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UK Parking control ltd/DCB legal

Hello, recently received county court claim form for a ticket issued in 2017. Haven't heard anything about it until now as I moved house around then so probably missed all the letters. 

Where I parked there was a sign but it's a little sign that I didn't see as it was dark at the time and there was only one sign for the whole area, I just assumed it was a public parking place. 

I've gone back in time on google maps to when I parked there and taken screenshots - 

hxxps://ibb.co/HHwHpVY
hxxps://ibb.co/Ry1x2Yz
hxxps://ibb.co/DwPNfX4


You can probably see there is a little sign on the back of the green lamppost but it was unlit and tiny

I had to go back in time because they've installed more signs there this year.


I'm going to modify the template from here Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum
and say that I didnt see any signs as it was dark and there was only one tiny sign that I didn't see. No signs at the entry points etc.

Any opinions on this would be nice please

thank you

Comments

  • This is what I've written as the first draft for the defence

    3. At the time the PCN was issued, there was no visible signage or markings showing any prohibition or contract in relation to parking. Although signs have recently been installed, at the time of the PCN there was no signage at all at the entry point to the area and there were no markings or signs visible indicating that there was any restrictions or contracts in relation to parking. The vehicle was parked at this location when it was dark. After the PCN was issued, the driver looked and found that there was one small unlit sign for the whole area. The sign was so small it was not apparent it was in relation to parking unless a person walked over and stood right next to it. The writing was so small and unintelligible that it was not possible to see or read any part of the sign during the day unless a person was right next to it. It was also unlit so invisible in the dark. In December when this fine was issued, it is dark 17 hours a day. Considering there were no other signs, this is clearly inadequate signage. Clear, unambiguous signage on entry points and at point of parking is required by the Private Parking Code of Practice and would obviously be required as a minimum to make any claim of a contract. The fact that signage has recently been installed in this area underlines the fact that at the time of this PCN there was not adequate signage.



    thank you
  • KeithP
    KeithP Posts: 37,016
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    Hello and welcome.

    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
  • hello thankyou for your reply.

    my issue date is 09/01 and i filed an aos on 14/01

    thanks
  • Umkomaas
    Umkomaas Posts: 41,108
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    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. 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 37,016
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    edited 25 January 2023 at 9:52PM
    Cal1231 said:
    my issue date is 09/01 and i filed an aos on 14/01

    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 nearly three weeks 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'.
  • Coupon-mad
    Coupon-mad Posts: 128,920
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    Defence looks fine.  They'll discontinue later!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 21,885
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    Presumably you are going to add paragraphs 1 & 2 from the template defence and then 4 to end (you don't need to show us) before submitting.  Paragraph 2 tells the judge whether you're defending as keeper only or keeper and driver.  Glad to see you have told the judge that you investigated the signage on a subsequent research trip AFTER having received the PCN.
  • 1505grandad
    1505grandad Posts: 2,841
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    Also  -  it is a parking charge not a fine.

    " It was also unlit so invisible in the dark. In December when this fine was issued....."
  • Cal1231
    Cal1231 Posts: 4
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    hi gang, thanks for your replies

    just to update for anyone searching for similar cases in the future, they went all the way up to the point where the judge set a court date at my local court and I was starting to draft up my statements etc.

    they sent some last minute “pay us half and we’ll drop it or we’re going to court” emails/calls/letters and then discontinued the case just before the deadline for them to pay the court fee.  

    thanks for replying to my topic it helped a lot
  • Coupon-mad
    Coupon-mad Posts: 128,920
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    Cal1231 said:
    hi gang, thanks for your replies

    just to update for anyone searching for similar cases in the future, they went all the way up to the point where the judge set a court date at my local court and I was starting to draft up my statements etc.

    they sent some last minute “pay us half and we’ll drop it or we’re going to court” emails/calls/letters and then discontinued the case just before the deadline for them to pay the court fee.  

    thanks for replying to my topic it helped a lot
    Yay!

    Which month did that happen?  Late 2023?

    Can you show a photo (data redacted) of the NoD?  Just wanting evidence as some posters here have referred the Justice Committee to look at our 'record of DCB discontinuances' and we don't want it called out as 'hearsay'.

    We will add you to the disco thread.

    CALLING @Umkomaas !

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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