Claim issued by UK Parking Control Ltd - Draft Defence

Teddington25

Hi all

Long time reader, first time poster. 

I have received a claim form on behalf of UK Parking Control Ltd from DCB Legal Ltd regarding a PCN issued in 2018. I had received a few letters in March 2021, then nothing further until a LBA in Jan 23 and then a claim form issued on 20 Feb 23. 

The Particulars of Claim are as follows:

1. D is indebted to the C for a Parking charge issued at crown point shopping park.
2. The PCN details are 17.11.18 - ref number.
3. The PCN was issued on private land owned or managed by C. The vehicle was park in breach of the Terms on C's signs (the Contract) thus incurring the PCN.
4. The Driver agreed to pay within 28 days but did not. D is liable as the driver or Keeper. despite the requests the PCN is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS:
1. £160 being the total of the PC and damages.
2. Interest at a rate of 8% per annum pursuant to S.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payments.
3. Costs and Court fees.

Amount claims is £306 made up of amount of £221 plus Court fee of £35 and legal costs of £50. 

I have submitted by AOS, made a subject access request because I am fairly certain no agreement was made to pay - but considering it was 2018 I don't want to trip up on this and 100% confirm this is the case. We were at the shopping park designing a kitchen with Wren Kitchens which took what felt like forever, at no point were we alerted to the fact the parking had limitations and I hadn't considered at the time that there would be any limitations when legitimately shopping...The car is shared between me and my husband, and it's highly likely he was driving but who knows to be honest. 

I have done an initial draft of the defence and intend to include paragraph 4 onwards of the template. Please could you offer some guidance on any amendments which may be required? The defence is due to be filed by 25th. 

Many thanks! 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle. The Defendant cannot recall who was driving the vehicle on 17 November 2018 as the vehicle is shared with her husband.

3. The Defendant vaguely recalls being at Crown Point Shopping Park around that time with her husband, then partner, for a period of time designing a kitchen at Wren Kitchens located within the shopping park. The Defendant does not recall seeing any signs regarding time limits and was not advised by Wren Kitchens about any limitations during the design process. The Defendant cannot recall how long she was in Wren Kitchens. The Claimant states within their Particulars of Claim that the driver agreed to pay within 28 days however, as noted above, the Defendant cannot recall who the driver was and cannot recall any agreements made as registered keeper of the vehicle to pay the PCN issued by the Claimant.

Coupon-mad

Remove this (the template already covers this later on):

"The Claimant states within their Particulars of Claim that the driver agreed to pay within 28 days however, as noted above, the Defendant cannot recall who the driver was and cannot recall any agreements made as registered keeper of the vehicle to pay the PCN issued by the Claimant."

Add in paragraphs 4 onwards (to the end) by @Johny86 who used the template defence but added specific DCBLegal-related paragraphs 4-11 that you need too.

Literally copy his para 4 onwards.

B789

Read an almost identical case here:

https://forums.moneysavingexpert.com/discussion/comment/79887757#Comment_79887757

Also have a read of this thread to see the likely outcome:


DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Teddington25

I have amended and inserted those paragraphs by Johny86 and filed the defence. 

Thank you both for your help - very much appreciated! 

Teddington25

Hi all,

Just an update. DCB decided to continue with the claim and I have today filed by Directions Questionnaire as per the advice on this board! 

Coupon-mad

They didn't "decide" anything.  That's a template letter.

Discontinuance comes later on.

Teddington25

Apologies, I didn't realise, I just went off the wording of the letter. 

Thank you for the clarification. 

fast_furious

Hi Teddington, did you end up buying a kitchen from Wren? If so have you considered complaining to them about your situation?

Teddington25

fast_furious said:

Hi Teddington, did you end up buying a kitchen from Wren? If so have you considered complaining to them about your situation?

Hi Fast

We did buy a kitchen from Wren but another store in the end, after spending 4 hours designing a kitchen in the store we ended up getting the ticket at we raised it but they weren't bothered... 

Teddington25

Hi all,

further update, DCB have sent a WP offer reducing the amount to £256 rather than £306. 

I've had a look through the posts but cannot find a similar offer so far...is best practice to reply with a counter offer or reject the offer suggesting they have no claim? 

Many thanks in advance!

YankeeBrit

Teddington25 said:

further update, DCB have sent a WP offer reducing the amount to £256 rather than £306. 

I've had a look through the posts but cannot find a similar offer so far...is best practice to reply with a counter offer or reject the offer suggesting they have no claim? 

Don't bother even responding to DCB Legal. This is one of the expected steps they take in the hope that you are gullible enough to accept. The next step is usually discontinuation. Stay strong.