County Court Claim Form Recieved

Kakhsal

Thank you for getting back to me. Apologies I should provide some more context. I left the vehicle to support the pregnant passenger to the store however on turning back in literally about a minute, the attendant had placed a ticket on the windscreen. The weather was poor, so I didn't notice a attendant lurking unfortunately. It's worth noting that from the car to the store door there was no signage at the time, however since then, the parking company seem to have caught on and have placed more signs throughout the car park. 

Thank you for all your help. 

Coupon-mad

You need to say that and the car was not unattended for more than 3 minutes to allow for assisted alighting of the passenger.

Use that term.  It has a meaning.

Also go search (control & F on a laptop)
 the new - temporarily withdrawn, but it is coming in - Statutory DLUHC CoP for a short section that I know is there somewhere that excludes setting down a passenger.

Find it and quote it.

I can't search the CoP right now as I'm on my phone.  You need that quote!

Umkomaas

however on turning back in literally about a minute, the attendant had placed a ticket on the windscreen.

Do you still have the first letter UKPC sent you following the windscreen ticket?  If so, what is the date of issue shown on that letter?

I thought I'd also draw your attention to this fairly recent thread which you might have not yet seen. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

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

Kakhsal

@Coupon-madIs this the one? 
7. This finding is underpinned by the Government, who have now stated that attempts to gild the lily by adding 'debt recovery costs' were 'extorting money'.  The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a statutory Code of Practice, found here: https://www.gov.uk/government/publications/private-parking-code-of-practice

@Umkomaas
Unfortunately at the time I didn't think to keep the letter as I had submitted an appeal. Thank you for the thread, I will have a read through

Kakhsal

Hi All, Apologies I am back with yet another question.

@KeithP I submitted an SAR request over the weekend to which I have had a response that includes images of the vehicle parked but also my appeal correspondence. There is an additional letter within the documents which I do not recall receiving at all, and would definitely not have ignored. The letter states the following: 

Thank you for your recent correspondence in relation to the above parking charge.

In order to make a final decision regarding your appeal, please provide the drivers full name and valid postal address to our Appeals Department within fourteen days of the date of this letter.

Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided.

Further correspondence can be sent by visiting our website at www.ukpcappeals.co.uk or by post to the address overleaf. Please ensure that if sending evidence by post that you include the parking charge reference number and vehicle registration.

The parking charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60. 

I can see they have sent through the NTK and PCN but I cannot actually see any documents where they made a final decision or issued a POPLA code as they stated in the letter. Do I still continue to proceed with the defence letter? Do I include that I have received information from the DPO at UKPC or keep this information for the WS stage? 

@Coupon-mad
I have drafted the letter of defence using the newbies thread as a guide. I have left in the additional points in relation to the additional charges/signage (point 4 onwards) and added the following, if you have a moment, can you review this please. I am hoping to submit this soon.

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.

3a. The Defendant visited XXX 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 Symphysis Pubis Dysfunction (SPD) so required assistance with mobilising). The Defendant did not leave the car unattended for more than 3 minutes to allow for assisted alighting of the passenger.

3b. A Parking Charge Notice (PCN) was issued within moments of the Defendant parking in the space and the attendant did not allow for a period of grace.

3c. The signs in the car park were not prominent, clear or legible from all parking spaces. The weather was extremely poor on the 27th December 2018 and the Defendant also recently had fistula surgery which limited their mobility to read the car park signage that was sporadically placed across the site. Please note, as the PCN was issued approximately 5 years ago, the landowner has now placed multiple additional signs across the parking site that were not in place at the time of issue.

3d. The Defendant moved the vehicle at approximately 14:47 and parked outside Wilko at 14:49 (timestamped images can be provided). The Defendant later submitted an appeal to UK Parking Control Limited (UKPC) on the 4th January 2018, however to date no response has been received. (Please note, the defendant moved home in April 2019)

3e. The Defendant received a Notice to Keeper (NTK) letter on the 09th March 2018 however did not acknowledge it as no correspondence had been received from the appeal submitted. 

4. According to the ‘Private Parking Code of Practice’ which is currently in consultation, it is suggested that parking operators must consider certain mitigating circumstances which warrants the cancellation of a parking charge (PCN). In this case, point b applies b) where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by an overrunning medical appointment, or as a result of a delay resulting from childcare arrangements. As noted previously, the passenger was suffering from Symphysis Pubis Dysfunction (SPD). 

Thank you for all your help and guidance.

Coupon-mad

Remove 'parked' and 'parking'.

You stopped. Not parked.

That isn't the section of the new Code that I meant.  I am on my phone but on a laptop you should search the new DLUHC code for the word passenger and find the bit that says setting down a passenger is OK (in so many words).

Kakhsal

@Coupon-mad Thank you for that, I have made the amendments as suggested. 

In relation to the new Code, I have been able to locate the following two points, can you advise which one? 

2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)

A vehicle may be deemed to be parked whether or not the driver has left the vehicle or turned off the ignition

2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

This is not the period between a vehicle being recorded as entering and departing controlled land.

Thank you for all your help. 

Coupon-mad

Both!  Great, this was the wording I meant:

"(excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)"

Kakhsal

@Coupon-mad
 Thank you for confirming. I have added it to point 4 within the defence, see below: 

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

3a. The Defendant visited XXX Retail Park on the 26th December 2017 and stopped in a disabled bay at approximately 14:43 to allow for a heavily pregnant passenger to access the restroom facilities within the Boots Store (at the time the pregnant passenger was suffering from Symphysis Pubis Dysfunction (SPD) so required assistance with mobilising). The Defendant did not leave the car unattended for more than 3 minutes to allow for assisted alighting of the passenger.

3b. A Parking Charge Notice (PCN) was issued within moments of the Defendant stopping in the space and the attendant did not allow for a period of grace.

3c. The signs in the car park were not prominent, clear or legible from all spaces. The weather was extremely poor on the 27th December 2018 and the Defendant also recently had fistula surgery which limited their mobility to read the car park signage and the terms and conditions as they were sporadically placed across the site. Please note, as the PCN was issued approximately 5 years ago, the landowner has now placed multiple additional signs across the parking site that were not in place at the time of issue.

3d. The Defendant moved the vehicle at approximately 14:47 and parked outside Wilko at 14:49 (timestamped images can be provided). The Defendant later submitted an appeal to UK Parking Control Limited (UKPC) on the 4th January 2018, however to date no response has been received. 

4. The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a Private Parking Code of Practice includes the following two points which highlight that dropping a passenger or picking them up is not considered parking: 

2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)

A vehicle may be deemed to be parked whether or not the driver has left the vehicle or turned off the ignition

2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

Do you think I am now in a position to submit the defence letter? 

Many thanks for all your help. 

Coupon-mad

Remove this stuff:

(Please note, the defendant moved home in April 2019)

3e. The Defendant received a Notice to Keeper (NTK) letter on the 09th March 2018 however did not acknowledge it as no further correspondence had been received from the appeal submitted. 

And instead of what you put about the DLUHC code (which isn't very clear what point you are making...) just refer to it and quote the two definitions you found.