UKPC Finally filed claim.

forgotmyname

My old thread appears to be closed.
link...   https://forums.moneysavingexpert.com/discussion/5985151/ukpc-popla-how-short-an-appeal/p1

Quick recap as that was 11 pages.

Parking event late 2018 McDonalds. Max stay 90 Minutes Alleged time parked 105 minutes. Carpark was super busy and the driver entered
and left several times before actually finding a space.

Keeper was on holiday when the parking charges were delivered, by the time they got home there were a bunch of usual letters with costs
increasing.  At one point 4 arrived on the same day, wonder if their system knew the driver entered and left before actually parking?

POPLA appeal failed even though the pictures provided by them were from before the site was redeveloped. Guessing 2015/2016 signs on
walls that are no longer there and one on the store that was not there when we took pictures soon after the event.
Letters arrived every now and then but thought pointless responding and await the court papers.


These arrived a few days ago now (Dated 20th) so the clock is ticking.

Memory is hazy after all this time but coupon-mad mentioned the 42 day wording on page 10 of the link at the top.  Driver was never named
so is the keeper liable?

Thanks.

Coupon-mad

Keeper can't be held liable by a NTK with the 42 days sentence on it. Unless the keeper was the driver.

Always be honest in the defence. Defend as driver if you know you were.

You won't have to attend a hearing (highly unlikely it will get that far).  UKPC will discontinue anyway - if this claim was filed by DCB Legal?

Have you done the online AOS yet as per the pictorial step-by-step guidance on this forum?

Wait until tomorrow or next week.  See NEWBIES thread 2nd post.

95Rollers

Good afternoon, just seen this.  2 of my Parking Victories have been getting a McDonalds ticket cancelled for a friend and also sucessfully defending a case of my own which I was accused of "Parking" on site for 23 minutes - despite the fact that I had made multiple entries/ exits in that 23 minute window.  

As CM said UKPC/ DCBL are bottlers and its unlikely your case will go to court - but it doesn't hurt to be proactive and ready to defend as you are looking to do.

The key points on getting the McDonald's case quashed was:

I wrote out his appeal (however the same information is just as relevant for a court statement) - pointing at that as Keeper he categorically denied the false allegation of his vehicle being on site for over 300 mins!  He'd gone in for 2 seperate meals as he was working nearby.  We Demanded to be shown strict proof that the vehicle was onsite for this WHOLE period of time. We Demanded a copy of the ANPR log which would instantly disprove their unfounded allegation. We stated is was not up to the Keeper to prove his vehicle wasn't there (which he could prove, but was not willing to do so at this stage due to the nature of his work).
I pointed out they had committed a DATA BREACH by accessing his details from the DVLA, because failed to follow BPA guidelines by NOT doing their checks on ANPR to rule out double dips. I included screenshots of the BPA's policy around ANPR thus unless they could evidence they followed this protocol then their "charge" was not "correctly" issued. I pointed out this "mistake " seems to be a very common and regular as there are countless News Articles/ Consumer Reviews about both UKPC and MET Parkings ineptitude of "managing" and "enforcement" at McDonald's carparks in the national media countless over the last 15 years so was dumbstruck that they were not applying due diligence or were being negligent with people's data in order to make a gain for themselves.  I kindly reminded them that I look forward to seeing a FULL breakdown of their evidence. It was cancelled and they still continue to issue thousands of PCNs in exactly the same questionable fashion!

In my own case:

Like yourself I entered/ re-entered more than once. I heavily reflected on the BPA's ANPR policy regarding "double dips" and the company's refusal to share the ANPR log which would ultimately prove my "innocence"  

I also drew from Case Law such as Mrs X vs Parking Eye (i think) in which a motorist entered a very congested carpark looking to park and had to wait ages driving round looking for a space which took her "over" on the ANPR, and also their lack of proof - they accused me of "parking" - but had no evidence of this. I threw the kitchen sink into this and these were some of the key points I drew on that will be relevant to your case.

BUT, don't worry too much yet. Just WAIT OUT and keep checking back here once something happens with your case. Don't be tempted to pay a "setttlement" offer- they send these out willy-nilly on the off chance or people caving in due to fear of court, usually because they have NO CASE.

forgotmyname

AOS not yet done, they only emailed me the info yesterday evening.  Yes its DCB Legal.   Remember filing the AOS where
it was said never put anything in the defence box. Will check to see if thats the same.


With regard to the POPLA appeal where they supplied photo's which predated the parking incident. Is this relevant to our defence
or does all the POPLA stuff just get ignored from now?
Photo's of signage on walls that were removed in 2015/2016 when the site was redeveloped. Parking incident 2018.

Coupon-mad

You can state briefly that the POPLA appeal was unfair and the C is put to strict proof of the signage in situ on the day.

KeithP

forgotmyname said:

Letters arrived every now and then but thought pointless responding and await the court papers.

These arrived a few days ago now (Dated 20th) so the clock is ticking.

I am going to assume that those words mean that you have received a County Court Claim Form with an Issue Date of 20th February 2023. Please conform that.

With a Claim Issue Date of 20th February, you have until Monday 13th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 27th March 2023 to file your Defence.

That's over 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

forgotmyname

Thanks KeithP and Coupon-mad.   Correct the Claim issue date is the 20th.

Helped someone else with the AOS and later the Defence filing a little while back. I will be checking to make sure there
have been no changes since I last used it either way.

95Rollers

forgotmyname said:

With regard to the POPLA appeal, they supplied photo's which predated the parking incident. Is this relevant to our defence?
or does all the POPLA stuff just get ignored from now?
Photo's of signage on walls that were removed in 2015/2016 when the site was redeveloped. Parking incident 2018.

This is massively relevant!

POPLA failed to do their job properly and therefore you weren't afforded a fair appeal.  Include ALL of this backed up with your photos/ Google Earth images/ maps and other evidence contradicting what they have used!

forgotmyname

I have kept everything from the POPLA appeal and whilst doing that I also found a newspaper article from a local
newspaper which stated the store on the other side of the road gave someone a ticket because they used the store
2 days running.  Although it maybe seen as irrelevant it may help cast doubt on their system when/if they claim
its foolproof?

Coupon-mad

All ANPR used by PPCs has that fault (double dip).  Happens all the time.

forgotmyname

I keep saying this is the last one I will be helping with but then I think what if they pay....  Noooooo STOP send me the forms....

I only got the BORING one which was at an Airport, someone borrowed my car for an early morning dropoff at the Hotel there.
Photo of my car clearly shows a sign saying Drop-off zone. Driver said they had to go around a couple of times because a vehicle
blocked the drop-off bay.

I was ready for some fun and posted what I assumed would be a carrot for them...   Complete appeal  (Not the driver. Was not me).
Thought with that and a photo of the car in a drop-off zone it would be easy, so easy that I never heard anything ever again.

All thanks to you guys.