of us in the venue to also confirm we were paying customers?

3. Should I include or reference any other examples (media) of the keypad issues reported at Macclesfield Superbowl?

4. I don’t have any photographs of the signage but this seems to be more a case of here-say. I say I input my registration details into the keypad in reception, UKPL say they do not have a record of my registration. It appears from the SAR they have no records at all from the keypad. More of a Lottery as to whether you got a parking ticket or not?

I’m sorry for so many questions but I’m really feeling freaked out at the thought of going to court!

B789

I wouldn't worry too much. You are dealing with the farcical duo of UKPC and DCB Legal, both bottom-dwelling firms of intellectually challenged scammers. As long as you have followed all the advice and submitted a robust defence you can read here the predicted outcome of the claim:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Whilst you will need to prepare your WS, you can also expect a phone call from DCB Legal with an offer to settle for a vastly reduced sum. DO NOT pay them a penny. Why do you think that are offering to settle for a reduced sum? Because they know they have no prospect of winning it in court. Then, as per the thread mentioned above, they will discontinue.

This scamming duo issue thousands of these robo-claims in a scatter gun approach knowing that the vast majority of victims will poop their pants at the thought of a County Court Claim and pay up, including their fake add-on costs which would not be allowed by a judge. That or a default judgment because the victim either doesn't know about the claim because they never updated their V5C when they moved or just ignored the claim.

Your case is about a minor keying error. You will tell DCB Legal that you expect to receive a redacted copy of the car registrations from whatever machine you inputted your VRN around the time you arrived. They only have to show you partial matches that are similar to your VRN.