PCN from UK Parking Control Ltd. - Claim Form received

steve9989

Hi. My wife received a PCN from the above company in April 2019. She has now received a Claim Form of intention to proceed to court. I have filed an acknowlegment of service online at moneyclaim.gov.uk on her behalf and now need to file a defence. I intend to use the template defence given on the forum. However, this is too big to fit in the 120 lines allowed in the Defence Particulars section when filing online. It is suggested that the defence by filed by email. Is that sufficient if the defence was started online?

I would be grateful for comments on our proposed defence, which is as follows:

The Defendant parked the vehicle at Aylesbury Shopping Park on 27 April 2019 in order to visit several shops there. She obtained a parking ticket from the machine (free for 2 hours) and placed it visibly on the dashboard. The Claimant has not provided any evidence that a valid ticket was not obtained. If the ticket was not visible at any time thereafter, it may have blown off the dashboard. The PCN charge claimed is in any case disproportionate to the Claimant's loss, which is zero as parking is free for two hours. The Defendant denies having agreed to pay the PCN charge as claimed by the Claimant. She has Alzheimer’s disease and suffers from memory issues, with the consequence that she never responds to communications (official and unofficial) and is too scared to respond to any subsequent threatening letters from solicitors and debt collectors.

Thanks in advance for your help

Coupon-mad

DCBLegal?

What's the Date of Issue, top right of claim form?

If it's DCBLegal, just copy the defence by @Johny86 and change paragraph 3.  Job done.

You know to email it because the Template Defence tells you to, and you know why, and you know to make sure you get an auto-acknowledgement.

KeithP

What is the Issue Date on your wife's County Court Claim Form?
Upon what date did your wife file an Acknowledgment of Service?

Yes we know your wife's Defence won't fit in that box and the template Defence thread addresses that.

Not_A_Hope

However, this is too big to fit in the 120 lines allowed in the Defence Particulars section when filing online

Is that sufficient if the defence was started online?

Do not put any of your defence into MCOL. Not even a full stop. Only send by email.

As far as the changes to para 3 of @Johny86 defence I would make the following points on what you have drafted above.

The PCN charge claimed is in any case disproportionate to the Claimant's loss, which is zero as parking is free for two hours. The Defendant denies having agreed to pay the PCN charge as claimed by the Claimant.

No point including either of these points. The disproportionate loss defence disappeared years ago and the PPC will claim you agreed to pay as a result of parking and the signs they have on site.

She has Alzheimer’s disease and suffers from memory issues, with the consequence that she never responds to communications (official and unofficial) and is too scared to respond to any subsequent threatening letters from solicitors and debt collectors.

Unfortunately being scared is not a defence point.

steve9989

Yes, DCB Legal.

Issue date of Claim Form 16.2.23
Acknowledgement of Service filed 27.2.23

I understand that I have until 21.3.23 to submit a defence

KeithP

steve9989 said:

Issue date of Claim Form 16.2.23
Acknowledgement of Service filed 27.2.23

I understand that I have until 21.3.23 to submit a defence

Yes you are right with your Defence filing deadline but there might be something useful here.
In particular, note the words 'file a Defence by email'.

With a Claim Issue Date of 16th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 21st March 2023 to file your Defence.

That's just a few days away but plenty of time to produce a Defence.

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'.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.
Everything must be done in your wife's name.

Le_Kirk

@steve9989 did you, using your wife's name, put anything at all in the defence box?  How did you discover the text limit?  As @Not_A_Hope wrote, if you put so much as a full stop in there, that is your defence!

steve9989

Started to fill in the MCOL defence, but have not submitted it. I assume if I delete it without submitting, nothing will be submitted on MCOL and my emailed defence will be the valid one?

Grizebeck

steve9989 said:

Started to fill in the MCOL defence, but have not submitted it. I assume if I delete it without submitting, nothing will be submitted on MCOL and my emailed defence will be the valid one?

that is correct

B789

steve9989 said:

Started to fill in the MCOL defence, but have not submitted it. I assume if I delete it without submitting, nothing will be submitted on MCOL and my emailed defence will be the valid one?

Just to be clear... you are NOT actually composing or pasting your defence into the MCOL web page are you?

As noted in the Newbies/FAQ thread and repeated above by @KeithP and @Le_Kirk you should file your defence as a PDF email attachment. Anything, including a single full stop entered and submitted in that MCOL defence box will be your one and only defence. 

Even if it is allowed, you would have to file an N244 and pay a fee to amend or replace your defence.

steve9989

My wife has now received a judgement in default as the court claims that she did not respond to the claim form. However, she did email her response in good time and received an acknowledgement of receipt of that email from the County Court Business Centre (we have copies of both). I note from the judgement letter that we are able to apply for the judgement in default to be set aside and we intend to do so. Do we now submit the application through MCOL or is there a better way?