Defense draft: UKPC x DCB Legal X Motorcycle Parking! 23 January at 8:59PM in Parking tickets, fines & parking 12 replies 208 views

XL41BZ

Hi All,

Background information:

1. Name of the private parking company (PPC). UK Parking Control Limited

2. Which solicitors (if any) are involved. DCB Legal

3. Date of parking event. Jan.2018

4. Date of issue shown on the N1 claim form from the Northampton CCBC. 9th January 2023

5. Date of your Acknowledgment of Service (AOS).21 January 2023

SAR sent to parking company - 22nd January.

In the multi story car park there are multiple motorcycle parking bays 2 of which have red crossed marking and signs above noting ''motorcycle bays'', at the other end of the car park, more red crossed markings appear and at the time I understood this was allocated for motorcycles - other motorcycles also used this bay. However, as the first bays are full I had parked in this area.... And subsequently received a ticket.

Here is what I have drafted (in addition to this template: https://forums.moneysavingexpert.com...-march-2022/p1)

1. The floor markings and signs were unclear and confusing, making it difficult for a reasonable person to understand the parking regulations in the area, particularly in regards to motorcycle parking.
2. The defendant was parking a motorcycle, which is entitled to free parking in this area and the lack of clear signage indicating this constitutes a failure on the part of the parking authority to provide adequate notice of the parking regulations.
3. As a result of the unclear and confusing signs the defendant had a reasonable belief that they were parking in a lawful manner, which was out of the way and in a respectful manner.
4. The defendant should not be held liable for a parking charge when the parking authority failed to fulfill their duty to clearly communicate the parking regulations to the public, particularly in regards to motorcycle parking.

The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle X at X. The PCN details are *Jan 2018*,XXX 3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees

Any words of advice for the defense would be really helpful, thanks all!

KeithP

XL41BZ said:

4. Date of issue shown on the N1 claim form from the Northampton CCBC. 9th January 2023

5. Date of your Acknowledgment of Service (AOS).21 January 2023

Hello and welcome.

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 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'.

Coupon-mad

Here are some words you can adapt:
https://forums.moneysavingexpert.com/discussion/comment/79787384#Comment_79787384

Perfect for your case, that legal argument.

Umkomaas

I thought I'd 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,

You'd be the first biker to get their name in lights on that thread, so keep ploughing on. You've done very well so far, the information you provided in your opening thread shows you've done good research before posting - I wish the majority of new posters would do likewise. 

Fruitcake

Don't use the term, "parking authority", which they are not. Parking company or unregulated private parking company would be better.

Get photos of the site and signage, especially of the surface markings with the adjacent wall signs saying motorcycle parking. Then take photos of the similar/identical surface markings where the bike was parked. Look for screw-holes in the wall because it is not unheard of for a PPC to remove signs that would otherwise help the motorist's case.
Choose you photo angles well so you can then use Section 69 of the CRA 2015 that says contract terms that favour the consumer take precedent.
If the surface markings are similar/identical then it is reasonable for a motorist to assume on the balance of probabilities that they have the same meaning.
Get photos of the site and signage, and especially see what it says (or doesn't say) about M/C parking and red cross-hatched areas.

XL41BZ

Thank you for your help so far. I have updated my defense. 

I have photos of the motorcycle bays and ''where not to park'' which i can't post yet. I imagine I can use this evidence that i will submit prior to my court hearing, or is it submitted with the defense? 

I also received a reply on the SAR, They DO NOT have the PDT data stored  - not sure if this is important? 

1. The red crossed floor markings and signs used for motorcycle parking, made it difficult for a reasonable person to understand the parking regulations in the area.

2. The defendant also notes that other motorcycles have parked in this exact area, which therefore means other members of the public also had this same belief. 

3. The defendant was parking a motorcycle, which is entitled to free parking in this area and the lack of clear signage indicating this constitutes a failure on the part of the unregulated private parking company to provide adequate notice of the parking regulations.

4. As a result of the identical red crossed floor marking and close proximity of these bays, the defendant had a reasonable belief that they were parking in a lawful manner, which was out of the way and in a respectful manner.

5. The defendant should not be held liable for a parking charge when the unregulated private parking company failed to fulfill their duty to clearly communicate the parking regulations to the public, particularly in regards to motorcycle parking.

Coupon-mad

Coupon-mad said:

Here are some words you can adapt:
https://forums.moneysavingexpert.com/discussion/comment/79787384#Comment_79787384

Perfect for your case, that legal argument.

A reminder, as you seem to have thus far missed the legal argument here.

Le_Kirk

Nothing in the way of evidence goes with the defenCe; all later with the witness statement.

XL41BZ

Hi all, I submitted my defense on time. 

It's been less than 4 weeks and I am yet to receive the next stage N180 Directions Questionnaire in the post as well as checking the online account. 

When should I expect this, or should I just file it online? 

XL41BZ

In fact, the letter I previously received i.e received your defense from court. 

It states ''the claimant must contact the court within 28 days after recieving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply for an order lifting the stay.'' 

This is now well over 28 days. And havn't recieved anything in the post.! 

Boat_to_Bolivia

You can check your MCOL history to see when the court (not the pond life) send your N180.