Help Needed! Please can I get some feedback on my defence.

Skysurfer69

As suggested in the main thread, here are the relevant sections of my defence. I have my doubts as to the defence itself being something that could be judged as reasonable but the information is correct. Any and all help is appreciated

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. ***Removed for now***

Coupon-mad

Which PPC and which solicitor?

Why are you admitting to leaving the site, if the PCN was issued for leaving the site?  Or was it for not paying within 10 minutes?

Did you ever appeal or respond?

What's the date if issue of the claim?

What date did you do the AOS?

Skysurfer69

Coupon-mad said:

Which PPC and which solicitor?

Why are you admitting to leaving the site, if the PCN was issued for leaving the site?  Or was it for not paying within 10 minutes?

Did you ever appeal or respond?

What's the date if issue of the claim?

What date did you do the AOS?

Apologies, I wasn't sure what additional information I needed to provide

PPC: UK Parking Control
Solicitor: DCB Legal

.
I never appealed and never responded until I got the LBC at which point I started following the Newbie thread

Date of Issue: 31-Jan-2023
AOS was done yesterday, so 5th Feb

Le_Kirk

No one on this forum will recommend paying, your defence is that due to a failure of the PPC's equipment, which is outside of your control) it took nn minutes to obtain a ticket.  Keep the story for the witness statement.

KeithP

Skysurfer69 said:

Coupon-mad said:

Which PPC and which solicitor?

Why are you admitting to leaving the site, if the PCN was issued for leaving the site?  Or was it for not paying within 10 minutes?

Did you ever appeal or respond?

What's the date if issue of the claim?

What date did you do the AOS?

Date of Issue: 31-Jan-2023
AOS was done yesterday, so 5th Feb

With a Claim Issue Date of 31st January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th March 2023 to file your Defence.

That's four 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

Obviously no paying!  Have you missed the fact these are all discontinued before hearings?

Skysurfer69

Coupon-mad said:

Obviously no paying!  Have you missed the fact these are all discontinued before hearings?

Okay, well, I had a look today and the signs very clearly state that leaving the premises is a no no and could land you with a PCN. 
Thing is at this site, if you don't leave the site (so eat at a restaurant, go to the cinema, bowling alley etc.) there is no requirement to purchase a ticket as far as I can tell. It's not a pay and display. 

The images that they sent over as part of my SAR show a first image at 10:30 and the follow up pictures at just past 11:00 which is the time stipulated on the PCN. So there was definitely some leeway there. 
I have not seen any evidence from them that I actually left the premises though.

Boat_to_Bolivia

You might want to have a read of this thread courtesy of regular expert @Umkomaas

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Skysurfer69

Boat_to_Bolivia said:

You might want to have a read of this thread courtesy of regular expert @Umkomaas

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

This is an interesting read! 

Considering the original PCN was issued in October 2017. It would seem that yes, they are just looking to pick off the ignorant.

Now I just need to get my defence sorted out so that they can't hold me to anything.

Boat_to_Bolivia

Skysurfer69 said:

Boat_to_Bolivia said:

You might want to have a read of this thread courtesy of regular expert @Umkomaas

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

This is an interesting read! 

Considering the original PCN was issued in October 2017. It would seem that yes, they are just looking to pick off the ignorant.

Now I just need to get my defence sorted out so that they can't hold me to anything.

Exactly. No paying! 

And were those signs really that easy to read? Did you need a step ladder and magnifying glass to see the small print? 

Skysurfer69

Hold up, I've just had a thought here, someone sanity check this for me please!

As I mentioned earlier, in the .zip file of info in the SAR to UKPC, I received several images, none of which show me leaving the site. If they have any proof/evidence that I did leave the site they would have had to have provided that evidence as part of the SAR right?