UKPC - PCN for parking on double yellow lines

LekkerManLekker

Received the DCB Legal "Letter of Claim" last week (late February 2023). The PCN is from UKPC in February 2020 for parking on double yellow lines. The current penalty is £170 from the initial £100.

The photos I got back from UKPC SAR request last week show my vehicle parked on the double yellow lines, even though the photos are really low resolution. The also sent the parking sign in low resolution which means nothing is readable.  As mentioned in other thread, I requested high-resolution photos, they replied saying what they sent me us all they have for the PCN/Vehicle. The photos are timestamped.

I am now awaiting the Court Claim letter. Can I defend this, regarding the double yellow lines?

Coupon-mad

How long is your car shown for, in minutes?

Have you now Googled the real (on-street) meaning of double yellows, and the exempt activity that is allowed?

Have you seen that I've recently been telling everyone with DCBLegal claims (when you get yours) to copy the defence by @Johny86 and just change paragraph 3 and edit the little bit where he talks about being a customer of B&M?

Soooo easy to see off DCBLegal!  Nothing to worry about. 

Umkomaas

I am now awaiting the Court Claim letter. Can I defend this, regarding the double yellow lines?

Stay with the process and the prospect of an actual court hearing is minuscule. Read this:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

LekkerManLekker

Its been so long since this happened. From what I remember, I went to go pick up the wife and kid who was 20 months old or so at the time. It was raining (shown in photos), car park was full, so I parked on the lines and quickly went around the corner to the indoor play facility to help wife come back to the car with child as I had the umbrella to keep child dry. At most I would have been stopped there a few minutes.

@Coupon-mad

How long is your car shown for, in minutes?

Less than 1 minute in total.  4 photos of car have a span of 20 seconds.  Then there is  a photo of the sign about 20 seconds later.  Below is the sign (minus the timestamp) from the SAR.  UKPC say they have no other photos for the PCN/Vehicle, so below is the best the have which I can't read anything on it.




Have you now Googled the real (on-street) meaning of double yellows, and the exempt activity that is allowed?

You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see ‘Traffic signs’ and ‘Road markings’. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings (see ‘Road markings’) when upright signs indicate a prohibition of stopping.

https://www.gov.uk/guidance/the-highway-code/waiting-and-parking-238-to-252#:~:text=Double%20yellow%20lines%20indicate%20a,indicate%20a%20prohibition%20of%20stopping.

EXCEPTIONS TO PARKING ON DOUBLE YELLOW LINES
There are however some exceptions for the parking on double yellow lines law where it becomes legal. These are as follows:
Vehicles loading or unloading whilst on double yellow lines
A vehicle unloading or loading for commercial purposes is permitted to stop on double yellow lines, though the unloading or loading must be continuous, must not exceed 40 minutes for heavy goods vehicles, 20 minutes for cars or light goods vehicles and that there must not be waiting restriction kerb markings or signs in place. Loading or unloading must be obvious to the Civil Enforcement Officer (parking attendant).
Picking up or dropping off passengers on double yellow lines
Motorists that briefly stop on double yellow lines to pick up or drop off passengers are permitted providing no stopping restrictions are in force.
Disabled blue badge holders parking on double yellow lines
Vehicles displaying a valid blue badge are permitted to park on double yellow lines up to a maximum of 3 hours providing there are no loading restriction in place. Disabled blue badges must be displayed at all times as well as the accompanying time clock. The time clock must be set to the time of arrival. Although parking on double yellow lines is permitted, it is the responsibility of the driver to ensure they park in an area where they do not cause an obstruction, hazard or danger to other road users.
Authority services
Authority services such as the police and ambulance authorities are permitted to stop and park on double yellow lines providing they are engaged on official duties.

https://www.drivingtesttips.biz/double-yellow-lines.html

Have you seen that I've recently been telling everyone with DCBLegal claims (when you get yours) to copy the defence by @Johny86 and just change paragraph 3 and edit the little bit where he talks about being a customer of B&M?

Thanks for this, I got a little lost in the vastness of the NEWBIES thread.

Fruitcake

With regards to stopping on DYL, Section 69 of the Consumer Rights Act applies because the "Man on the Clapham omnibus" (the average person) would reasonably believe DYLs on private land had the same meaning as those on a public road. The Jopson v Homeguard case also applies where the judge stating that dropping off and picking up is not parking.

LekkerManLekker

Fruitcake said:

With regards to stopping on DYL, Section 69 of the Consumer Rights Act applies because the "Man on the Clapham omnibus" (the average person) would reasonably believe DYLs on private land had the same meaning as those on a public road. The Jopson v Homeguard case also applies where the judge stating that dropping off and picking up is not parking.

Sweet, will keep that case for my defence.

Coupon-mad

This will be easy.

The new statutory Code (temporarily stalled but it IS coming this year) also defines 'parking' as NOT INCLUDING PICKING UP OR DROPPING OFF PASSENGERS:
https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

2.19 parked/parking

"an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)".

B789

LekkerManLekker said:

The photos I got back from UKPC SAR request last week show my vehicle parked stopped on the double yellow lines, even though the photos are really low resolution. The also sent the parking sign in low resolution which means nothing is readable.  As mentioned in other thread, I requested high-resolution photos, they replied saying what they sent me us all they have for the PCN/Vehicle. The photos are timestamped.

I am now awaiting the Court Claim letter. Can I defend this, regarding the double yellow lines?

Just make sure if or when you have to defend that you are careful with the language you use, especially as noted above.

LekkerManLekker

The Court Claim arrived today (30th March) and its dated 28th March.

To confirm, my next step is to login to "Money Claim Online" and do what is stated here for the "Acknowledgement of service".

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Boat_to_Bolivia

Yes but not yet. Wait for @KeithP to come along and furnish you with some important dates and other information.

KeithP

LekkerManLekker said:

The Court Claim arrived today (30th March) and its dated 28th March.

With a Claim Issue Date of 28th March, you have until Monday 17th April to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 1st April, but otherwise 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 Tuesday 2nd May 2023 to file your Defence.

That's well 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'.