Driver Left Site - CCJ Issued 01 Mar 2023

DHG123

Good afternoon,

I have been following the advice on the forum and newbies thread for a PCN I chose to completely ignore, dated 26/01/2018. The wrong decision, but anyway they (DCB Legal Ltd) came back with a Letter of Claim earlier this year, and after submitting the SAR with their (UKPC) DPO and familiarising myself with the follow ups, I have received the CCJ. 

I have utilised paragraphs from other arguments here, but unsure if I am double tapping with the site boundary statements. I believe it is likely to be discontinued from my reading, but I do not want to assume. or miss anything as a result.

Please see below my defence paragraphs, any comments welcome;

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle.

3. The Defendant travelled to Filton Retail Park and parked outside of their gym 'DW Fitness' along with 2 passengers, for which at the time all 3 individuals including the Defendant had an active membership. The Defendant attended their gym as normal to their routine, before returning to the vehicle. Upon seeing the PCN attached to their windshield, the Defendant asked DW Fitness to cancel it, however they said they were unable to do so. The Defendant returned home and paid no further attention to the PCN, as it indicated the "Vehicle owner/driver left site.", a statement which the Defendant believes to be incorrect. The Defendant has seen no evidence to suggest that they left the site on this unremarkable day in 2018. 

4. It is unclear what constitutes the site as there is no map defining the boundary and no site description so neither a motorist, nor indeed a parking operative can know if/when someone has left the site. If customers are specifically forbidden to leave the premises for any reason, even when they have purchased goods from the shops and/or own a membership to the gym or other facilities on the site, this needs to be made clear on the signs and should be included in the red ‘headline’ section of the signage. The site being connected by stairs to a Sainsbury's Supermarket and petrol station further confuses the unidentified site boundaries.

5. The Defendant does note that UK Parking Control Limited no longer operate in Filton Retail Park. As such, this claim appears to be a last ditch 'revenge claim' to try to recoup monies and gather CCJs, to generate an income after the Claimant lost the contract. It is not a legitimate reason to pursue a charge out of proportion with any loss or damages the true landowner could pursue.



I acknowledged service through MCOL, so the date for my defence is 3rd April, however I intend to submit sooner. 

Thanks in advance for any help!

Boat_to_Bolivia

I think you mean a County Court Claim, NOT a CCJ!

Coupon-mad

"I have received the CCJ."

You haven't.  A court claim is NOT A CCJ.

What a shame you can't edit your thread title because that will spoil the replies you get for months.

Maybe start a new thread without that acronym anywhere and remove all this stuff:

The Defendant returned home and paid no further attention to the PCN, as it indicated the "Vehicle owner/driver left site.", a statement which the Defendant believes to be incorrect. The Defendant has seen no evidence to suggest that they left the site on this unremarkable day in 2018. 

4. It is unclear what constitutes the site as there is no map defining the boundary and no site description so neither a motorist, nor indeed a parking operative can know if/when someone has left the site. If customers are specifically forbidden to leave the premises for any reason, even when they have purchased goods from the shops and/or own a membership to the gym or other facilities on the site, this needs to be made clear on the signs and should be included in the red ‘headline’ section of the signage. The site being connected by stairs to a Sainsbury's Supermarket and petrol station further confuses the unidentified site boundaries.

...instead make your paragraph 5 para 4.

Then copy paras 5-11 by @Johny86

Then re-number the template defence. Job done.

See you on a new thread with no 'CCJ' word!

KeithP

Hello and welcome.

You have not received a CCJ - a County Court Judgment.

From what you have written, it looks like you have received a County Court Claim.

What is the Issue Date on your County Court Claim Form?

You say you have acknowledged service of the claim.
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

fisherjim

Why say this? Vehicle owner/driver left site.", a statement which the Defendant believes to be incorrect.

It sounds like you are unsure. If the defendant went to the gym and did not leave site that should be the main thrust of the defence and the claimant should submit their proof to the contrary, which they won't.

This is the usual UKPC dodgy scare tactic for their add on scam and I am sure will be discontinued, only one PPC has tried this in the past and was spanked by the judge to the extent no one has tried it again.

As BtB states you have got your CCJ's mixed up with your CCC's.

B789

You don't want to be saying stuff like this:

"The Defendant returned home and paid no further attention to the PCN, as it indicated the "Vehicle owner/driver left site.", a statement which the Defendant believes to be incorrect. The Defendant has seen no evidence to suggest that they left the site on this unremarkable day in 2018."

You will be saying things such as "The Claimant is put to strict proof that the Defendant 'left the site'.". We all know that they don't have any.

Is UKPC  suing you as the driver or the RK?

As this is the farcical duo of UKPC and their organ-grinding, 3rd rate lawyers, perhaps you should also have a read of this thread which will give you a good indication of the likely outcome of this scam:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Coupon-mad

Nonono...

With DCBLegal claims you do not even talk about the allegation because the POC do not state one.  Do not join up the dots for them that aren't there.

That's why I advised the OP to remove all that and be more vague in para 3 by just keeping his/her early part.  Then I set out what paras 4-11 will say...

NEW THREAD PLEASE WITHOUT THE CCJ WORD IN THE TITLE AND JUST SHOWING US WHAT I TOLD THE OP TO PUT...

AND TELL US THIS IN THE NEW THREAD:

What is the Issue Date on your County Court Claim Form?
You say you have acknowledged service of the claim.
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

No replies here please as this title with the word 'CCJ'  will ruin later advice.

DHG123

I cannot find how to delete the thread - apologies for the misunderstanding.

Umkomaas

DUPLICATE THREAD - NOW REPLACED - NO FURTHER POSTS ON THIS ONE PLEASE

B789

DHG123 said:

I cannot find how to delete the thread - apologies for the misunderstanding.

You can't because you don't have editing rights yet.

PLEASE POST ALL REPLIES TO THIS THREAD TO THE NEW ONE HERE:

Driver Left Site - Claim Issued 01 March 2023