Claim Form - DCB Legal - Pregnant Wife

B789

Please show us the PCN, front and back, so that we can read the wording on it. UKPC claim their PCNs are PoFA compliant but I have yet to see one that is fully PoFA compliant. If it is not fully PoFA compliant, then it isn't PoFA compliant no matter how much they want to claim it is.

If it is not PoFA compliant and the driver has not been identified, then you could use para #4 in your defence if you don't admit to being the driver in para #2. Unfortunately, most victims of this scam have already blabbed about being the driver, directly or inadvertently, before they get to this forum.

Fruitcake

I suggest you refer to the Jopson v Homeguard case where the judge said that attending to a vicissitude of some short duration is not parking.
Perhaps attending to an ill (irrespective of whether they were physically or mentally distressed) pregnant woman might fall under, attending to a vicissitude of some short duration. Only you can know this, and there is no need to tell us personal details about someone else.

The case number was B9GF0A9E and the transcript is available online. Quote the judge's exact words from around paras 19 - 20. Also state that this was an appeal case and is therefore persuasive on the lower courts.

Also check grace and consideration periods in the BPA CoP since these should be added to the permitted parking time before a PCN is issued.

That's an unusual sign. UKPC signs are normally blue and black on white. Please confirm you have told us the correct name of the PPC.
Either way, I can't see where the charge for breaching the Ts and Cs has been clearly been brought to the attention of the motorist.
I would suggest therefore that no contract can have been formed.

Where did the alleged event occur? It may have cropped up here before.

What happened when you complained to the landowner/McD's manager/CEO and your MP? That is always Plan A and it is never too late to do it.

daviwantime

@KeithP thank you for clearing that up, @B789 I think I will remove that section because I was the driver.

@Fruitcake the grace period and short duration was long gone as it was an extra 91 minutes on top of the allotted time. The PPC is definitely UKPC, looking at Google Maps they changed their signs from blue, white and black to red, white and black in 09/10. The event occurred at McDonald's Liverpool Albert Dock, I tried contacting their manager but they just advised me to pay for the ticket as there is nothing they could do. I didn't get in touch with the local MP, something I could still do/be worth doing?

B789

daviwantime said:

I didn't get in touch with the local MP, something I could still do/be worth doing?

You should get in touch with your MP and ask them to write to UKPC on your behalf explaining the unfairness of the PCN.

https://members.parliament.uk/FindYourMP

daviwantime

@B789 I will do that today, is there any further feedback on my defence or should that be good to go?

B789

daviwantime said:

@B789 I will do that today, is there any further feedback on my defence or should that be good to go?

As @KeithP pointed out, you have admitted to being the driver in para #1 so pare #4 does not apply. Remove para #4 and renumber every other para below sequentially.

Have you added anything about Jopson v Homeguard as advised by @Fruitcake so that your defence includes as much as possible that will help your case? There was also mention of the Grace period and reference to the BPA CoP. Have you included that?

Apart from all the above and as long as you include all the other 30 or more paras from the template defence you were pointed to and you have properly proofread it all, it should be good to go. Maybe you want to amend with the advice given here though and show us what you've amended first.

daviwantime

@B789 Ye the Jopson v Homeguard reference and grace period I don't think are an option because of being there for an extra 91 minutes than permitted.

Thanks for the help!

daviwantime

Today I received a letter from DCB legal, a month to the day since submitting my defense. They have informed me that their client intends to proceed with the claim and have sent a copy of the Directions Questionnaire. They also added that their client may be prepared to settle and to call a number within 7 days.

Coupon-mad

Yep, that's the exact letter seen in all DCBLegal threads and a letter like that is listed in the first 12 steps in the Template Defence thread, too.

daviwantime

@Coupon-mad Sorry if that came across as a 'now what',just updating the thread for anyone following or use for anyone else in the future