The County Court letter

Naaz616

Hi everyone 👋🏻
Like some other cases as I was reading in the past a few days I received a County Court claim form letter on 31/01 from “UKPC” about unpaid PCN dated 2018 ((parked in disabled bay without displaying Blue Badge)). 

As I mentioned, read most of very useful comments and advices, however at this point believe I’m lost and don’t know where to start and what to do! Even today I totally gave up and said leave it and pay the total amount of £311.00 to release my brain, but it’s a lot so came here to my last hope to get any answer!
please advise me what is the right decision?
Many thanks 🙏 

Coupon-mad

Easy to beat.  No paying!!

With a Claim Issue Date of 31st January, and after first filing an Acknowledgement of Service 'AOS' in a timely manner (DO THAT THIS WEEK) you will then have until 4pm on Monday 6th March 2023 to file your Defence.

That's some four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute and you ONLY get that time by doing the AOS first.

To learn how to acknowledge a claim on MCOL, then create a Defence to be filed 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 this week, the MCOL website should be treated as 'read only' and you should show us your draft paragraphs 2 and 3 which you intend to add to the template defence the NEWBIES thread links for you.

Read other UKPC threads for inspiration.  Easy!

1505grandad

"..... I received a County Court claim form letter on 31/01 from “UKPC”...."

Can you confirm that this is the issue date on the claim form

Naaz616

@1505grandad
Well, Yes the Issue Date is 31/01 which I assume day of service is 5days after.

Naaz616

@Coupon-mad
first of all thank you for replying included great explanation which gave me lots of hope and support.

Now I clearly know how to fill AOS and will do it soon, just after that not quite sure and comfortable what to say and don’t know what to write for my defence!😬 I can try my best and also mention that I truly forgot to display Blue Badge as my mother in-law was there whose the badge holder plus my car is register to the same badge through TFL as well,  but how can I come to conclusions! 🤷🏻‍♂️🤦🏻‍♂️ 
and how about all the letters they’ve sent and I missed?

Sorry 😞 

Coupon-mad

You aren't writing a defence.  I've already written 95% of it for you.  Hence the link I gave you to the NEWBIES thread where you will find the Template Defence.

Naaz616

@Coupon-mad
I already submitted AOS and now need to focus on defence explanations on paragraph 3, just as I understand defences are written in the Third Person! which gonna be a big challenge for me 🤦🏻‍♂️

P.S do I need to request SAR in case? (If so how can I do that)

Sorry in advance for my lack of knowledge and thank you “guys” for your time  and sharing your knowledge 🙏

Le_Kirk

Naaz616 said:

@Coupon-mad
I already submitted AOS and now need to focus on defence explanations on paragraph 3, just as I understand defences are written in the Third Person! which gonna be a big challenge for me 🤦🏻‍♂️

P.S do I need to request SAR in case? (If so how can I do that)

How to submit a SAR is in the NEWBIE sticky but basically send an e-mail to the DPO of the PPC (all acronyms are also in the NEWBIE sticky) as are instructions how to find the e-mail address of the DPO and yes, do it now, although the data you receive will be more useful to you at witness statement stage.  To write in the third person just follow the style of the defence template, again, basically, you just say "the defendant" wherever you would have though to put "I".

Coupon-mad

Your defence point 3 will say (ONLY IF IT IS TRUE THAT YOUR MIL WAS WITH YOU!) that:

The Defendant's passenger - mother-in-law - was a genuine Blue Badge holder and the Claimant is put to strict proof that the badge was not displayed, if that is the allegation (it being completely unclear from the pleaded Particulars what is alleged).  Even if the court is satisfied that the permit/badge had perhaps slipped out of sight - which is neither admitted nor denied -  any attempt at punishment under contract is meritless and overridden by the Equality Act 2010, and its legal duty upon service providers to make 'reasonable adjustments' for persons with protected characteristics.  The ticketer would have seen the passenger was mobility impaired and appears to have rushed to issue a predatory PCN within a minute of parking, with no grace period allowed for the Defendant to read the signs and ensure the badge was in view.

Naaz616

Thanks to @Le_Kirk as I submitted SAR to DPO of UKPC by using instructions in the NEWBIE sticky as you said. 🙏

And “WOW” to @Coupon-mad for such a statement! Even if I had “Bachelor of Law” surely couldn’t describe anything like that!😅👏 many thanks 🙏 😊

Now I’m gonna wait to receive data requested from UKPC and then fill Defence and email them.

Naaz616

the other question I was thinking now is do I need to attach any documents (like old Blue Badge) to my defence as a proof?
.. Also I’m not the keeper of that car anymore as well..