Court Claim from UKPC - Defence Feedback
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  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.
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The vehicle was only very briefly left unattended
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
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.
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'.
When was the ticket dated and assume DCBL is the legal
Absolutely, same as in my case with UKPC, I am looking forward to going to court for my case.