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help for a simpleton

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Comments

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    @SCOTT1974_2, you really need to go back and re-read and read again the Newbies/FAQ thread. Whilst we know that it is a lot of information to absorb, you cannot just skim-read it and then post questions and assumptions that show us that you haven't digested the information in that thread.

    You already spoke of "registered driving address" which means nothing as there is no such thing. If you mean that you changed your driving licence address "in time" more than a few days after the parking event, it still doesn't matter as your driving licence address has no bearing on this matter either.

    UKPC will have requested the Registered Keepers (RK) address from the DVLA within a few days of the parking event. The RK address is whatever was on your cars V5C logbook. Have you changed that yet? That can also cost you a £1,000 fine if the DVLA see fit to do so. Once UKPC have received the name and address that was on the V5C, they cannot go back and request it again, whether you changed it since or not.

    So, armed with the above bit of information, how do you think that UKPC or DCB Legal obtained your current address? You state in your opening post:
    "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""
    So, missing from your narrative is the bit where you got in touch with UKPC and gave them your current address, not because you updated your DL address. What other information did you give to UKPC? Did you correspond with or phone them?

  • Umkomaas
    Umkomaas Posts: 44,016 Forumite
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    V5C address was amende,yes, thats how the last 2 letters arrived
    If your V5C address change was after the date of the parking event, that will not be how subsequent letters have been sent to your current address. The PPC can only make one enquiry of the DVLA - at the time of the parking event, they can't go back again for any revisions. You will have been found by a trace agency - no big deal, but do make sure that UKPC, DCB Legal and the CCBC are informed in writing of your current address.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 157,489 Forumite
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    As long as the claim went to the right address the rest is by the by, of course.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    As long as the claim went to the right address the rest is by the by, of course.
    Of course... however, attempting to get victims to post coherent and accurate facts is quite obviously a never-ending task that causes some of us much angst and frustration. If they start off with inaccurate or missing data, you can usually bet that they are very likely to also do so with any future correspondence unless their failings are highlighted.
  • 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.
    On paper it does seem odd but I was advised to as...
    No parking nearby
    Very close to her
    I had to get her some bits and pieces
    Its a 2 1/2 hour time allowed (which I've just found!)

  • Additionally, no shop says anything about parking time limits
  • ParkingMad
    ParkingMad Posts: 439 Forumite
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    edited 10 April 2023 at 1:28PM

    SCOTT1974_2 said:
    My assumption was as a customer I had right to park as it states 'no unauthorised parking' 
    Its a 2 1/2 hour time allowed (which I've just found!)
    What are your car's entry and exit times according to UKPC? What is the contravention stated on the PCN? If you were a customer of the retail park and you are allowed 2 hours 30 minutes, but you were parked for 2 hours 32 minutes (is that right?), it seems strange that they have issued a PCN for a 2 minute overstay, which is within the grace period. 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 10 April 2023 at 1:32PM
    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. 
    claim form date says 27th march


    With a Claim Issue Date of 27th March, you have until Monday 17th 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. As @Johnersh said earlier, correct the address that the CCBC hold for you when filing an AoS.
    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 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
    Coupon-mad Posts: 157,489 Forumite
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    edited 10 April 2023 at 9:25PM
    Paragraph 4 can just state that the only visible sign (even in clear daylight) offers 2.5 hours parking and the Defendant was there less time than that, so whatever the alleged breach was, neither the sign not the Particulars of Claim help the court or the Defendant to understand the case.

    Then para 5 to the end copied from Johny86, so you end up with thirty-something paragraphs.

     I was advised to as...
    No parking nearby
    Very close to her
    I had to get her some bits and pieces.
    I wouldn't in future listen to someone telling you to abuse a retail park where an ex-clamper firm operate!  Hmmm... what do you mean no parking nearby? There is always parking within a street or two in almost any city in the evening.  

    NEVER seek out car parks to do errands.  It's what on street parking is for, unless you are telling me this is the City of London?  Which retail park?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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