UKPC - County Court Claim - Transfer of Proceedings

Citizen_K · 27 February at 10:30PM

Hello all, I am seeking some help for a old parking fine that has now resulted in a claim form so I'm worried about whats going to happen.
I have read the newbies thread and have been trying to follow it and I am continuing to research other threads, but just need some guidance here. The one thing I haven't seen as far as I can tell is cases where the driver could be in the wrong? I may have parked in a poor location but I will briefly summarise:

-2019: i parked in a double yellow 'lay-by' of sorts. this is where I have always parked when driving to this location to pickup lunch/dinner. but I cannot recall if the double yellow lines are new or if the signage is new, i just don't remember. i also cant remember if I just picked up lunch and left or dined there, probably the latter if I were to guess.
a bad choice for sure as when I came out (from the pictured building on the left) I had the parking ticket from UKPC.
-as its been so long I don't have all the details but have been writing a summary in my notes.
-15/11/19 - I got a response from UKPC on an appeal saying they rejected it:

"We have investigated your appeal based on the information you have submitted and confirm that this

parking charge was correctly issued because there are sufficient signs at Parkhouse Court advising drivers

that vehicles must be parked only within designated marked bays." they gave options:

1. pay £60

2. appeal to POPLA but lose the right to pay £60 and it will be £100 if they reject appeal

3. do nothing and it goes to £100 plus further £70 if passed to debt recovery agent

-i appealed to POPLA.
-4/2/20 i received a letter saying "Having considered the evidence provided by you and UK Parking Control, we can confirm

that POPLA have declined your appeal, ruling in favour of UKPC."

and of course requesting the £100.00 and threat of increase to £160.00, plus potentially more with claim for costs, court fees etc.
-at this point i must have started ignoring the letters which I now think may have been a mistake.

-16/1/23, DCB Legal letter received saying 'Letter of Claim' asking for £170. this letter came to my new address as i have since moved.

-I used the newbie thread but I think my reply was too late, i messed up I think. i replied on 16th feb, too late?
-my responses on 16/2/23:

-sent SAR letter via email to [email protected]

-also sending email to [email protected] stating new address as advised here: https://forums.moneysavingexpert.com/discussion/6254233/sar-identity-request

-response i got: Please be advised that we have updated our records to your current address.

We will also inform DRPL and DCBL.

-17/2/23 - received claim form for county court business centre. amount stated now is £305.04. it just says I have 'limited time' to reply and there are a lot of forms...

so here is where I am now and its getting stressful.
i see one of the guidance is complain to the retailer, but its an independent fast food place I'm not sure if they would care. Or the landowner but I'm not even sure how to find where to send this.

next step would be AoS right?

plus looking where I parked do I even have a case? i can only say I have parked there many times with no issue.
i really dont know what to do and would really appreciate some help and advice.

thank you.

Boat_to_Bolivia · 27 February at 10:36PM

Don't fill in any of the forms. Don't pay. Don't contact them.

Start with Plan A...Yes, complain to the retailer. They are aware of the parasites outside their premises and their presence will keep custom away.

How could that possibly good for business?

KeithP · 27 February at 11:27PM

Citizen_K said:

-17/2/23 - received claim form for county court business centre

You say that you received the Claim Form on 17th February, but what is the Issue Date on that County Court Claim Form?

Coupon-mad · 28 February at 12:18AM

This will be discontinued later this year anyway, so no hearing; nothing to pay and nowt to be scared of, as long as you play the game with our help.

Citizen_K · 28 February at 1:27AM

Thanks all for the help so far.

The issue date on the court form is 17th feb.

So I will email the place where I had lunch and complain/ask of there is anything they can do.

Anything else I need to do given that I got the court letter 17/2/23. It’s not clear on there what the time limit is.

I think I need to do the acknowledgment for now?

KeithP · 28 February at 1:44AM

Citizen_K said:

The issue date on the court form is 17th feb.

Anything else I need to do given that I got the court letter 17/2/23. It’s not clear on there what the time limit is.
I think I need to do the acknowledgment for now?

With a Claim Issue Date of 17th February, you have until Wednesday 8th 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 Wednesday 22nd 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 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'.

Citizen_K · 1 March at 1:29AM

Thanks all I will get the AoS done and start the defence, will post it and get your advice if that’s ok. I also sent an email to the place where I got lunch there but I’m not sure if they will respond (small independent place).

Citizen_K · 2 March at 12:16AM

Ok I have done the AoS, defence is next. I will use the guidance and template but I am just concerned as to what my defence is exactly. You guys can see the photo in the OP and they obviously have pictures of my car there, and there is a sign too. Does this mean I'm likely to lose?

Coupon-mad · 2 March at 12:20AM

There is always a series of photos of the car with a sign up, obviously! Of course you will see your case discontinued like everyone does. These are all the same. No-one loses. Almost no-one has a hearing.

You've told us that this is UKPC / DCBLegal so you can adapt the one by @Johny86 which is worth pointing the never-ending queue of UKPC defendants to, saving us a lot of typing!