CCBC claim UK Parking control/ DCB Legal

Mullered

Hi all,

despite my last 2 successes my wife has had another claim through. it relates to her vehicle being parked in what is signposted as an NCP car park. However there is an area on one side of the car park which is apparently permit only parking for staff from the shops. The only demarcation between the 2 seems to be a small and very faded set of double yellow lines (which are only that- no markings on tarmac saying private parking only beyond this point) and a couple of small signs on the wall of the buildings, which are littered with shop fittings and retail cages in front of the signs anyway. the person driving purchased a ticket via NCP app as they assumed it was all NCP. Upon return a PCN was on the screen.
This appears to be a cash cow as some locals have even only gone from their parked vehicle to the ncp ticket machine and straight back to already find a PCN on the screen.

issue date was 29th Dec for the CCBC- have already done AOS, and from reading other claims from the same day deadline for defence is 4pm tomorrow.

my wife was the registered keeper of the vehicle but was not the driver. obviously the cant recall driver defence wouldnt be a good road to go down?

thanks

Mulls

Mullered

https://imgur.com/a/PeHmQG0

KeithP

Mullered said:

issue date was 29th Dec for the CCBC- have already done AOS, and from reading other claims from the same day deadline for defence is 4pm tomorrow.

Hopefully you didn't file an Acknowledgment of Service until after 30th December and before Wednesday 17th January.
Your MCOL Claim History will confirm that.

If that's the case then you are right with your Defence filing deadline but there might be something useful here...


With a Claim Issue Date of 29th December, and having filed an Acknowledgment of Service in a timely manner, you do indeed have until 4pm on Tuesday 31st January 2023 to file your Defence.

That's tomorrow.

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'.

Mullered

I have been trying to figure out what to put in section 3 of the defence statement, obviously number 2 says that the defendant was the registered keeper of the vehicle in question at the time, but has since sold the vehicle and was not the driver at the time.

doesnt seem to be a lot I can put in section 3 as my wife was not the driver and the other sections cover s4 pofa?- I could put some bits in about visiting the car park later and observing the lack of clear delineation from the ncp car park but not sure if this really counts as its a keeper defence not a driver defence?

Coupon-mad

Yes that's OK plus what sort of car park it is.

Mullered

just finishing off the defence, got to email it shortly, how does this look?

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question at the time, but was not the driver of the vehicle in question.

 

3.1 Having since learning of the ticket, the defendant has visited the NCP carpark at Parkside in Crawley on several occasions. From observing the car park there is no  clear delineation between the NCP carpark and this apparent private land apart from a very faded and broken double yellow line, which would not indicate to anyone that they were leaving the NCP car park.

3.2 The defendant has also since learned that local residents who use the car park are complaining of predatory behaviour by the claimant stating that they have parked there walked less than 10 metres to the NCP ticket machine, purchased a ticket and by the time they have walked back to their vehicle it has already been issued with a ticket but there is no warden in sight.

thanks 

Mulls

Le_Kirk

Mullered said:

3.1 Having since Since learning of receiving the ticket, the defendant has visited the NCP carpark at Parkside in Crawley on several occasions. From observing the car park there is no clear delineation between the NCP carpark and this apparent private land apart from a very faded and broken double yellow line, which would not indicate to anyone that they were leaving the NCP car park.

Just one change for you above.