Claim Form - County Court Business Centre - Order Of Action & Other Questions

AllSticks

Hi,
I'm working through the newbie guide. I realise I at this point the paperwork can't be ignored.
I've ignored all private parking tickets in the past and it's never been an issues until receiving this CCBC Claim Form.

At this point I do feel the burden of trying to parent and absorb all this info.
The idea of going to court isn't thrilling either although I understand that it's more likely a chat with a judge.
The total cost is £329.04.
This question might be deemed sacrilegious here but apart from the financial loss, can this be paid at this stage without further damaging repercussions?
I'm not giving up yet and wouldn't want to pay but I'm also trying to weigh up if this matter is worth all the time I'll have to invest. 

I'm also wondering about the specifics of my situation. I have questions about presenting a defence.
In the template is says to 'Explain briefly what business the driver had there & what went wrong?'

I'll try keep the following details short as I understand that it probably doesn't matter but I also want to make sure before I present a defence.
The PCN is from Feb 2017 (It's now Jan 2023) 
From vague memory I was having some issues with my van engine and or battery on the day.
I did park the van diagonally across the parking lines as I think it stalled.
The carpark was unusually/completely empty at the time.
I was going into B&Q to either buy some liquid for the engine or a tool to tighten the battery connectors or both.
The battery in this van sits in the cab not in the engine.

Do I go into this detail in the defence? Is it much of a defence?
Given that I did park across these lines, do I have a defence?
Is going into this much detail an admission that I should avoid?

I'll copy and paste all the detail from the letter below.

Thank you

Claim Form

Claimant

UK PARKING CONTROL LIMITED

UNION HOUSE

111 NEW UNION STREET

COVENTRY

CV1 2NT

Address for sending documents and payments (if different)

DCB LEGAL LTD - 0330 1744 172

DIRECT HOUSE, GREENWOOD DRIVE RUNCORN WA7 1UG

0203 434 0433

In the

COUNTY COURT BUSINESS CENTRE

Claim No.

XXXXXXXX 

Issue Date

29 DEC 2022

Court Address

7451

COUNTY COURT BUSINESS CENTRE

4TH FLOOR ST KATHARINE'S HOUSE

21-27 ST KATHARINE'S STREET

NORTHAMPTON

NN1 2LH

Court telephone number:

0300 123 1056

>>> MY NAME AND ADDRESS HERE

Defendant

Particulars of Claim

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle EF55MLL at Leyton Mill Retail Park marshall Road, waltham Forrest, e10 5nh 2. The PC details are 28/02/2017,1178370591303

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the

Contract), thus incurring the PCN(s).4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

Despite requests, the PCN(s) is outstanding.

The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3

Costs and court fees

The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement

Signed Yasmin Mia

(Claimant's Legal Representative)

N1SDT Claim form (04.14)

Defendant

Important Note

•   You have a limited time in which to reply to this claim form
•   Please read all the guidance notes on the back of this form - they set out the time limits and tell you what you can do about the claim
•   You can respond to this claim online. Log on to www.moneyclaim.gov.uk
•   You will need the claim number (see above) and the following password XXXXXXXX

£

Amount claimed 244.04

Court fee 35.00

Legal representative's costs 50.00

Total amount 329.04

KeithP

Hello and welcome.

With a Claim Issue Date of 29th December, you have until Tuesday 17th 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 Tuesday 31st January 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

Umkomaas

The total cost is £329.04. 
This question might be deemed sacrilegious here but apart from the financial loss, can this be paid at this stage without further damaging repercussions?

Don't you call £329.04 damaging enough?  Research and work with the advice of the forum and the damage you'll be facing will be £0.00. Read the following thread, then work the pair of them (UKPC and DCB Legal) towards the discontinuation precipice!

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

DCB Legal have issued a torrent of court claims on 29th December 2022 - you are not alone, rather just one of the many being shovelled on to the DCB Legal robo-claim conveyor belt.

Le_Kirk

In your defence you suffered a small vicissitude (breakdown) and could not move the vehicle until repaired.  In your witness statement later in the process you explain fully. Search the forum for vicissitude.

AllSticks

Great.
Thank you for these pointers. It gives me confidence.
I'll be punctual and play the game.

Do I deny receiving any correspondence from them until now?
Otherwise I'd be questioned on why I have not responded before right?

KeithP

AllSticks said:

Do I deny receiving any correspondence from them until now?
Otherwise I'd be questioned on why I have not responded before right?

Don't state anything which isn't true. The punishment for that could/would be higher.

AllSticks

KeithP said:

AllSticks said:

Do I deny receiving any correspondence from them until now?
Otherwise I'd be questioned on why I have not responded before right?

Don't deny anything which isn't true. The punishment for that could/would be higher.

Ok.
What could be an appropriate excuse?
The truth is for a long while it was advised to ignore these letters as they had 'no real power' and that's exactly what I did.

KeithP

AllSticks said:

KeithP said:

AllSticks said:

Do I deny receiving any correspondence from them until now?
Otherwise I'd be questioned on why I have not responded before right?

Don't deny anything which isn't true. The punishment for that could/would be higher.

The truth is for a long while it was advised to ignore these letters as they had 'no real power' and that's exactly what I did.

That looks fine to me, but does it need saying at all - until you actually get asked the question.

Coupon-mad

You do not need excuses to ignore a scam.

The PCN is from Feb 2017 (It's now Jan 2023) 

OMG - too late now, but don't ignore a solicitor's LBC.  If you'd come here when you got the LBC last month, we'd have told you how to time it out, past the 6 years... it would have been simple to kill.

AllSticks

Hi All,

Thanks again.

I've just sat down to deal with this and have sent off the SAR email.
I received a response from UK Parking Control LTD in 8 minutes with a few photos and a copy of the PCN.

In the Newbies Guide, the next step after sending the SAR is to do the following.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

My question is, do I need to be stalling 'the case' or should I just crack on with the MCOL/ Acknowledgement of service part?

Coupon-mad

In the Newbies Guide, the next step after sending the SAR is to do the following.

Only if you were still at LBC stage - and that is part of how you could have easily timed them out, had you done so.

Like this person has just achieved:
https://forums.moneysavingexpert.com/discussion/comment/79767865/#Comment_79767865

I so wish you'd come here for advice at LBC stage. It would have been dead & buried by carefully timed responses and words.

But you are at claim stage and must defend.

There is no 'putting it on hold' for you now.