County Court Claim - UK Parking Control Limited/DCB Legal 9 February at 2:08PM in Parking tickets, fines & parking 29 replies 547 views

berseker

Hi guys,

I received a county court claim form on the 1st Feb 2023 (although this contravention happened back in 2018). I acknowledged it today, 9th Feb 2023. I now need to draft up my defence. Upon reading through some of the threads, 'clear signage', 'extra costs' and 'i'm not in a contract with the private land' will be three of the grounds I will speak on.
The first picture shows the location of the contravention, the red square is where I parked and the blue arrow is where the small car park actually is. The second and third picture shows the entrance to the location and there are no signs. The only sign there is, I only realised when the SAR was sent, was the one circled in the picture. I have a small car so my vision is limited, I have reversed to park in a tight place and I have come out of the car in a tight gap so my concentration was not on my surroundings and as you can see the sign is not clear at all. 

1. In my particular case, of the four pictures that the traffic warden took of my car (i have the SAR from UKPC), none of them have the yellow pcn (NTD) on the windscreen, does this benefit me in any way?

2. I have read online that Traffic wardens should give a 10-minute grace period before issuing the ticket, this is usually documented with the time stamp of the pictures taken and when the pcn/ntd is placed on the windscreen (which there is no picture of this in my case) is that something that is true and I can argue? Bearing in mind it wasn't pay and display.

3. As I did not park in the actual car park, does that make a difference?

Thanks a lot for your time and help. If there is any other defence that someone can bring to light for me, would be greatly appreciated.

Coupon-mad

Is the date of issue 1st Feb?  You don't mean you received it then?

There was no Traffic Warden, LOL!  But why park on the pavement?

berseker

Yes apologies, the issue date is 1st Feb (pictured below). The pcn (as seen from the time stamp in the last two pictures) was in 2018. Is it 'ok/safe' to keep those pictures up? I've seen on other threads that sometimes the claimant checks up on these forums.

The traffic warden is the one who took the pictures of the vehicle, there's another picture where you can see his reflection taking the photo.

I know it was pretty silly of me. I needed to deposit money in the bank across the road urgently and there was no available parking on the street where I usually park, the was no parking space in the small car park (blue arrow in the first picture) so I just parked there for a very short period of time whilst I ran into the bank. The bank is literally on the other side of the road.

KeithP

berseker said:

Yes, the issue date is 1st Feb.

 

With a Claim Issue Date of 1st February, 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 over three 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'.

berseker

Thanks for the information @keithp, appreciate it. In terms of what to write for my defence, within the information given above, are they factors that can be included?

Thanks

Coupon-mad

You could start like this (below) then the rest would be your point about no agreed contract and no grace period, then the forum's template defence (found linked in the NEWBIES thread):
https://forums.moneysavingexpert.com/discussion/6423714 

berseker

Thanks so much. I'll get a defence written up in the next few days and show it here before I send it off to ccbc. Thanks once again

Boat_to_Bolivia

@Umkomaas asked for an update on your thread from a few years ago

https://forums.moneysavingexpert.com/discussion/6296995/county-court-claim-qdr-solicitors-met-parking#latest

After all the help you had and have had today, it would only be polite to oblige.

berseker

@Boat_to_Bolivia I have just replied. I was always going to go back with an update and to express my gratitude for all the help but it is still an ongoing case so there is no update at the moment. 

patient_dream

berseker said:

@Boat_to_Bolivia I have just replied. I was always going to go back with an update and to express my gratitude for all the help but it is still an ongoing case so there is no update at the moment. 

I'm sure you have seen on other threads all about the fake add-on DCBL apply 

DCBL, Yasmin Mia clearly states that "the contract entitles the C to DAMAGES" ???

The only contract available to them is the UKPC sign and rest assured, in 2018 no UKPC sign mentioned damages ?
  
BECAUSE in 2018 DCBL were not on the scene taking people to court with total rubbish UKPC claims.

The fake damages is a DCBL invention for their own pocket and that is a very feeble attempt of "double recovery" which the courts do not allow. DCBL are attempting to mug you and a judge.

If DCBL are so convinced that "the contract entitles the C to DAMAGES" then they must prove this by showing a judge a 2018 UKPC sign stating such.

There is no such sign, even today

When I say proof, the worry would be that UKPC doctor pictures as you will see here ....

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

DCBL will play the game until they realise that they will be spanked in court.  They already know but will keep trying to obtain money from you ..... you play the game with them, most find it good fun .... and THEN, out of the blue you will get a letter saying their client wants to deal

WHY WOULD YOU, when you know they will probably be spanked and you can claim your costs ?

Just be patient and no doubt you will end up here ...
https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Boat_to_Bolivia

I'm confused now, isn't this berseker's thread?