Defence against MCOL Claim Form

open-eyed

Hi,
I received another claim Form from MCOL dated 17th November 2022 for parking in a street (which is no longer in use now due to huge construction) without marking at the end of my residence parking on March 2021. The claimant is UKPC and their solicitor is QDR. I submitted AOS on 23/11/2022. I am planning to submit my defense using the NEWBIES template tomorrow. Any advise/suggestion would very helpful. Thanks.

KeithP

I see the Claimant is the same as on your other thread.
Are these two parking incidents at the same place?

With a Claim Issue Date of 17th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 20th December 2022 to file your Defence.

That's tomorrow.

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'.

open-eyed

Thanks, KeithP. I miscalculated the date! I should not left it for the last minute and in a rush now. 

Are these two parking incidents at the same place?

No, not exactly the same place but the same area on a different date.

Not_A_Hope

Your opening post doesn’t make sense. Perhaps you should try and explain the circumstances that arose for this PCN again.

If you then use this to draft para 3 of your defence forum members may be able to help on comment

open-eyed

Thanks Not_A_Hope, here is my defence for paragraph 3

The facts as known to the Defendant:

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

3. As far as the defendant remember the circumstances on the day which is more than a year ago, the defendant as a carer of his disabled wife took her to withdraw money from a cash machine close to the Southhill road. The defendant has a residence  permit to park on that road. The car was parked at the end of the street where there was no marking. The defendant saw the UKPC private parking writing on the road starting from left side and a sign was showing on the left road where it starts private parking. When the defendant back within 5 minutes and found that a PCN was issued by a lurking person after a bounty from the parking firm.

4. The PCN being predatory because it seems some distance photos were taken and they took a couple of snaps of the car and  a picture of the sign of private parking taken from separate side, which breaches the Code of Practice regarding not enforcing a PCN before allowing a minimum grace period. The defendant went back recently to gather more evidence but the road is permanently close now due to a huge regeneration works on that area. The defendant found the unexpected PCN was depressing in the difficult financial time during the pandemic as a low-income holder raising two young children with a disabled partner.

Not_A_Hope

I don’t understand what you mean by ‘no marking’. Are you saying you parked outside the area that UKPC were contracted to monitor and not within the area that they had signed. 

Did your residents permit allow you to park exactly where you did?

Le_Kirk

You don't need the story yet, just stick to short punchy facts: the car was parked outside of the bounds of the area that UKPC is contracted to operate. Keep the story for the witness statement stage. 

open-eyed

Not_A_Hope said:

I don’t understand what you mean by ‘no marking’. Are you saying you parked outside the area that UKPC were contracted to monitor and not within the area that they had signed. 

Did your residents permit allow you to park exactly where you did?

Yes, the car was parked outside the area of UKPC  but the end of the resident permit where there was no marking. attached are the pictures from google street view taken today. 

Not_A_Hope

Although you have put purple lines on the photographs you have not shown where exactly you parked. In your defence statement you will need to put the claimant to strict proof they had a contract that included the land where you parked. You will need to describe very clearly and provide photos in the witness statement (that comes later) so that a judge will easily understand

KeithP

As you say, the road is now closed, and gated. When did this parking event take place?

Please show us on this image exactly where your car was parked...


I get the impression from the squiggles on your pics that you might've been parked here... in this gateway...

[click on the image - it's a link to GSV]

open-eyed

-- The parking event was placed on 27 March 2021.

-- Here is the images highlighted in yellow where my car parked (it looks partly my car was on footpath though), there were empty spaces where the black gate is now and there was definitely no ukcpc sign in front. The private parking started from behind the car.