Defence against the MCOL Claim form UKCPC( DCB Legal)

open-eyed

Hi,
I received a claim from MCOL dated 17th February 2023 for parking in ASDA car parking on May 2019. The claimant is UKPC and their solicitor is DCBL. I submitted AOS and received on 27/02/2023 .

I did appeal as below but was not accepted and planning to submit my defence using the NEWBIES template.

Dear sir or madam,

 I went for shopping with my family to ASDA Leyton and received a parking fine at 09:51 pm on 03/05/2019. The ticket reference is 1412891232150.

 I am a regular customer of ASDA Leyton and I recently bought an electric hybrid car. So, I thought of charging the car while shopping. However, I could not find a way to plug in and tried by registering online from my mobile but could not figure it out as there was no instructions. In the meantime, my disabled wife and children already went inside the shop. As there was no clear instructions that car needs to be in plugged in the bay, I left the car and finish my shopping. Then we back to the car immediately and found the parking ticket though the colour of the car is wrong in the PCN.

 I am so disappointed and I hope you understand that I had no intention to park there if my car was not an electric as there were lots of free spaces available at the night time. So, I found the parking charge is not fair to me and my family.

 I spoke to ASDA customer service and they told to contact you and explain the situation to remove the parking fine.

 I attach my shopping slip for your satisfaction.

 Considering my circumstances, I request you to cancel the parking charge notice.

 Kind Regards,

 Should I use the same wording for paragraphs 2 and 3.

Any advise/suggestion would very helpful. 

Thanks.

KeithP

You've been through this process at least twice before in the last few months.
You should now have some idea about what a Defence looks like.
What you have shown us above is nothing like the Defences you filed earlier, is it?
Suggest you read again your previous threads to refresh your memory.

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 two 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'.

open-eyed

KeithP Thanks for your reply. Yes, I have now got some ideas and will create my defence following NEWBIES thread..

I was wondering whether it will be a problem if my defence dose not exactly match my previous appeal.

KeithP

open-eyed said:

I was wondering whether it will be a problem if my defence dose not exactly match my previous appeal.

You can expect the Claimant you draw the Court's attention to those discrepancies.
What differences are you talking about?

B789

open-eyed said:

KeithP Thanks for your reply. Yes, I have now got some ideas and will create my defence following NEWBIES thread..

@open-eyed Why do you keep thinking that this is an "appeal" or you are at the "appeal" stage???

You are at County Court Claim stage and any sob story in the hope that the claimant's heartstrings will be twanged is useless. As @KeithP has pointed out and a search of your profile shows other parking cases you've dealt with previously, you should be experienced enough by now to know what the various steps are. "Appealing" at this stage is not an option.

open-eyed said:
I was wondering whether it will be a problem if my defence dose not exactly match my previous appeal.

Is it the same car park, same car, same RK? Were you successful the last time you defended a claim?

Please carry on re-reading the Newbies thread to refresh your memory about the process and where you are in it.

One note of encouragement will be for you to have a read of this thread to see the probable outcome, if you follow the advice:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Coupon-mad

Just copy (slight editing of facts needed only) the defence by @Johny86 - simple.

Very easy for DCBL / UKPC claims.

DO NOT restate your weak appeal (I am sorry to say it was doomed and far too respectful to UKPC).  The retail park land agents would have cancelled it at the time, had you persisted.

Can you get a photo of the UKPC sign at the EV Bays?  There could be an extra angle about ambiguous terms.

open-eyed

Thanks for your replies @KeithP,@B789 and @Coupon-mad.

Here are the pictures I received from SAR,



I can not clearly see from the pictures the car has to be plugged into the charger, it might be a small print. 

Coupon-mad

Can't read the signage, which is great for you.  Normal rubbish claim from UKPC.

But you know how to defend this, and it'll take you mere minutes, now you know which one we recommend that you copy & adapt.  Please don't ask for a link; his name in my earlier reply is the link.

patient_dream

Just another rubbish case from UKPC which DCBL just love because they get their name in the thead of shame

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Those UKPC pictures as usual are unreadable.  The picture of the sign, above the sign that says CCTV, was taken by the flash on the camera, easy to tell because to top of the sign is light faded rather showing there is NO other light source for the sign

The BPA are supposed to audit these car parks, pigs will fly .... 

open-eyed

Thanks again @Coupon-mad and @patient_dream. 

Here is my para 3 from @Johny86 defense,

3. The Driver and the Defendant's family were patrons at ASDA store within the retail park and did shopping there. Therefore the Defendant was a genuine customer who remained on site throughout their visit. The car in question was a plug-in hybrid electric vehicle and hence the driver parked the car in the electric bay with the intention to charge the car while shopping. Although the charger could not use as it was not straightforward as like other stores (TESCO, Sainsbury’s etc.) as Defendant used to do and there were no clear instructions on how to charge the vehicle.

The remaining paragraphs are the same as his template.

Please let me know if it is ok or needs further changes.

Coupon-mad

I'd remove all this:

"with the intention to charge the car while shopping. Although the charger could not use as it was not straightforward as like other stores (TESCO, Sainsbury’s etc.) as Defendant used to do and there were no clear instructions on how to charge the vehicle."