UKPC / DCBLegal Claim Form

newbie7802

Sorry, English is not my first language. Let me know if anything is unclear.

Good evening all. And thank you all in advance.

I’ve received a Claim Form for overstaying in Crown Point Shopping Park, Leeds way back in 2019. The vehicle on the claim form was a rental car.

The Issue Date on the Claim Form is 17 Feb 2023. Claiment is “UK PARKING CONTROL LIMITED” and their legal representative is “DCB Legal LTD”. They claim £160 being the total PCN and damages, and interest at 8% pa. So the amount claimed is £2xx.

 

 I’ve spent a night to read some threads including the NEWBIES thread.

Progress I’ve done so far:

1) The AOS was submitted on 22 Feb.

2) SAR sent to UKPC and they have responded with

- two time stamped photos of the vehicle

- two black and white photos of the number plate

- copy of a car rental company letter that give hirer’s name, address and hire agreement

- copy of two parking charge letter (same PCN)

 

The parking charge on the first parking charge letter was £100, no early pay discont. And had a sentence said “If no payment or representation is received within 28 days the outstanding debt will be forwarded to a debt recovery agency, at which point an additional charge of £60 will apply in accordance with the terms and conditions of parking.”

Defendant was the only named driver on the hire agreement.

I was a oversea student at that time, the first parking charge letter was dated 12 days before I flighted back to my home country,  the second parking charge letter was dated 14+ days after. And I did’t have access to the Letterbox after I moved out (same day as the flight).  Actually, I did’t even aware of (or receive) the first letter.

Umkomaas

I was a oversea student at that time, the first parking charge letter was dated 12 days before I flighted back to my home country,

In which country are you living at the moment?  Is this now a permanent residency?

KeithP

If you are permanently living abroad you can ignore it.
However, if you want or need to defend yourself, read on...

newbie7802 said:

The Issue Date on the Claim Form is 17 Feb 2023. 

1) The AOS was submitted on 22 Feb.

With a Claim Issue Date of 17th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 22nd March 2023 to file your Defence.

That's almost 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'.

newbie7802

I'm living in the UK at the moment.  And I'm still not a permanent residency. 

Boat_to_Bolivia

newbie7802 said:

I'm living in the UK at the moment.  And I'm still not a permanent residency. 

You need to defend yourself then as per KeithP's advice above.

Umkomaas

newbie7802 said:

I'm living in the UK at the moment.  And I'm still not a permanent residency. 

For how long are you here?  Are you likely to reside in the UK on a permanent basis?  If so, what sort of timescale do you have for this?

newbie7802

Umkomaas said:

newbie7802 said:

I'm living in the UK at the moment.  And I'm still not a permanent residency. 

For how long are you here?  Are you likely to reside in the UK on a permanent basis?  If so, what sort of timescale do you have for this?

yes, i'm planning to reside in the UK on a permanent basis. I should get my "Indefinite leave to remain" in the second half of next year

Coupon-mad

OK; you need to defend, as per @KeithP's reply.

newbie7802

My first draft of defence

2. It is admitted that the Defendant was the hirer of the vehicle in question but liability is denied.

3.  The defendant and their family members entered the car park with the intention of shopping and eating at the retail park. The defendant was a legitimate customer and remained on the premises throughout their visit.

4.  The defendant did not receive any parking charge notice (PCN) and was therefore unable to appeal or challenge any such notice. This situation is unfair for the defendant.

Question

shoule I use @Johny86 's defence or template?

Coupon-mad

Yes, use his first paragraph, then his paragraph 4 onwards plus your bit and it's done!

I reckon you can amalgamate his para 4 plus your para 4 together.  That will work.

Question:

As it's a hire car why were you not sent your own Notice to Hirer, did the lease firm old an old address for you?

newbie7802

Hi everyone, my hearing will take place on 29 september, I need to send my Witness Statements 14 days before the hearing. 

I've read some threads about WS, should I use @aphex007 WS? 

Many thanks