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UKPC county court claim

Hi there - I'd be very grateful if people could advise me as I navigate responding to a claim from UK Parking Control Ltd. It's regarding a 'PCN' from August 2021 - I ignored it and all of the false debt collection letters which followed. The initial PCN was £100, which then increased to £170 and now stands at £276 inclusive of interest, and fees etc. I received a CC Claim Form with an issue date of 27 March 2023 - making the service date 1 April I think. I did the AoS through MCOL on 3 April, which I think means I need to file my defence by 29 April? 

I have read the Newbies thread and used the template defence for where false admin charges are added, including adding in some case-specific paragraphs at paragraphs 2-5 below - I note your ask on other threads not to post the whole standard text. I would be grateful for advice on if this covers the right issues sufficiently.  I have done this before, so have tried to use some text from last time, but I note from the more recent defences that templates have changed quite a bit since I last did this.  

Many thanks

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.

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle on the material date in question.  The Claim relates to an alleged debt and damages arising from the driver’s alleged breach of contract, when parking on the material date at [INSERT ADDRESS].

3.       On the material date in question, the Defendant parked at the site with the intention of purchasing food at the restaurant, only to find that it was not yet open.  The Defendant subsequently decided to visit another restaurant immediately opposite the site, before returning to their vehicle and leaving.

4.       The Defendant denies that the Claimant’s signage sets out any terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.  The terms on the Claimant’s signage are displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily.  The signage is non-prominent and completely inadequate.  

5.       The Defendant has the reasonable belief that the Claimant has not incurred an additional £70 (plus interest) in damages or costs to pursue an alleged £100 debt for the reasons dealt with in this defence.

6.       The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for using, in part, pre-written wording suggested by a reliable online help resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 


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Comments

  • KeithP
    KeithP Posts: 37,092
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    Cwor said:
    I received a CC Claim Form with an issue date of 27 March 2023 - making the service date 1 April I think. I did the AoS through MCOL on 3 April, which I think means I need to file my defence by 29 April?
    Hello and welcome.

    You are almost right with your Defence filing deadline, but it will never be due on a weekend or bank holiday.

    With a Claim Issue Date of 27th March, and 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 nearly three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.
    To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.
    Don't miss the deadline 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'.
  • B789
    B789 Posts: 3,441
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    Cwor said:
    I have read the Newbies thread and used the template defence for where false admin charges are added, including adding in some case-specific paragraphs at paragraphs 2-5 below - I note your ask on other threads not to post the whole standard text. I would be grateful for advice on if this covers the right issues sufficiently.  I have done this before, so have tried to use some text from last time, but I note from the more recent defences that templates have changed quite a bit since I last did this.  
    Thank you for having taken the time to read and understand the process as described in the Newbies/FAQ thread.

    One point that you may clarify if I'm wrong, but if this is an old UKPC case and has been filed on their behalf by DCB Legal, you will note that the PoC of the claim is very sparse and nondescript. In which case, you advised to include the additional defence points as used in the exemplar defence by @Johny86.

    What you will need is your own paragraphs as you have posted above plus the extra 7 paragraphs relating to the incoherent PoCs and the rest of the paragraphs from the Template defence stickied near the top of the forum home page. Please remember to renumber every paragraph sequentially.

    Here is an example of the defence as a pdf here:

    https://www.dropbox.com/s/66hosld75llha3j/2023_defence.pdf?dl=0
  • Umkomaas
    Umkomaas Posts: 41,140
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    As this is a UKPC/DCB Legal claim, you need to be aware of the following thread. Keep proceeding with the required court process and you should find your case mentioned in dispatches there in a few weeks time. 
    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: 129,322
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    Remove 3 and 5.  They do not assist.

    Add in paras 5 - 11 from Johny86's defence.  Add the rest of the Template defence after that.

    Job done.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Cwor
    Cwor Posts: 5
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    Thanks all - I have done all of this and will submit my defence.  Will keep you updated.  I have noted @Umkomaas shared thread on UKPC/DCB claims. 


  • Cwor
    Cwor Posts: 5
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    Hi - thanks for your help so far. I’ve had a court date through and continuous settlements offers. I have confirmed I have no intention of settling - can I just check that this was the right move and doesn’t impact me more than, for example, just ignoring it. Thanks 
  • Coupon-mad
    Coupon-mad Posts: 129,322
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    edited 14 December 2023 at 4:39PM
    Cwor said:
    Hi - thanks for your help so far. I’ve had a court date through and continuous settlements offers. I have confirmed I have no intention of settling - can I just check that this was the right move and doesn’t impact me more than, for example, just ignoring it. Thanks 
    Well, you aren't at an 'ignore' stage now you have that hearing Order, because you are at WS and evidence stage now, as you know from the 2nd post of the NEWBIES thread.

    The NEWBIES thread clearly tells you that 'DEFENCE IS NOT YOUR ONLY JOB' and I have constantly updated the WS bundle examples thus year to keep them current.

    A vital stage. The court letters (second page) give your WS deadline; when is that?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • JerryJ64
    JerryJ64 Posts: 114
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    Cwor said:
    Hi - thanks for your help so far. I’ve had a court date through and continuous settlements offers. I have confirmed I have no intention of settling - can I just check that this was the right move and doesn’t impact me more than, for example, just ignoring it. Thanks 
    Ignoring an offer to settle is not a problem. However, as mentioned above, ignoring the fact that you need to prepare a WS is a big problem. Whilst it is highly likely that you will not need it as their solicitor is likely to discontinue before the hearing, you must serve your WS by the deadline if they have not discontinued yet.
  • Cwor
    Cwor Posts: 5
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    Thank you - yes I have read all the relevant threads and know what to do re witness statements and the rest of it. My hearing date is 8 February and need to send my papers no later than 14 days before this. I will prepare and share on here! Thank you 
  • Coupon-mad
    Coupon-mad Posts: 129,322
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    edited 16 December 2023 at 3:53AM
    Cwor said:
    Thank you - yes I have read all the relevant threads and know what to do re witness statements and the rest of it. My hearing date is 8 February and need to send my papers no later than 14 days before this. I will prepare and share on here! Thank you 
    Good.

    One more thing - this weekend - pleeease!

    https://forums.moneysavingexpert.com/discussion/6491318/parking-fine-help-with-defence-needed-please#latest

    Any questions please ask.

    It's vital that this Committee hears loud & clear that the problem is parking claims and bulk litigators dominating the small claims track.

    If anything, this inquiry is even more important than the DLUHC's parking debt recovery fees 'Call for Evidence' in the Summer (that it seems you were not here for and missed).

    Don't miss giving a response to this one!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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