UKPC / DCB Legal County Court Claim - Lack of signage

brain_fog

So I have received a Claim from UK Parking Control LTD for parking last May, being represented by DCB Legal. (Interestingly this first went to ZZPS/QDR solicitors, but they never issued a Claim or started proceedings).

I dispute the charge on the grounds of inadequate signage. I would appreciate any guidance on how to proceed with this, and advice on my defence.

Let me know if you need any more information.

This is the signage at the parking event, with my movements on the map in green.


VS this is what they sent me, at the time of installation.

Draft Defence:

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

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 acknowledges that they parked their vehicle at the car park in question on the date and time specified in the Particulars of Claim in order to attend university. It is averred that the Defendant's usual parking location was at capacity, necessitating the search for an alternative parking space. Upon entering the car park, the Defendant observed no indication that the area was a regulated private car park. The defendant observed that there was no signage on the side that the defendant parked in. It later turned out that a lorry was parked obscuring the only possibly visible signage.  Furthermore, the Defendant asserts that the overall maintenance and visibility of the signage within the car park were subpar, with numerous signs either damaged or missing entirely. Consequently, the Defendant did not have reasonable opportunity to review the car park's terms and conditions before parking their vehicle, and thus was unable to knowingly agree to any contractual obligations. Upon returning to the vehicle, the Defendant discovered the Penalty Charge Notice (PCN) affixed to their windscreen.

[rest of template defence...]

Particulars of Claim:

1. The defendant (D) is indebted to the Claimant (C) for Parking Charge issues to vehicle [Vehicle Registration] at [Location].
2. The PCN details are [date] [pcn number].
3. The PCN was issued on private land owner or managed by C. The vehicle was parked in breach of Terms and Condition Signs (the Contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of PCN and damages. 2. interest at daily rate £0.02 3. Costs and court fees

KeithP

Hello and welcome.
What is the Issue Date on your County Court Claim Form?

Do you understand the the keeper has more protection in law than an admitted driver?
Does UKPC already know who was driving?
If not, why are you offering up the driver's details?

Umkomaas

For a UKPC/DCB Legal claim, use the defence produced by @Johny86, adjusting the initial paragraphs to reflect your parking event. (Clicking on the user name takes you to his profile page, click on 'Discussions' then scroll down the page to find the appropriate thread). 

The NEWBIES FAQ Announcement, second post, covers the small claims court process in its entirety, and that post along with the Template Defence Announcement will provide you with the steps you need to follow. 

Please provide us with the Date of Issue shown on the claim form.  Have you submitted your Acknowledgement of Service (AOS) and if so, on what date? Forum regular @KeithP will be along later to confirm some key dates for you. 

I thought I'd also draw your attention to this fairly recent thread which you might have not yet seen. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

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

fisherjim

Interestingly this first went to ZZPS/QDR solicitors, but they never issued a Claim or started proceedings

This is because they are debt collectors and cannot issue procedings.

The aerial shot issued by UKPC is their typical BS, they always issue their historical or office copy plans and signage to bamboozle POPLA and if it rarely comes to it judges.

You really need dated photos of the signage on the ground, and your obviously later aerial shot needs dating or it will most likely be rubbished, rember UKPC are past masters of falsifying evidence which is a well published fact.

You should also remove the phrase "the Defendant discovered the Penalty Charge Notice" it is a Parking Charge notice or invoice, UKPC are just chancers not an authority they cannon issue "penalties".

B789

You may also want to edit this bit:

"It is submitted that any signage intended to communicate the car park's terms and conditions was inadequately displayed, as it was obscured by a lorry at the time of the Defendant's arrival."

It would suggest that you knew that there was a sign that was obscured by a lorry.

Maybe if you'd gone back to check the signs once you knew you had a PCN or claim and then noticed that there was a sign that had been obscured at the time by a parked lorry...

brain_fog

Just to confirm, the PCN was issued by an attendant on the windscreen.
The AOS has been sent, with the 28 days deadline just over 2 weeks away.

I have photos of the signage of the day, clearly showing no entrance sign, which was submitted at the appeal stage. It also shows a van obscuring the sign (not the same as the large Tesco's lorry upon arrival). I also have photos of the post signs missing on the day, as well as recently. Interestingly they have added new entrance signage.

brain_fog

I'd also like to mention I missed the POPLA appeals deadline by 1 day (!!!!!!). Does anyone think there is any chance of getting an appeal heard there instead of going to court?

KeithP

brain_fog said:

I'd also like to mention I missed the POPLA appeals deadline by 1 day (!!!!!!). Does anyone think there is any chance of getting an appeal heard there instead of going to court?

Not a chance.

Are you planning on answering any of my four earlier questions?

patient_dream

Are UKPC that stupid to provide aerial pictures that could easliy be doctored using Photo shop

What those pictures DON'T DO is prove what the signs say ? 

The entrance sign is the most important. AND SIGNS inside, if you want to read them,take binoculars with you and a step ladder
Take pictures

So is the rubbish of UKPC  AND anyone who cares to be sucked in, so called legal firms included

fisherjim

brain_fog said:

I'd also like to mention I missed the POPLA appeals deadline by 1 day (!!!!!!). Does anyone think there is any chance of getting an appeal heard there instead of going to court?

You probably didn't you should have done it anyway.

brain_fog

KeithP said:

Hello and welcome.
What is the Issue Date on your County Court Claim Form?

Do you understand the the keeper has more protection in law than an admitted driver?
Does UKPC already know who was driving?
If not, why are you offering up the driver's details?

Apologies, have been busy today.
Issue date is 20th March, AOS sent in time online, defensive is due soon. 
I believe I have admitted to being the driver both by receiving the ticket in person and by appealing and mentioning in the appeal that I parked there. 

Have read a few things on here, including about this DCB Legal pattern of submitting claims and dropping them.