County Court Claim Form Recieved

Kakhsal

Hi All, 

Hoping someone can provide me with a bit of direction, I received a County Court Claim Form today dated the 11th January 2023 for a PCN that was issued on the 26th December 2017. At the time I did appeal the PCN to UK Parking Limited, however to date have not received a response. 

A bit of background about the PCN: 

- I parked in a disabled bay at a Retail Park on the date above, however only remained in the bay from 14:43 - 14:49 to allow for a pregnant passenger to use the restroom facilities in the store opposite. The basis of my claim was that: 

The signs in the car park were not prominent, clear or legible from all parking spaces and there was insufficient notice of the sum of the parking charge itself 

- No period of grace given to read the additional signs within the car park.

- Additional points throughout the appeal noted that the Defendant had recently had surgery, so was unable to walk long distances to review the parking signage. Please note, the weather conditions were quite poor on this date. 

-The defendant had a heavily pregnant passenger on board who required the use of a restroom urgently , the passenger also suffered from Symphis Pubis Dysfunction which limited her mobility

I do still have a copy of the appeal letter I submitted, and images to evidence the car had was parked elsewhere in less then 10 minutes. However I am not sure how to respond to the CC. The online portal does not allow for attachments, can you please advise what steps I should take ?

Many Thanks 

KeithP

Ksalamut said:

I received a County Court Claim Form today dated the 11th January 2023...

Hello and welcome.

With a Claim Issue Date of 11th January, you have until Monday 30th January to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 14th January, but otherwise 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 Monday 13th February 2023 to file your Defence.

That's well over four 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'.

Coupon-mad

UK Parking Limited

However I am not sure how to respond to the CC. The online portal does not allow for attachments, can you please advise what steps I should take ?

No such firm.

UKPC maybe?  DCBLegal solicitors?

It worries me when posters seem not to have read anything in the court claim section of NEWBIES PLEASE READ THESE FAQS FIRST.

The idea is always to read it before posting, so you know already what the basics will be.  You can soon get up to speed (everyone with a claim to defend easily does) but this is why the NEWBIES thread screams in capitals at everyone to please read it first.

It is the resource you need.

Kakhsal

@Coupon-mad Apologies it is UK Parking Control Limited (UKPC) and DCB Legal are representing them 

Kakhsal

@KeithP thank you for this. I am really new so just wanted to double check: It says I have 14 days to respond, will the AOS provide an extension? Do I ONLY submit the defence via email, not the MCOL portal? Thank you 

KeithP

Ksalamut said:

@KeithP thank you for this. I am really new so just wanted to double check: It says I have 14 days to respond, will the AOS provide an extension? Do I ONLY submit the defence via email, not the MCOL portal? Thank you 

Yes, most people who post here are 'new to this'.

This is one of the reasons why I spell it out in my earlier post...

KeithP said:

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

Please read the NEWBIES thread 2nd post before you ask any more questions.

Keith already told you that timely AOS extends the time to defend:

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th February 2023 to file your Defence.

The claim form also tells you that - in less clear wording, and obviously not with the bespoke advice & date we provide -  but it is there.

Kakhsal

Thanks both for pointing me in the right direction @Coupon-mad @KeithP

Kakhsal

I apologise in advance if I shouldn't be posting here, I have had a look through the Newbies thread (post 2) and understand the process for the AOS which I will complete tomorrow and have had a look at the next steps to take. In the meantime, I have attempted to draft section 2/3 of the defence (I have left the other points within the template as is): 

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. The Defendant visited X Retail Park on the 26th December 2017 and parked in a disabled bay at approximately 14:43 to allow for a heavily pregnant passenger to access the restroom facilities in the Boots Store (at the time the pregnant passenger was suffering from Symphis Pubis Dysfunction (SPD) so struggled with mobilising). A PCN was issued within minutes of the defendant parking in the space and the attendant did not allow for a period of grace. The signs in the car park were not prominent, clear or legible from all parking spaces and there was insufficient notice of the sum of the parking charge itself. The weather was extremely poor that day and the defendant also recently had surgery which limited their mobility in checking the signage. The defendant moved the car at 14:47 and was parked in Wilko at 14:49 (timestamped images can be provided). The defendant later submitted an appeal to the UK Parking Control Limited on the 4th January 2018, however to date no response has been received. 

In may already be written in the thread, apologies if I have missed it, but can I also submit a SAR for this case, or has the ship sailed? 

Thank you in advance, and apologies if I am in the wrong place again 

KeithP

Ksalamut said:

In may already be written in the thread, apologies if I have missed it, but can I also submit a SAR for this case, or has the ship sailed? 

Send the parking company a Subject Access Request whenever you are ready.
The information returned will be far more use at Witness Statement and evidence stage anyway.

Coupon-mad

 A PCN was issued within minutes of the defendant dropping off the passenger and just as the defendant was about to move into another bay to park.  The accessible bay was not blocked and the car was not parked.  The predatory, lurking ticketer did not speak to the defendant or passenger, nor allow for any period of grace, as was mandatory under the Code of Practice at the time, and as explained in more detail now by the Government in the incoming statutory Code of Practice which says at 5.3 
"The consideration period ends at the point where there is evidence that the driver has, by parking, accepted the terms, conditions and restrictions applying (whether or not they have chosen to read them) which may be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or turning off the ignition of the vehicle and remaining stationary for more than 5 minutes."

As above, I suggest. Don't call it 'parking'.

How on earth was a PCN issued with you sitting on the car?

Didn't you see the person lurking?

Did they have a uniform or lanyard?

Did they actually affix a PCN to the windscreen?