County Court Claim - leaving site

Sea_Turtle

Hi everyone,

I cannot thank you all enough for the help on this forum already available! 

I have a county court claim for leaving the site from DCB Legal on behalf of UKPC and I was hoping you could help me with my defence please. Thank you so much for all your help so far I have read through and submitted my AOS and requested a SAR from UKPC very recently. I admit I did ignore the prior letters and after reading all the thread won't ever do that again! 

The claim is for breach of Terms and Cs and, on states vehicle/drive left site on the LBC, this was about 4 years ago so I don't remember the day but the car park is a free car park with many restaurants, fast food outlets and a cinema etc on it. The charge is also huge compared to what the signs say - signs say £90 and the charge is more with interest and fees. 

Would they have to prove I left the site rather than I prove I didn't? 

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

3. It is the Defendant’s understanding that parking was free for all visitors of the complex for up to three hours, and there were no Pay and Display machines surrounding the parking bays. On the DATE the Defendant visited CAR PARK - as they had done several times in the past without issue. It has been nearly four years since the alleged breach of terms and the Defendant is unable to recall the exact details of the day. The Defendant was shocked to have received notice of a P.C.N due to the car park not being chargeable. The Claimant has provided no evidence of the breach stated, that the keeper/ driver of the vehicle left the site. The Defendant notes that the operator’s signs, were not transparent in their Terms of Contract. There is no clear site boundary map displayed or, site description printed to clearly outline a site boundary. The area controlled by the Claimant is an open access area with multiple restaurants and entertainment facilities and, there is no barrier or payment upon the two entry ways. There is no clear signage to demonstrate the end of the site and, the signage that is in place is difficult to read due to the small print and location of the signs. The Defendant is also confused about the charge amount from the Claimant as since checking the signage displayed at the car park states a £60 charge increased to £90 if not paid within a certain number of days.

Any help would be really appreciated! 

Grizebeck

Deny leaving site and put them to strict proof. Something they will be unable to prove
They will end up discontinuing

patient_dream

As Grizebeck says above

More utter rubbish from UKPC which they and DCBL must prove .... onus is on them

And the other big joke is that DCBL will have added fake amounts, calling it damages.???

Unless DCBL want a court spanking where you claim your costs .... they will discontinue. But not until they have tried to offer you a deal thinking you are a mug.

Play this stupid game with us but you must be patient

Sea_Turtle

Thank you so much for the quick replies!

I have had my SAR back from UKPC and they have a picture of my car and then one 15 mins later and the PCN notes the time of the 15 mins later picture. 

I will add in my defence I deny leaving the site 

Grizebeck

No dont just add that, make it the front and centre of your defence!.
Remove any waffle.

KeithP

Sea_Turtle said:

I have a county court claim...

so far I have read through and submitted my AOS...

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Johnersh

If you don't remember, the phrase is simply that "it is neither admitted nor denied that D left the site during the period of parking 4 years ago. The claimant is put to strict proof."

In strict legal terms to deny means you know that allegation is incorrect and can prove the contrary.

You get to the same point. C needs to find the traffic operative and bring them to court or risk having no case. 

patient_dream

Sea_Turtle said:

Thank you so much for the quick replies!

I have had my SAR back from UKPC and they have a picture of my car and then one 15 mins later and the PCN notes the time of the 15 mins later picture. 

I will add in my defence I deny leaving the site 

This all comes down to the signs and a defined border which will not be seen.  

Plus, if you are aware, UKPC have been caught in the past doctoring pictures

Parking bosses UKPC will refund ALL tickets handed out by dodgy wardens who scammed motorists by changing the times on photos to fine legally parked cars

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

AND .... Johnersh above is a real solicitor 

Sea_Turtle

KeithP said:

Sea_Turtle said:

I have a county court claim...

so far I have read through and submitted my AOS...

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I filed my AOS yesterday and the issue date is 17th February on the County Court Claim Form 

Sea_Turtle

Johnersh said:

If you don't remember, the phrase is simply that "it is neither admitted nor denied that D left the site during the period of parking 4 years ago. The claimant is put to strict proof."

In strict legal terms to deny means you know that allegation is incorrect and can prove the contrary.

You get to the same point. C needs to find the traffic operative and bring them to court or risk having no case. 

Oh brilliant thank you! 

KeithP

Sea_Turtle said:

KeithP said:

Sea_Turtle said:

I have a county court claim...

so far I have read through and submitted my AOS...

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I filed my AOS yesterday and the issue date is 17th February on the County Court Claim Form 

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 and it is good to see that you are not leaving 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'.