UKPC County Business Court Case

hyperlime

Hi All,

So I hope I came to the right place. I have read all the newbie posts etc. I had a few questions related to my case. It's about a PCN that my dad received back in July 2018 (now it has become a County Court Business Center case) as he was the registered keeper of the vehicle at the time. However I was the driver and I briefly remember parking in that location where he received the PCN. I have begun the process Coupon-Mad has highlighted but doing the AOS first to gain some time on behalf my father. My questions are as follows:


1. Somewhere it mentions to send an SAR to the claimant but this wasn't mentioned in the step process, However it is mentioned in other posts. Do I send or not?

2. In the phrasing of section 2 of the template, can I use the wording "strongly deny" that the defendant was the driver at the time of PCN. I mean is this winnable because he was technically the registered keeper of the vehicle but not the driver at the time or the law doesn't care about who the actual driver was? 


3. Can I suggest on the template that evidence can be provided to show he had access to another vehicle (insurance on another vehicle) or work rota at the time( if he can get it )to show it he was in a different location or not to mention any potential evidence that I can submit till at a later stage? I thought maybe the threat of evidence can get them to close it early.

4. Probably a silly question, in the template it does mention the use of template, is this necessary?

5. I was going to initially say, this PCN is for me because I was the driver, it needs to be reissued from fresh to myself and case be dismissed. Then when they send it to myself, I can at least fight it from Stage 0 rather than fight it at this current stage or is this stupid?


If there is anything further you wish to advise in, more than happy to listen. 

Thanks 🙏

Coupon-mad

Welcome!  Re your questions:

1.  Send a SAR if you haven't kept the PCN letters.  It might include photo evidence that will also help you at WS stage.  Don't email the solicitor.

2.  He can deny being the driver and should do, if he wasn't, because it is a factual response to the allegations.  But UKPC can hold him liable as keeper under POFA 2012 if they complied with it.  The PCN letter will show you that.

3. No need to say he can prove he wasn't driving, unless (later) the SAR reveals a non-POFA PCN, in which case proving he wasn't driving becomes more important.  Decide at WS stage.

4.  Necessary, no.  But it's tit for tat and might alert a Judge who doesn't realise all the Claimant's stuff is a template too.  A court claim like this is a battle if the templates!

5.  Not possible.  Dad had years to transfer the PCN to you and didn't.  Too late now and this is his to defend.

Is the solicitor DCBLegal?  If so, they'll discontinue anyway and there will be no hearing.  No worries!

What's the date of issue of the claim?

hyperlime

Many thanks Coupon-Mad for the quick response.

Re your questions

Yes it's DCB legally issued on 31\01\2023. 

I will proceed as per your step process and request an SAR.

Will keep updates here 

hyperlime

hyperlime said:

Many thanks Coupon-Mad for the quick response.

Re your questions

Yes it's DCB legally issued on 31\01\2023. 

I will proceed as per your step process and request an SAR.

Will keep updates here 

DCB legal*

KeithP

hyperlime said:

...issued on 31\01\2023. 

When was an Acknowledgment of Service filed?
For the moment I'll assume that was done sometime after Friday 3rd February. Please confirm.

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'.

Where I have written 'you' or 'your' I do of course mean the named Defendant.

hyperlime

KeithP said:

hyperlime said:

...issued on 31\01\2023. 

When was an Acknowledgment of Service filed?
For the moment I'll assume that was done sometime after Friday 3rd February. Please confirm.

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'.

Where I have written 'you' or 'your' I do of course mean the named Defendant.

Thanks for your response Keith. 

That's correct AOS has been filled, and I'm following as per the following thread:

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

I have already looked at the thread you posted prior, it adds SAR which I plan to do in due course. 

Thanks 🙏

DE_612183

22 pages of DCBL discontinuations and continue to rise on a daily basis....

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS — MoneySavingExpert Forum

hyperlime

Hello,

Just recieved a "Notice of Transfer of Proceedings"

I take it this is normal so far?

Will witness statement be next?

thanks 

Coupon-mad

Please refer back to the red capitals section in the NEWBIES THREAD:

IMPORTANT: KNOW WHAT HAPPENS WHEN