Court Claim from UKPC - Defence Feedback

yahfgahf

Hi all, I've gone through the Newbies thread, and have been adding my defence points to the template provided. The claimant is UKPC. 

Claim issue date: 29/12/22
Acknowledgment of service: 10/01/23

Here are my additions to the template doc, it'd be great to get your thoughts! Thanks.

The facts as known to the Defendant:

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

3. The Defendant’s vehicle was briefly being unloaded - not parked - in the area in question for approximately 5 minutes. The vehicle was left unattended in an unobstructive position whilst unloading cumbersome film equipment to store at a resident’s apartment in the adjacent block of flats - the resident lives on the 9th floor which further justifies the 5 minute unloading process.

The resident of the apartment was involved in unloading the vehicle. 

4. The Defendant quotes the judgements on the Laura Jopson vs Homeguard Services case [2016] B9GF0A9E as a supporting ruling where the Judge found that people unloading / making deliveries are not in breach of the so-called parking contract.

5. The 5 minute duration of the unloading process would fall under a grace period agreed by the landowner. No evidence of the grace period has been shown by the Claimant.

6. The Claimant’s sign states that vehicles must be parked in designated bays, however there were zero markings in the vicinity at the time of the charge, whether on the ground or on signage. The Defendant’s vehicle was at no point obstructing, partially or otherwise, any designated bay.

7. The Claimant's ‘contract’ is written on a handful of extremely small, hard-to-read signs placed out of eye-line and in some cases concealed by walls and foliage, and not placed in areas where one would notice them. The text is so small that one could only read it from a couple of metres away. The driver did not see these at all during their brief time in the area, nor was the resident of the building aware of them despite living there for many months. 

Coupon-mad

Great!  One suggestion:

The vehicle was only very briefly left unattended 

Mouse007

This is a good first post, thank you for reading the Newbies and doing your homework.

You need to add and driver after registered keeper in 2.

yahfgahf

Lovely stuff, thanks both!

KeithP

yahfgahf said:

Claim issue date: 29/12/22
Acknowledgment of service: 10/01/23

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 a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

patient_dream

Bad unreadable signs, hidden signs etc all part of the rubbish claims UKPC bring.

When was the ticket dated and assume DCBL is the legal

IloveElephants

Quote  " The Claimant's ‘contract’ is written on a handful of extremely small, hard-to-read signs placed out of eye-line and in some cases concealed by walls and foliage, and not placed in areas where one would notice them. The text is so small that one could only read it from a couple of metres away. The driver did not see these at all during their brief time in the area, nor was the resident of the building aware of them despite living there for many months. "


Absolutely, same as in my case with UKPC, I am looking forward to going to court for my case.

yahfgahf

Finally received a letter from DCB Legal notifying me of UKPC's discontinuation of Court proceedings. 

Hopefully at some point they're forbidden from wasting any more court and defendant time!

Umkomaas

Off we go to the DCB Legal discontinuations thread of shame. Name in lights now @yahfgahf 👍

patient_dream

yahfgahf said:

Finally received a letter from DCB Legal notifying me of UKPC's discontinuation of Court proceedings. 

Hopefully at some point they're forbidden from wasting any more court and defendant time!

Good news, the timewasters are at it again

B789

Great news. Now, why can't all threads about UKPC/DCB Legal claims be as short as this one? The OP has managed to follow the advice in the Newbies/FAQ and defence template threads and just got on with it... and reached the exact same conclusion as expected. Some treads about this easily defeated bottom-dwelling duo run for 15-20 pages or more!