County Court Business Centre Claim Form 8 January at 4:32PM in Parking tickets, fines & parking 19 replies 238 views

pb79

Hi everyone,

I'm currently at the Claim Form stage of a parking ticket from UKPC at my company car park 5 years ago.

• My company had several car passes at the car park and I used one of them for several years.
• The car park required an electronic pass to get through the barrier and a pass being displayed in screen.
• For some reason I can't actually remember, the pass was not on my dashboard or at least it wasn't visible. I have the details in my original botched appeal.

I've read a lot of information about how 99% win using the advice and process detailed extensively on this forum but before i go through the process of completing the Acknowledge of Service, I would like to know if I have a valid defence. I've read conflicting advice on my proposed defence that they suffered no loss because I was entitled to park there.

Thanks in advance

Coupon-mad

Yes you do.

And are UKPC using DCBLegal or QDR solicitors?

The former will discontinue before any hearing, as long as you follow all our advice and do the stages (defence, then DQ then later, WS/evidence) right.

pb79

Hi thanks for the quick response

DCBLegal

KeithP

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

pb79

29th December 2022

KeithP

pb79 said:

29th December 2022

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, 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'.

pb79

yep thanks keith. I have now completed the Acknowledge of service. Now doing the defence para:

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

3. The defendant was an employee of a company who had several passes for the car park. The defendant had been a regular user of the pass for several years. The defendant used an electronic pass to access the car park through the barrier. At the time of issue, the pass was not visible on the dashboard.

KeithP

pb79 said:

At the time of issue, the pass was not visible on the dashboard.

Why do you feel the need to state that?

pb79

ok so no need then. I can remove that sentence and it's fine?

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

3. The defendant was an employee of a company who had several passes for the car park. The defendant had been a regular user of the pass for several years. The defendant used an electronic pass to access the car park through the barrier.

Coupon-mad

Yes, definitely remove that sentence. Replace that sentence with:


The electronic pass acts as a virtual permit or key fob, of a type only issued to staff.  Any vehicles parked therein are de facto authorised to be there.  The company also had several shared 'hard copy' car passes that could be displayed (as a courtesy only) on the dashboard. The Defendant avers that display of a paper permit - over and above the virtual entry permit - was not an obligation and no punitive penalty was agreed.  There was no breach of contract and in any event, given the mere minutes between the photos taken by a predatory, anonymous lurking 'ticketer' it seems very likely that the Defendant was unfairly targeted whilst fetching one of the shared paper permits from inside the adjacent building of his employer.

pb79

this is great thanks. It was so long ago that I can’t remember the exact circumstances which will be on my appeal. Can I request for the information they have? Unfortunately I can only find one of the letters I wrote