Parking Charge Court Claim

coraljo1

My Husband received an NTK from UKPC in Jan 2018 for an alleged breach on 26 Jan 2017. We used the forum for advice at that time and responded to their demand with a denial of liability.

The car had been parked in a disabled bay at a retail park because one of the passangers is disabled. UKPC were advised of this fact and also  that the RK was not the driver. The rejected the appeal and so in our response we did provide the drivers name and address. As far as we’re aware they have not contacted the driver (which is probably because he doesn’t live in England

 The driver of the car was visiting over the xmas period. We had added him to our car insurance for 1 month.

We did receive a couple of letters from different debt collection agencies throughout  2018 and we did respond with copies of the letters we had sent to UKPC. Then it went quiet until now.

 In August this year (2022) started getting letters from dcb legal. I know the advice on the forum generally is to ignore these letters but we did respond with copies of the letters we had sent previously. 

Yesterday ( 29th Dec ) a court claim arrived. Have spent much of the last 24 hours trying to figure out the bones of the defence i.e. which point is most relevant now getting toally confused. Would really appreciate some sound advice because it looks like we might have to go to court.  

Mouse007

Read the Newbies thread, 5th sticky announcement and then find the template defence thread, 3rd sticky announcement. Follow instructions there to request SAR from Claimant (UKPC) and Acknowledge receipt of claim online. Draft your paragraphs 2 and 3 and post them here for comments. It is easy, your husband transferred liability to the driver there can be no claim under PoFA.

KeithP

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

Is this related to your earlier thread?...
forums.moneysavingexpert.com/discussion/5818609/disabled-bay-on-private-land/p1

coraljo1

KeithP said:

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

Is this related to your earlier thread?...
forums.moneysavingexpert.com/discussion/5818609/disabled-bay-on-private-land/p1

Th issue date is 23rd December so will be sending AOS next week.

Yes that was my previous post in 2018.  I couldn't find it yesterday! Thanks for that KeithP.

KeithP

coraljo1 said:

KeithP said:

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

Is this related to your earlier thread?...
forums.moneysavingexpert.com/discussion/5818609/disabled-bay-on-private-land/p1

The issue date is 23rd December so will be sending AOS next week.

With a Claim Issue Date of 23rd December, you have until Wednesday 11th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 25th January 2023 to file your Defence.

That's over three 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Of course everywhere I have written 'you' or 'your', I mean the named Defendant. Everything must be done in the name of the named Defendant.

coraljo1

Have done the SAR request to UK Parking Control Ltd, addressed to their Uxbridge office which is the only address I have.  Thought it might be better to scan and email and so, as there is no email address on their letters I set about searching for their email more specifically their Data Protection Officer and email address.  Obviously found their company web page but trying to access contact link or privacy link for more information brings up a forbidden/no permission result.  What I did find is that their registered address is:  Union House, 111 New Union Street, Coventry, England, CV1 2NT.  Tried to find their Data Protection Licence on ico and eureka so the Data Protection is registered at the Coventry  address (no name) but SAR should go to 
dpo@ukparkingcontroll.com OR is the double ll (and I have visual impairment so I really did have to check) just a ploy to throw their victims off?   

Think I'll just fire the email off to both with and without the double l.(with read receipts)

Coupon-mad

That's odd...

When you Google what I tell everyone (in the Newbies Thread SAR section) to Google to find any DPO email address, up it comes on UKPC's privacy page, as expected.

KeithP

The second post of the NEWBIES thread - there's a link in my earlier post - does say...

At the bottom right of every page on their website is a link entitled Privacy Policy.

At the bottom of that Privacy Policy is their Data Protection Officer's email address.

Here is an extract from that webpage... 

coraljo1

Thanks coupon mad and keithP.  I had eventually found the address. Maybe I need to change my search engine to google.  

coraljo1

The PCN was issued in December 2017.  First contact I had was NTK at end of January 18.  Parking charge was £100 and now £160 with "damages" plus court fee,  legal rep and interest.

In Defence, should I still include the  template defence by coupon mad in 2022, or is this charge too old to benefit from later changes in practice?

KeithP

coraljo1 said:

The PCN was issued in December 2017.  First contact I had was NTK at end of January 18.  Parking charge was £100 and now £160 with "damages" plus court fee,  legal rep and interest.

In Defence, should I still include the  template defence by coupon mad in 2022, or is this charge too old to benefit from later changes in practice?

Continue to use the template Defence.