Country Court Business Centre - UKPC / DCB Legal court claim received

guttedman

Good evening everyone, 

In January this year, I received  "Before Claim Letter" for a parking charge issued in 2019.  I was a registered keeper of the car at that time. I cannot recall  the reasons of being in that area at that time or any communication with UKPC.  Please find all the details below regarding my County court claim. I am pretty gutted and do not  know how to approach this case. I have been reading many threads in this forum and gone through Newbies  threads. There is a lot to get my head around and the more I read, the more confused I get.  

Claim Issue date: 17 Feb 2023.
Moneclaim acknowledgment received:  28/02/2023 at 16:05:09

Parking charge date: 26/02/2019
Initial parking charge amount: £100

Claimant:

UK Parking Control Limited

Union House

111 New Union Street

Coventry

CV1 2NT Address for sending documents and payments: DCB Legal LTD - 033014744172 Direct House, Greenwood Drive Runcorn WA7 1UG Defendant: Guttedman Particulars of claim: 1. The Defendant is indebted to the Claimant for a parking Charge(S) issued to vehicle ****** at South Bristol Trade Park, winterstoke Road, Btistol, BS23 2 LD, 2. The PCN details are 26/02/2019, (claim numberxxx) 3. The PCN(s) was issued on private land owned or managed by Claimant. The vehicle was parked in breach of the Terms on CS signs (the Contract), thus incurring the PCN. 4. The driver agreed to pay within 28 days but did not. Defendant is liable as a driver or keeper. Despite request, the PCN is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS: 1. £160 being the total of PCN and damages. 2. Interest at a rate of 8% per annum pursuant to s.9 of the Conty Courts ACt 1984 from the date of hereof at a daily rate of £0.02 until judgement or sooner payment. 3. Cost and court fees. Amount claimed: £216.92 Court fee: £35 Legal rep: £50 Total amount: £301.92 So far I have followed the process flow and acknowledge the claim via www.moneyclaim.gov.uk.  Now I have started preparing the Defence letter. Just to confirm, could someone pinpoint the latest template after the  legislation changes in 2020?   I would appreciate your help and support.

KeithP

guttedman said:

Claim Issue date: 17 Feb 2023.
Moneclaim acknowledgment received:  28/02/2023 at 16:05:09.

Hello and welcome.

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 well over a week 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'.

Coupon-mad

Then once you've read all that and understand the (easy) tasks ahead of you, just copy the defence by @Johny86 like you will surely have read everyone else with a UKPC / DCBLegal claim is doing.

Umkomaas

As the claim is for UKPC via DCB Legal, please also read the following thread. You must keep going through all the court phases, this isn't a green light for complacency. 

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

Le_Kirk

Coupon-mad said:

Then once you've read all that and understand the (easy) tasks ahead of you, just copy the defence by @Johny86 like you will surely have read everyone else with a UKPC / DCBLegal claim is doing.

.... and before you state that the link doesn't work or you cannot find the defence, just click on @Johny86's name and you get to the profile, then you can click on discussions and scroll down to find the right one.

guttedman

Hello everyone, 
I really appreciate your prompt responses and support in this matter.  I have been trough many threads and successful stories and my eyes were ready to pop. 

I have dug out photos  from that event following the UKPC claim number on their site. I can past them in here if you find it helpful. 
I have put few words together regarding para 2 and 3 as you advised. 

2. It is admitted that on the material date the Defendant was the registered keeper and the driver of the vehicle in question, but liability is denied.  - I have added the drives as it was only me on the policy at that time hoverer it was comprehensive so allowed to be used by other drivers depended on their  insurance policy.

3.  Due to the length of time, the Defendant has little to no recollection of the days in question, which were unremarkable.

In addition, it is denied that the Claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. There was no signage at the entry to the South Bristol Trade Park. Signs are installed on the building walls hardly to be seen  and  the  size of the font make it unreadable in the dark when the ticket was issued. 

Still no sign at the entry. First photo was taken at 20:19, last  at 21:19. As I can see on the google street view the signage has improved and there is a UKPC sign on the wall every few meters. 

Been trying to find the land owner  but no success. I have contacted two property agents instead asking for some information.  

Other paragraphs (12-34) left untouched are as per Johny86 thread and defence template. 

Thank you for review and your priceless comments. 

Coupon-mad

Very good but the 'In addition' part should be numbered paragraph 4 (drop Johny86's para 4 because the POFA is irrelevant to you if admitting to driving).

Easy, isn't it?!

KeithP

guttedman said:

Been trying to find the land owner  but no success.

It looks like the totem sign at South Bristol Trade Park has the contact information you need.

Google Street View shows it but it's not possible to read the detail...

[click on the image - it's a link to GSV]

KeithP

guttedman said:

Still no sign at the entry. 

Google Street View shows this sign was at the entrance to East Court - by GSF Car Parts - in July 2018...


GSV shows that that sign was still there in July 2019.
Your parking event was in February 2019, so it would not be unreasonable for the Claimant to say that, on the balance of probabilities, that sign was in place on the day of the alleged transgression.

guttedman

KeithP said:

guttedman said:

Still no sign at the entry. 

Google Street View shows this sign was at the entrance to East Court - by GSF Car Parts - in July 2018...


GSV shows that that sign was still there in July 2019.
Your parking event was in February 2019, so it would not be unreasonable for the Claimant to say that, on the balance of probabilities, that sign was in place on the day of the alleged transgression.

Thank you for indicating this. Indeed the sign was in there in 2018 and 2019. I missed that while browsing. Shall I remove the statement "There was no signage at the entry to the South Bristol Trade Park." Does it compromise the defence as a whole or just influences  WS in the later stage? 

My problem is that i Live in Worcester and only visit Bristol at very rare occasions. Mostly on my way to the airport.   

I spent some time at night researching the land ownership / management and linking the dots I found this company: columbiathreadneedle. IT looks like investment found. On their website there are few emails so I will use: Clientsupport@columbiathreadneedle.com and questions@columbiathreadneedle.com. 

@Coupon-mad para 4 deleted as pointed out. thank you

guttedman

Hi Guys, I have pasted  photos found on UKPC website just to be clear and as much transparent as possible. I would like to conclude tomorrow. Many thanks and have a good weekend.