Claim Form defence - UKPC/DCB Legal

UKPC_LBC

Currently writing my defence and am looking for an answer for a couple of queries, my defence is based on -

Unclear signage, not within a visible location (sign was hidden behind a commercial bin, not illuminated)

No signage at entrance

Car park was for a business that was not operating at time of parking - PCN issued 5 hours after business had close, so no damages

PCN issued 6 years ago, cannot find details or forwarding address for business owner at time of PCN to query with them

Queries are -

Does it matter that I cannot find the business owner to ask them to drop the issue with UKPC seeing as no loss occurred and parking was outside opening hours?

Should I admit that I parked at a business I was not intending to use and that the business was closed at time of parking?

KeithP

UKPC_LBC said:

Currently writing my defence...

Do you have a County Court Claim against you?

If so, what is the Issue Date on it?

patient_dream

UKPC_LBC said:

Currently writing my defence and am looking for an answer for a couple of queries, my defence is based on -

Unclear signage, not within a visible location (sign was hidden behind a commercial bin, not illuminated)

No signage at entrance

Car park was for a business that was not operating at time of parking - PCN issued 5 hours after business had close, so no damages

PCN issued 6 years ago, cannot find details or forwarding address for business owner at time of PCN to query with them

Queries are -

Does it matter that I cannot find the business owner to ask them to drop the issue with UKPC seeing as no loss occurred and parking was outside opening hours?

Should I admit that I parked at a business I was not intending to use and that the business was closed at time of parking?

The most important point is the entrance sign.   Does it clearly states the opening times of the car park
You say there is no entrance sign so your own pictures are a must

This is going to be just another rubbish case from UKPC WHICH DCBL ARE SO FOND OF

UKPC_LBC

Keith, claim form is issued 29 December 2022, AOS sent and received on 6 January so I know I have some time left to write up the defence, currently amending the template uploaded to be used for claims where additional penalties have been added as the total amount sought on the claim form is ~£400, the original PCN being some £300 less.

patient_dream

UKPC_LBC said:

Keith, claim form is issued 29 December 2022, AOS sent and received on 6 January so I know I have some time left to write up the defence, currently amending the template uploaded to be used for claims where additional penalties have been added as the total amount sought on the claim form is ~£400, the original PCN being some £300 less.

All that is,  is DCBL trying to scam you with fake amounts  .... government wants this fakery banned

Go and get the pictures of the entrance

KeithP

UKPC_LBC said:

Keith, claim form is issued 29 December 2022, AOS sent and received on 6 January so I know I have some time left to write up the defence...

With a Claim Issue Date of 29th December, and 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 two 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

UKPC_LBC

patient_dream said:

UKPC_LBC said:

Keith, claim form is issued 29 December 2022, AOS sent and received on 6 January so I know I have some time left to write up the defence, currently amending the template uploaded to be used for claims where additional penalties have been added as the total amount sought on the claim form is ~£400, the original PCN being some £300 less.

All that is,  is DCBL trying to scam you with fake amounts  .... government wants this fakery banned

Go and get the pictures of the entrance

Easier said than done as I have since moved house from the area, however Streetview does corroborate my point hat there is no signage at the point of entrance.

UKPC_LBC

patient_dream said:

UKPC_LBC said:

Currently writing my defence and am looking for an answer for a couple of queries, my defence is based on -

Unclear signage, not within a visible location (sign was hidden behind a commercial bin, not illuminated)

No signage at entrance

Car park was for a business that was not operating at time of parking - PCN issued 5 hours after business had close, so no damages

PCN issued 6 years ago, cannot find details or forwarding address for business owner at time of PCN to query with them

Queries are -

Does it matter that I cannot find the business owner to ask them to drop the issue with UKPC seeing as no loss occurred and parking was outside opening hours?

Should I admit that I parked at a business I was not intending to use and that the business was closed at time of parking?

The most important point is the entrance sign.   Does it clearly states the opening times of the car park
You say there is no entrance sign so your own pictures are a must

This is going to be just another rubbish case from UKPC WHICH DCBL ARE SO FOND OF

UKPC have provided a photo of their signage within the SAR that states the "contract" applies at all times, even outside business operating hours, is that reasonable or can I challenge as no damages would occur when business is closed?

patient_dream

UKPC_LBC said:

patient_dream said:

UKPC_LBC said:

Keith, claim form is issued 29 December 2022, AOS sent and received on 6 January so I know I have some time left to write up the defence, currently amending the template uploaded to be used for claims where additional penalties have been added as the total amount sought on the claim form is ~£400, the original PCN being some £300 less.

All that is,  is DCBL trying to scam you with fake amounts  .... government wants this fakery banned

Go and get the pictures of the entrance

Easier said than done as I have since moved house from the area, however Streetview does corroborate my point hat there is no signage at the point of entrance.

Streetview is fine.   UKPC /DCBL will have to prove the signs shown at the time.
UKPC must be truthful as they have already been banned from the DVLA for faking pictures, the next time could well spell the end of UKPC

We have seen so many rubbish cases from UKPC and so have DCBL ..... Hence this

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

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

Just carry on with the help given here and be patient

Le_Kirk

You cannot use the damages argument or GPEOL as sometimes called.

UKPC_LBC

Le_Kirk said:

You cannot use the damages argument or GPEOL as sometimes called.

I found some other information online that said the same so removed that and have only focused on unclear signage, no signage at entrance, no agreement to pay additional monies added on top by DCB Legal