Multiple UKPC charges for tenant living in Private Rd

nadsterstar

Hi, I'm looking for some advice.

I'm at the preparing my defence stage. My situation is this:

I am a tenant living in a private road which has some unallocated parking spaces (1 for each flat). I have a parking permit (which was given to me by the landlord, displayed in the windscreen) but regularly find that all the spaces are full. I can't park on the public streets around me, they are all metered. When there are no spaces available, I park along-side the pavement on the private road, which is not obstructing anyone. There are 2 UKPC signs but they are very high up, with tiny ineligible writing.  

I did appeal the first ticket I received for this, and it was rejected by UKPC, so I paid up. I then received another one and after reading these forums, decided to ignore all the letters and wait for the claim form.

A claim form arrived while I was away and I missed the deadline, so CCJ was issued - I panicked and paid DCB legal £286.

Another claim form has arrived for 6 tickets totaling £1252 including court fees - I have submitted AOS (but didn't wait 5 days!) This particular string of fines was when I had to head off to the airport and couldn't get a space. I waited for as long as I could and eventually had to leave. I asked a friend to move the vehicle the following day, again, no spaces available.

I am receiving other letters, so assume more cases to follow.

My Lease doesn't state anything specific about parking - it's pretty generic:

13 Car parking and Storage
31.1 To park private vehicle(s) only at the property. If the Tenant is allocated a car parking space, the Tenant will only park in the space allocated to the property.

13.2 Not to park at the Property or in any communal car park or parking space without prior consent of the landlord or the agent which will not be unreasonably withheld but which may be withdrawn upon giving reasonable notice.

13.3 It is the Tenant's responsibility to verify whether they are eligible for any residents' parking scheme operated by the relevant local authority. The granting of this tenancy does not imply a right to obtain a resident's permit.

I also have a 'Use of communal grounds' sheet provided by the private estate management company, and given to me by my landlord. this only mentions one point about parking:

The RULES
For the conservation of the estates gardens and avoidance of undue disturbance, the following activities are not permitted.

9. Parking more than one private motor vehicle on the estate

I realise that I haven't complained to the management company about the lack of spaces, and that perhaps other people are breaking the rules, meaning that spaces are not available to people that have permits. I have not made any contact with UKPC etc since receiving the letters.

I was planning to use the standard defence template Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum

So my ask for help! Any advice for how I should frame my 2nd paragraph? Should I mention that was going away for the time and tried to get the vehicle moved etc. Or should I just focus on the poor signage?

Thanks very much
Nadsterstar

Coupon-mad

As they filed an earlier claim, you can take the point that this claim should have been brought in the first litigation.

To find the wording to add to the Template Defence, extra wording already written in several defences over recent months/years, search the forum for cause of action estoppel Henderson

What's the date of issue of the claim?

What date does MCOL say your AOS was lodged?

KeithP

What is the Issue Date on your latest County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

nadsterstar

Hi, the issue date is 2nd May 2023. I filed the AOS on 5th May.

KeithP

nadsterstar said:

Hi, the issue date is 2nd May 2023. I filed the AOS on 5th May.

Sorry to be pedantic, but did you file an Acknowledgment of Service before 4pm on Friday 5th May or was it later in the day? As I said earlier, your MCOL Claim History will have the definitive answer on when the AoS was filed which may be different to when you submitted it.

This will make a difference when determining your Defence filing deadline.

nadsterstar

On the MCOL site under 'claim history' it says: 

A claim was issued against you on 02/05/2023

Your acknowledgment of service was submitted on 05/05/2023 at 16:09:16

It then says under the 'Claim Summary':

Issue Date

02/05/2023

KeithP

nadsterstar said:

Your acknowledgment of service was submitted on 05/05/2023 at 16:09:16

It then says under the 'Claim Summary':

Issue Date

02/05/2023

OK, then as the time stated is after 4pm, I expect the next line on your Claim History will be something like...
Your acknowledgment of service was received on 09/05/2023 at hh:mm:ss
...but that might not appear until later this week.

I will work on that basis for now.

With a Claim Issue Date of 2nd May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th June 2023 to file your Defence.

That's four 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 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'.

nadsterstar

I have sent an SAR email to UKPC. I'm a bit confused about the email I should write to DCB legal (this bit in the Newbies forum)

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR

Since I have filed the MCOL already, can they put the case 'on hold'? Or shall I just inform them that I have sent the client the SAR?

Grizebeck

nadsterstar said:

I have sent an SAR email to UKPC. I'm a bit confused about the email I should write to DCB legal (this bit in the Newbies forum)

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR

Since I have filed the MCOL already, can they put the case 'on hold'? Or shall I just inform them that I have sent the client the SAR?

To late to put it on hold

Coupon-mad

Not sure why the priority was to send a SAR which is not the advice when you have a DCBLegal claim.  This was not what KeithP directed you to do next.

Looks like you are reading the wrong section of the NEWBIES thread.

You are not at LBC stage.

nadsterstar

KeithP said:

nadsterstar said:

Your acknowledgment of service was submitted on 05/05/2023 at 16:09:16

It then says under the 'Claim Summary':

Issue Date

02/05/2023

OK, then as the time stated is after 4pm, I expect the next line on your Claim History will be something like...
Your acknowledgment of service was received on 09/05/2023 at hh:mm:ss
...but that might not appear until later this week.

I will work on that basis for now.

With a Claim Issue Date of 2nd May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th June 2023 to file your Defence.

That's four 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 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'.

MCOL has been updated now, you were correct: Your acknowledgment of service was received on 09/05/2023 at 01:05:52