Parking Fine - DEFENCE HELP NEEDED!!!

Chilli_Nugget

Hello If anyone reads this and can help with the preperartion of a defence for a county court business centre claim I would be very gratefull. I have managed to follow the thread for newbies and filed an AOS but am struggling to form the defence any help anybody could offer would be appreciated 

fisherjim

It might help if you posted some details!

Chilli_Nugget

Ok that makes sense! I got a parking ticket from UKPC in 2017 for parking on a hatch yellow area in a commercial retail park whilst get materials for a job. I ignored it as that seemed to be the advice i found online as in dont engage with them at all etc so they have pestered me once in a while for the last 5 years but now they have upped the ante and i received a County court business centre claim form issued 9 jan 2023 so I read on here that you must respond to them so i filed a AoS as I found out how to do it from this forum and followed the newbie screen shot etc and have done that online on the 16/01/2023 they acknowledged it on the 17/01/2023 and now I want to write my defence etc.

The question is what can I enter as a reasonable defence other than I had to park on the hatch area as there is nowhere else to park etc as the staff park in all the bays which are there for customers etc?? is there some line of defence as in I never agrred to ebter into a contract with ukpc etc and should I leave all of the defence template in or should I be deleteing out what does not apply to me.

any advice is welcome

KeithP

Chilli_Nugget said:

i received a County court business centre claim form issued 9 jan 2023...
i filed a AoS ... online on the 16/01/2023 they acknowledged it on the 17/01/2023...

With a Claim Issue Date of 9th January, and 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 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 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'.

Trainerman

For how long was your vehicle on the hatched area?

Umkomaas

I ignored it as that seemed to be the advice i found online as in dont engage with them at all

That advice has not been correct for 10 years now (or 5 years at the time of your parking event)!

should I leave all of the defence template in or should I be deleteing out what does not apply to me.

The Defence Template has everything you need, other than you creating the first few paragraphs describing the circumstances on the day. Do not tamper with it. 

If the solicitors representing UKPC are DCB Legal, please have a read of this. It's not a green light for complacency, but if you put the effort in, your outcome could be the same as the others in the thread. 

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

Chilli_Nugget

Trainerman said:

For how long was your vehicle on the hatched area?

It was like 5mins, I went in to screwfix to collect some materials then I left.

KeithP

Chilli_Nugget said:

Trainerman said:

For how long was your vehicle on the hatched area?

It was like 5mins, I went in to screwfix to collect some materials then I left.

Keep in mind that 'loading is not parking'.

Coupon-mad

Writing the facts of your defence is easier than you think.

Why not just do a paragraph 2 and 3 onwards defence section (to fit into the template defence of course) like the one @yahfgahf  managed to put together today, for a loading/unloading UKPC case?

You do not need a link to it. The link is above.

Chilli_Nugget

Thank you everyone. Thank you Coupon-mad I see on other threads you help everone so appreciate a response from yourself. "Why not just do a paragraph 2 and 3 onwards defence section (to fit into the template defence of course) like the one @yahfgahf managed to put together today, for a loading/unloading UKPC case? You do not need a link to it. The link is above". (SORRY BUT I CANT FIND THE LINK !) Is this ok? or should I write more?? 2 On the day of the alleged contravention, the driver of the van was in the retail park for the purpose of loading materials for a job he was working on. He was simply completing his job duties, and had no intention of committing any offences. 3. The defendant would like to respectfully defend themselves against the parking fine that was issued to them. It is important to note that this offence was alleged to have occurred over 5 years ago. The defendant cannot be certain of who was driving the van at the time of the alleged offence as the vehicle is a work van, they may not have been the person behind the wheel at the time in question and it is possible that whoever was in fact driving was in the process of loading, not parking. Is this ok????

Chilli_Nugget

Sorry my last post is a mess but the quote button wont let me post any thing