Is my defence against a parking fine suitable of submission?

GailB1977

Thank you to all the people who have posted advice on challenging parking tickets. I have not received any notices about a ticket until the court claim form arrived so have denied the claim. I have used one of the defence templates on the forum and am hoping someone can check the wording I have used before I submit please. I have only pasted the relevant section as everything else is taken from the template.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle.

3. The defendant has no recollection of receiving any letters or documentation regarding the parking charge until receipt of claim form. In addition, the claim form states date of parking as 31 months a go.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  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 unfounded accusations of not understanding their defence. 

5. With regard to template statements, the Defendant observes after researching other parking claims, that the Particulars of Claim ('POC') set out a cut-and-paste incoherent statement of case.  In breach of the pre-action protocol for 'Debt' Claims, no copy of the contract (sign) accompanied any Letter of Claim.  The POC is sparse on facts and specific breach allegations, which makes it difficult to respond in depth at this time; however this claim is unfair, generic and inflated.  

Thanks in advance

KeithP

Hello and welcome.

You've said nothing about the parking event. What happened?
Who is the Claimant?

What is the Issue Date on your County Court Claim Form?
Have you filed an Acknowledgment of Service? If so, when did you do that?

Why did you receive nothing before the court claim?
Is your address correct on your Vehicle's Registration Document(V5c)?
Have you moved and forgotten to update that?
Or perhaps the vehicle is a hire car or lease car?

GailB1977

Hi
Issue date of Claim is 20th April. I have filed an acknowledgement via moneyclaim.gov.uk on 1/5/23

I do not recall having received anything before the claim. I have sold the car since the alleged offence. 

The claimant is UK Parking Control Limited with DCB Legal acting for them. 

They say I was parked in McDonalds on 6/9/20 and breached the t&c's of parking but do not state what that is. Also claiming I did not pay the PCN within 28 days as agreed (assuming ref to t&c's)

Umkomaas

The claimant is UK Parking Control Limited with DCB Legal acting for them. 

Have a read of this and then get your defence underway.  @Johny86's defence should be used for DCB Legal inadequate Particulars of Claim - PoC - (with adaptation of the early paragraphs to fit with the circumstances of your alleged parking event). 

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

Fruitcake

It is neither a fine or an offence.

You should add to your para 2 that the identity of the driver is unknown, and in para 3 that you cannot recall the events of an unremarkable day over two years ago.

Where did the alleged event take place? It may have appeared here before. Plan A is always a complaint to the landowner and your MP, and it is never too late to do so.

KeithP

GailB1977 said:

Hi
Issue date of Claim is 20th April. I have filed an acknowledgement via moneyclaim.gov.uk on 1/5/23

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 a little over a week 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'.