CCBC Claim Form UKBC DCB Legal - Parking outside of Marked Bay

Greenhoff

Hi all, I am after some assistance on behalf of my mother in law who has received a Claim Form from CCBC for a PCN issued on 19/08/2020.

I have read several of the posts here and the Newbies thread but just want to make sure she has a case to defend. Her daughter (my sister in law) passed away last week and this on top is causing her added distress. Rightly or wrongly she has ignored all previous correspondence for UKPC and their debt collectors but her daughter had been battling with cancer for some time.

I have completed the AoS via MCOL but now need to file a defence (if we have one) and I have downloaded the template defence form but understand that this shouldn't be issued via MCOL?

The lines of the bays are not particularly clear and are marked by a series of grey tiles and the signs stating the conditions of parking within the bays is relatively small from my recollection as I also use this car park at a Retail Park - she was visiting Boots for a prescription for her daughter and the car park as she recalls was not particularly busy, which would make sense as this would have been in the midst of the initial Covid lockdown.

I am surprised that they have taken this as far as this but my mother in law is in no state to attend a court hearing. Any help would be greatly appreciated.





 

B789

Welcome. You are dealing with the bottom-dwelling duo of UKPC and DCB Legal. You should use the template by John86, an example of it is shown here:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

This will be easy to defeat and by using the robust defence template you can see the expected discontinuation by having a read of this thread:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

You should now refer back to the Newbies/FAQ thread, second post, which explains the next steps after filing your AoS. The Defence will be emailed as an attachment.

You must keep referring back to the Newbies/FAQ thread every time you have a question about the process. Also have a read of the Template defence thread, also near the top of the forum. That has a 12 point checklist that you should make a note of and refer to at each stage of the process. A copy of it is shown here:

https://www.dropbox.com/s/lexezsjdz7rypct/CC_Checklist.pdf?dl=0

Greenhoff

Thanks B789, that is the template I have already downloaded, can't pretend to understand all of it but I guess I don't need to.
Looks like I am on the right track!

1505grandad

What is the issue date of the claim form and the date AoS filed?

Greenhoff

https://forums.moneysavingexpert.com/discussion/comment/80026578#Comment_80026578

Claim Issue Date is 20/04/23 AoS was filed yesterday 01/05/23

KeithP

https://forums.moneysavingexpert.com/discussion/comment/80027705#Comment_80027705

With a Claim Issue Date of 20th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 23rd May 2023 to file your Defence.

That's 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 at the second post in the NEWBIES thread.

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'.

fisherjim

If a "marked bay" is defined by little black blocks they need to spell out just that, every UKPC sign I have seen shows an image of a car parked between two white lines:

Greenhoff

OK so I am just putting the defence together and have written the below, is there anything else I need to add or indeed am I saying too much and is Para 4 from the template relevant in this case?

1.      The Defendant was visiting the Warwickshire Shopping Park to pick up a prescription from Boots for their Daughter. There are signs at the entrance to the car park that state a 4 Hour Maximum Stay and in smaller writing, refer to conditions on other signs within the carpark. These other notices are sparse and posted above head height with very small writing making them extremely difficult to identify and read. The parking bays themselves are not clearly identified and are apparently marked by darker coloured blocks within the block paving. These are particularly difficult to differentiate during wet and overcast conditions as was the case on the day in question.

Greenhoff

Just for info this is google maps pic of the marked bays!

Coupon-mad

I think I'd add that there are no white bay lines at all so any breach is denied.

Then split your paragraph into two because you are right, para 4 of Johny86's defence (about the POFA)  is not valid where you have stated (of course because this is what the Template Defence thread tells you to do) in para 2 that you were the keeper and driver.

Same advice as here:
https://forums.moneysavingexpert.com/discussion/comment/80036257#Comment_80036257

Make sure you know the first 12 steps.  Please no asking us in June about the first fully expected letter after defence because we can't spend time on the more basic stages, we are needed for defences!

Greenhoff

Make sure you know the first 12 steps.  Please no asking us in June about the first fully expected letter after defence because we can't spend time on the more basic stages, we are needed for defences!

Yep, got the 12 steps so will be referring to these along the way. Appreciate all the info on this board so should be good from here - will let you know how this ends up!