5 years and 3 months after the alleged PCN - recieved a claim form

nanana13

Hi
Please Help. I received a claim form from UK parking Control ltd (UKPC) for an alleged PCN dating 20/09/2017.
I have no knoweldge of it. My ex partner was also using my car at the time. The car was sold over 3 years ago and again after. I have also moved twice. All of a sudden I received this claim form to my new residents that I only been at for 3 months???????
To make a long story short the cliam says that the driver said they would pay within 28 days???????? Also it says the vehicle was parked in breach of terms of UKPC. what terms?

I have send a request for SAR already and acknowledged the claim on Monday 23 Jan 2023.
I have looked in to send CPR 31.14 to CEL but not sure entirely how to do it i am guessing CEL is the solicitor?.. as I have acknowledged receipt, it says then i have 28 days to reply. however if I continue with the rest to send CPR on the government website, then am I putting a defence?????

Issue date  11 Jan 2023

Claimant: UK Parking Control Ltd (KPC)

 Solicitors: DCB legal Ltd

Defendant Defendant Particulars of Claim
1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued
to vehicle        at Leyton Mill Retail Park marshall Road,watnam Forrest.e 10 5nh
2. The PCN details are 20/09/2017,
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 incuring 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.
  Costs and court fees

sorry its not letting me upload attachements

I know there is lot fo info and some similar to what i am asking but i have anxiety issues and as i read them i am becoming more anxous and need to take pills to calm down. ( too much info)

It seems that the vehicle was parked within the allowed time but i donno what they are talking about in breach of terms????

Coupon-mad

 have send a request for SAR already and acknowledged the claim on Monday 23 Jan 2023.

Good.

CEL are a completely different parking firm, nothing to do with your case.

Who is the solicitor on the claim form?

Umkomaas

Claimant: UK Parking Control Ltd (KPC)

 Solicitors: DCB legal Ltd

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,

KeithP

nanana13 said:
Issue date  11 Jan 2023

...and acknowledged the claim on Monday 23 Jan 2023.

With a Claim Issue Date of 11th 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 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'.

nanana13 said:

To make a long story short the cliam says that the driver said they would pay within 28 days????????

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

nanana13 said:

Also it says the vehicle was parked in breach of terms of UKPC. what terms?

It seems that the vehicle was parked within the allowed time but i donno what they are talking about in breach of terms????

The terms they are talking about are the terms on signs.
They are alleging that by parking, the driver agreed to those terms on the signs.

nanana13

Coupon-mad said:

 have send a request for SAR already and acknowledged the claim on Monday 23 Jan 2023.

Good.

CEL are a completely different parking firm, nothing to do with your case.

Who is the solicitor on the claim form?

DCB legal

Coupon-mad

Good.  They usually discontinue before hearings.

nanana13

Hi

I had already asked for Subject access request which i have received. it looks like the car was parked in the middle of 2 lanes . there was few cars around , car park seems pretty empty as it was monday at 12.45pm. I was not driving the car, i was at work. it may have been my ex.  i asked for their terms and conditions and was not provided with that . There was a photo of the sign but you will not be able to read anything on it.

What should i do ? what defence do i have please?

nanana13

hi all just to add i have read the thread but not much on this tbh. i wil look again. its worth a mention that  photos of the PCN stock to  front window does not show the plate number.

nanana13

couple more

nanana13

last one  , this one is suppose to be the sign

Galloglass

Here is the landowner. There is an email address if you want to contact them to ask IF they can cancel. Or ask them if UKPC's contract at the time allowed them to proceed to court (or ask for a copy of the contract - you might get lucky)

https://www.cspretail.com/properties/leyton-mills-retail-park/

The usual weakness in UKPC's court files is that the wardens that take the pics usually can't work a camera as shown in this thread. https://forums.moneysavingexpert.com/discussion/comment/79760144/#Comment_79760144

Their Witness Statement in this case has very poor, grainy pics of the car and the signs (terrible pics) and they ask the judge to believe that the clear "proof" signs they include are the ones in the pics.

When it comes to your case, unless UKPC provide clearer ones than the ones shown, you ask the judge whether the vague signs which can't be read could ever prove a claim. It's UKPC's job to prove the claim and grainy pics don't do it. Check all the pics they send you and the court.