help for a simpleton

SCOTT1974_2

hi all, I'll aim to solve the problem by trawling through the stickys but aim in hope someone can give me simple ABC type instructions

1.I parked at Highbridge retail park, Waltham Abbey on 22/7/21 at 6.31pm and stayed for 2 hours 32 minutes as I was seeing to friend that had covid. I DO NOT RECALL SEEING ANY SIGNS SAYING IT WAS 30 MINUTES ONLY

2.My registered driving address was in Harlow, my new address was in Ongar. I hadnt thought to change it as there was a pandemic and my mind was elsewhere

3. Letters from UK PARKING CONTROL LTD were sent to my Harlow address (they claim although I did not recieve them)

4. In time I changed my DL to a posting address, my parents, as I bought a boat to live on. No request from UPC arrived until early March where I raised a Resolver complaint on the 10th

5. on the 27th they replied "Please be advised that the case is no longer with UKPC. We therefore would advise that you contact DCB Legal"

6. Within a few days I received a COUNTY COURT BUSINESS CENTRE demand for £278.32 (£193.32 amount claimed,£35 court fee,£50 legal reps cost)

what shall I do?

Umkomaas

Date of Issue shown on the county court claim form, please?

Have you submitted your Acknowledgement of Service (AOS) and if so, on what date? 

Please read the NEWBIES FAQ Announcement, second post, which tells you how to deal with a court claim.

Please read the following thread telling you the likely outcome of this claim via DCB Legal - provided you follow the court process religiously. 

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

SCOTT1974_2

no, no AOS filed. shall i do that now?

Fruitcake

SCOTT1974_2 said:

no, no AOS filed. shall i do that now?

That depends on the issue date on the claim form, which is why you were asked to provide it. In addition the guide to court in the second post of the NEWBIES you were asked to read also explains this.
Once you have completed the AoS then you should use the Template Defence sticky Announcement including the twelve step guide.

Post your draft defence here for checking before you submit it by email. Please only show us the parts of the template that you have amended which will normally be paragraphs 2 and 3.

You should also send send an SAR to UKPC. Plan A however is always a complaint to the landowner and your MP, and it is never too late to do so. UKPC signs are always inadequate and fail to meet the requirements of the BPA CoP, so that should feature heavily in your complaints and your defence.

Get photos of the site and signage. See if there are any useful images on Google Streetview as well.

Have you now amended your V5C address with the DVLA? Failing to do so could result in a real penalty of £1000.

Johnersh

If the date on the claim form is not your correct address, do make sure the correct one is given when you acknowledge. 

SCOTT1974_2

Fruitcake said:

SCOTT1974_2 said:

no, no AOS filed. shall i do that now?

That depends on the issue date on the claim form, which is why you were asked to provide it. In addition the guide to court in the second post of the NEWBIES you were asked to read also explains this.
Once you have completed the AoS then you should use the Template Defence sticky Announcement including the twelve step guide.

Post your draft defence here for checking before you submit it by email. Please only show us the parts of the template that you have amended which will normally be paragraphs 2 and 3.

You should also send send an SAR to UKPC. Plan A however is always a complaint to the landowner and your MP, and it is never too late to do so. UKPC signs are always inadequate and fail to meet the requirements of the BPA CoP, so that should feature heavily in your complaints and your defence.

Get photos of the site and signage. See if there are any useful images on Google Streetview as well.

Have you now amended your V5C address with the DVLA? Failing to do so could result in a real penalty of £1000.

V5C address was amende,yes, thats how the last 2 letters arrived

 

The facts as known to the Defendant: 

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

 

 
 

3.  

The defendant parked at Highbridge retail park, Waltham Abbey on 22/7/21 at 6.31pm and stayed for 2 hours 32 minutes to see to friend that had covid and provide provisions bought from Highbridge retail park. NO RECALL SEEING ANY SIGNS SAYING IT WAS 30 MINUTES ONLY 
 
The defendants registered driving address was in Harlow, however due to covid/no work/leaving the Harlow flat the new address was in Ongar. This was a temporary arrangement and changing a Driving Licence to change again was not in the forefront of the defendants mind due to the pandemic. 
 

Letters from UK PARKING CONTROL LTD were claimed to be sent to the defendants address in Harlow address but were never received 
 
The defendant changed the DL to a posting address, his parents, as the defendant had bought a boat to live on. No request from UPC arrived until early March where the defendant raised a Resolver complaint on the 10th 
 
On the 27th they replied "Please be advised that the case is no longer with UKPC. We therefore would advise that you contact DCB Legal" 
 
Within a few days a COUNTY COURT BUSINESS CENTRE demand for £278.32 (£193.32 amount claimed,£35 court fee,£50 legal reps cost)

SCOTT1974_2

Umkomaas said:

Date of Issue shown on the county court claim form, please?

Have you submitted your Acknowledgement of Service (AOS) and if so, on what date? 

Please read the NEWBIES FAQ Announcement, second post, which tells you how to deal with a court claim.

Please read the following thread telling you the likely outcome of this claim via DCB Legal - provided you follow the court process religiously. 

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

claim form date says 27th march

Fruitcake

If you haven't already done the AoS then you need to do it asap. Make sure you get an auto response. If you don't, then send it again tomorrow (Tuesday) during CCBC working hours.

Fruitcake

SCOTT1974_2 said:

Fruitcake said:

SCOTT1974_2 said:

no, no AOS filed. shall i do that now?

That depends on the issue date on the claim form, which is why you were asked to provide it. In addition the guide to court in the second post of the NEWBIES you were asked to read also explains this.
Once you have completed the AoS then you should use the Template Defence sticky Announcement including the twelve step guide.

Post your draft defence here for checking before you submit it by email. Please only show us the parts of the template that you have amended which will normally be paragraphs 2 and 3.

You should also send send an SAR to UKPC. Plan A however is always a complaint to the landowner and your MP, and it is never too late to do so. UKPC signs are always inadequate and fail to meet the requirements of the BPA CoP, so that should feature heavily in your complaints and your defence.

Get photos of the site and signage. See if there are any useful images on Google Streetview as well.

Have you now amended your V5C address with the DVLA? Failing to do so could result in a real penalty of £1000.

V5C address was amende,yes, thats how the last 2 letters arrived

 

The facts as known to the Defendant: 

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

 

 
 

3.  

The defendant parked at Highbridge retail park, Waltham Abbey on 22/7/21 at 6.31pm and stayed for 2 hours 32 minutes to see to friend that had covid and provide provisions bought from Highbridge retail park. NO RECALL SEEING ANY SIGNS SAYING IT WAS 30 MINUTES ONLY 
 
The defendants registered driving address was in Harlow, however due to covid/no work/leaving the Harlow flat the new address was in Ongar. This was a temporary arrangement and changing a Driving Licence to change again was not in the forefront of the defendants mind due to the pandemic. 
 

Letters from UK PARKING CONTROL LTD were claimed to be sent to the defendants address in Harlow address but were never received 
 
The defendant changed the DL to a posting address, his parents, as the defendant had bought a boat to live on. No request from UPC arrived until early March where the defendant raised a Resolver complaint on the 10th 
 
On the 27th they replied "Please be advised that the case is no longer with UKPC. We therefore would advise that you contact DCB Legal" 
 
Within a few days a COUNTY COURT BUSINESS CENTRE demand for £278.32 (£193.32 amount claimed,£35 court fee,£50 legal reps cost)

I suggest you delete para 3 and start again. Much of it is irrelevant, for example, mention of visiting a friend or mention of your driving licence are irrelevant.
There is no such thing as a registered driving address.

Again, I suggest that inadequate signage forms a significant part of your defence, and that the PCN/NTK were not properly served.

Either there were no signs, or perhaps they were inadequately placed such they were not visible nor obvious and therefore incapable of forming a contract.
As I said earlier, UKPC signs are always inadequate and fail to meet the requirements of the BPA CoP, so you need to include that.
You need to find an image of a UKPC sign to see what I mean. Try to find the amount of the charge that will be incurred if a driver breaches the Ts and Cs.

Have you looked at GSV yet to see if there are any images that might help? If there are then you can use that information in your defence.

SCOTT1974_2

Fruitcake said:

SCOTT1974_2 said:

Fruitcake said:

SCOTT1974_2 said:

no, no AOS filed. shall i do that now?

That depends on the issue date on the claim form, which is why you were asked to provide it. In addition the guide to court in the second post of the NEWBIES you were asked to read also explains this.
Once you have completed the AoS then you should use the Template Defence sticky Announcement including the twelve step guide.

Post your draft defence here for checking before you submit it by email. Please only show us the parts of the template that you have amended which will normally be paragraphs 2 and 3.

You should also send send an SAR to UKPC. Plan A however is always a complaint to the landowner and your MP, and it is never too late to do so. UKPC signs are always inadequate and fail to meet the requirements of the BPA CoP, so that should feature heavily in your complaints and your defence.

Get photos of the site and signage. See if there are any useful images on Google Streetview as well.

Have you now amended your V5C address with the DVLA? Failing to do so could result in a real penalty of £1000.

V5C address was amende,yes, thats how the last 2 letters arrived

 

The facts as known to the Defendant: 

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

 

 
 

3.  

The defendant parked at Highbridge retail park, Waltham Abbey on 22/7/21 at 6.31pm and stayed for 2 hours 32 minutes to see to friend that had covid and provide provisions bought from Highbridge retail park. NO RECALL SEEING ANY SIGNS SAYING IT WAS 30 MINUTES ONLY 
 
The defendants registered driving address was in Harlow, however due to covid/no work/leaving the Harlow flat the new address was in Ongar. This was a temporary arrangement and changing a Driving Licence to change again was not in the forefront of the defendants mind due to the pandemic. 
 

Letters from UK PARKING CONTROL LTD were claimed to be sent to the defendants address in Harlow address but were never received 
 
The defendant changed the DL to a posting address, his parents, as the defendant had bought a boat to live on. No request from UPC arrived until early March where the defendant raised a Resolver complaint on the 10th 
 
On the 27th they replied "Please be advised that the case is no longer with UKPC. We therefore would advise that you contact DCB Legal" 
 
Within a few days a COUNTY COURT BUSINESS CENTRE demand for £278.32 (£193.32 amount claimed,£35 court fee,£50 legal reps cost)

I suggest you delete para 3 and start again. Much of it is irrelevant, for example, mention of visiting a friend or mention of your driving licence are irrelevant.
There is no such thing as a registered driving address.

Again, I suggest that inadequate signage forms a significant part of your defence, and that the PCN/NTK were not properly served.

Either there were no signs, or perhaps they were inadequately placed such they were not visible nor obvious and therefore incapable of forming a contract.
As I said earlier, UKPC signs are always inadequate and fail to meet the requirements of the BPA CoP, so you need to include that.
You need to find an image of a UKPC sign to see what I mean. Try to find the amount of the charge that will be incurred if a driver breaches the Ts and Cs.

Have you looked at GSV yet to see if there are any images that might help? If there are then you can use that information in your defence.

OK, Will edit it down.
ive looked on google maps and there are signs up. My assumption was as a customer I had right to park as it states 'no unauthorised parking' and cant see any time limits on it. I intend to go and look and take photos


thanks for your help. I'm sure its frustrating for you to deal with this crap over and over

Coupon-mad

Why would a driver think it's OK to park their car at a retail park to visit a friend?  Rhetorical question but don't use retail parks like that!  Park on street.

That time of the evening, most restrictions would be already ended, even many permit bays on street might have been out of controlled hours and any pay& display street would likely only have required an hour's payment until being free overnight.

Don't seek out a car park to park a car, especially not in the evening.  You are always in danger of a private ex-clamper the minute you leave the street.

Just adapt the defence by @Johny86 with its extra paragraphs 5-11 included.  Make paragraph 3 and 4 your facts (DO NOT COPY JOHNY'S PARA 3 or 4) ...but don't admit to going off site.