UKPC County Court Claim (again)

mrnomoneybags

Hi All, a few years ago you all helped me and I am back again. Slightly different circumstances this time though.

I received the County Court claim form when I returned from working away all week, and its dated 23/3/23 So I have until 6/4/23 to submit my acknowledgement of service with the MCO?

my "ticket" was for parking in front of my own garage at the end of a cul-de-sac, there is an old faded mostly unreadable sign on a lamp post in front of 3 garages that I have to drive past. I can understand why no parking there as it would block people accessing the other garages.

I have checked my lease and this is what is says about parking/the roads.

https://ibb.co/pwWFkqF

https://ibb.co/vmLf1c9

I have scanned the noobies thread and will start giving a more in depth read tonight but on the surface I am unsure what route to go down, treat it like a normal cowboy scumbag ticket or lean towards the fact its where I live?

Any preliminary advice would be great thanks.

B789

Welcome back. First thing... you treat it like a "normal cowboy scumbag ticket". Do you have a picture of the sign?

Which PPC? Which solicitor, if any, is acting for them in the Claim?

I believe that it is advised to wait until 5 days after the "issue date" before filing your AoS but there is no advantage to filing last minute. That would then give an additional 14 days for filing your Defence. @KeithP will be along to confirm your deadlines for AoS and then Defence. 

Fruitcake

Do the AoS on or after day 6 from the claim issue date to give you the maximum time to deal with this.

Use the template defence and amend paragraphs 2 and 3. Show us the draft of just the parts of the template you have amended.

Para 2 should just state that you are the keeper and driver.

Para 3 should state that you have the right to park at the material site in accordance with your lease, and the claimant has no authority to interfere with your right to park or your right to quiet enjoyment. Briefly quote the relevant part of your lease that refers to parking.

Take photos of the site and signage to include at the witness statement stage later in the process. 

KeithP

mrnomoneybags said:

I received the County Court claim form and its dated 23/3/23 So I have until 6/4/23 to submit my acknowledgement of service with the MCO?

No, you are mistaken with 6th April.

With a Claim Issue Date of 23rd March, you have until Tuesday 11th April to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 25th April 2023 to file your Defence.

That's over three 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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

If it's DCBLegal who are behind this claim, you can just do what everyone is doing, and adapt the defence by @Johny86

mrnomoneybags

Hi All, thanks for the feedback every one its very much appreciated!

It is indeed DCB Legal who is behind the claim.

Here is a picture of the signage.

https://ibb.co/tpTNDDg

Thanks again!

Coupon-mad

Hilarious, no legible terms!

Umkomaas

Here is a picture of the signage.

https://ibb.co/tpTNDDg

What of 'the following' are drivers required to comply with - as per that sign (contract) - gold dust if it went to court. But, of course, it won't!

KeithP

mrnomoneybags said:

Here is a picture of the signage.

https://ibb.co/tpTNDDg

What a terrible sign.
It seems to have been 'adjusted' several times by placing 'stickers' on it.
The text and images on those stickers has faded to such an extent that it is unreadable.

The sticker across the bottom of that sign appears to have UKPC's registered office address on it. Saying something like...
"UK Parking Control Ltd, The Apex, 2 Sheriffs Orchard, Coventry"   (I can't make out the postcode).
However, Companies House has their Registered Office as "Union House, 111 New Union Street, Coventry, England, CV1 2NT" .
Companies House confirms that their Registered Office address changed in June 2019 - over three years ago...


That's all in addition to it being a sign that forbids parking by stating "NO UNAUTHORISED PARKING". 
Clearly a sign that forbids parking cannot then go on and describe the conditions that allow a motorist to park there. That is simply ridiculous.

And let us not forget the far from prominent mention of £100.

patient_dream

mrnomoneybags said:

Hi All, thanks for the feedback every one its very much appreciated!

It is indeed DCB Legal who is behind the claim.

Here is a picture of the signage.

https://ibb.co/tpTNDDg

Thanks again!

All UKPC signs are rubbish  but this one, WELL ..... WORST WE HAVE SEEN

Incredible that DCBL don't understandthat UKPC are taking the p*ss out of them ..... timewasting by DCBL yet again which will never go to court because the judge has a big spanking stick awaiting

It's just playtime now with DCBL and you must be patient for their letter of discontinuation
What incompetence 

mrnomoneybags

Hi All, only managed to find the time to look at this today.

I know its meant to be short and punchy but I am honestly struggling what to put.

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

3. The defendant was parked in front of their own garage where no signs are present, the only other sign in the near vicinity is illegible in daylight let alone at night. The claimant has no authority to interfere with my right to park or my right to quiet enjoyment.

Thanks