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UKPC DCB Legal claim

Hi everyone

I am in the process of trying to defend myself against DCB Legal. 

In 2019, I went to use the gym in the evening, and I parked in the gym's car park. I don't recall all of the details clearly, as this happened so long ago. What I do remember is, the car park was very busy that day, and there was only one space available. I had trouble getting into the space, because one of the cars had parked wonkily. 

When I left the gym, I found a car ticket placed on my windscreen, with the reason "Not parked correctly within the markings of the bay or space'. 

In February, I received a Letter of Claim from DCB Legal. As advised by this forum, I requested the 30 day extension for debt advice and SAR from UKPC, and they responded with what they had on me. 

On 20th May, I received the Claim Form from the County Court dated 18 May 2023. Today, I did the AOS. I am now in the process of preparing my defence, and I would really appreciate your assistance.

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

3. The Defendant, on 25th November 2019, parked in the Xercise4less car park to use the gym. The Defendant parked in the only space available, which was to the rear of the gym. At the time of arrival, it was already dark, and the rear car parking area was very poorly lit. The car parked parallel to the Defendant's car was not parked correctly within the bay. To avoid scraping the cars parked to either side of the Defendant's car, the Defendant was forced to park off centre. The Defendant does not recall parking over the line, but very close to the line.
----

I would like to post the images obtained from the SAR, however as I am a new user, I am not able to yet.






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Comments

  • Coupon-mad
    Coupon-mad Posts: 129,479
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    edited 23 May 2023 at 5:06PM
    Get rid of ALL mention of not parking in a bay:

    The car parked parallel to the Defendant's car was not parked correctly within the bay. To avoid scraping the cars parked to either side of the Defendant's car, the Defendant was forced to park off centre. The Defendant does not recall parking over the line, but very close to the line.

    Use the example defence by @GolfR12 because it has extra paragraphs 5-11 that are specially for DCBLegal cases.
    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
  • KeithP
    KeithP Posts: 37,145
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    rosel23 said:
    On 20th May, I received the Claim Form from the County Court dated 18 May 2023. Today, I did the AOS.

    With a Claim Issue Date of 18th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 20th 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'.
  • B789
    B789 Posts: 3,441
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    An example of the defence template to be used in DCB Legal claims:

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

    You are not defending yourself against DCB Legal, you are defending yourself against UKPC who DCB Legal is representing.
  • rosel23
    rosel23 Posts: 5
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    Thank you everyone for your help. 

    I have taken on board your suggestions. Is this okay?

    3. The Defendant, on 25th November 2019, parked in the Xercise4less car park to use the gym. The Defendant parked in the only space available, which was to the rear of the gym. At the time of arrival, it was already dark, and the rear car parking area was very poorly lit. On arriving back to the car, the Defendant found a PCN on the windscreen. 


    Following this, I am just planning on copying and pasting point 5 onwards, from the defence template above. Would this be sufficient?

    I have looked through @GolfR12's defence. Should I deny being the driver? What of their defence would you recommend I use in my defence? 

    I apologise if these questions seem basic, but I am feeling extremely overwhelmed by it all 
  • KeithP
    KeithP Posts: 37,145
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    edited 24 May 2023 at 4:37PM
    rosel23 said:

    3. The Defendant, on 25th November 2019, parked in the Xercise4less car park to use the gym. The Defendant parked in the only space available, which was to the rear of the gym. At the time of arrival, it was already dark, and the rear car parking area was very poorly lit. On arriving back to the car, the Defendant found a PCN on the windscreen. 

    Should I deny being the driver? 
    No you should not deny being the driver.
    It is quite clear from what you have written as paragraph 3 that you were the driver.
    It is not wise to tell lies, confirmed by a statement of truth, to any court.
  • B789
    B789 Posts: 3,441
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    rosel23 said:
    Thank you everyone for your help. 

    I have taken on board your suggestions. Is this okay?

    3. The Defendant, on 25th November 2019, parked in the Xercise4less car park to use the gym. The Defendant parked in the only space available, which was to the rear of the gym. At the time of arrival, it was already dark, and the rear car parking area was very poorly lit. On arriving back to the car, the Defendant found a PCN on the windscreen. 


    Following this, I am just planning on copying and pasting point 5 onwards, from the defence template above. Would this be sufficient?

    I have looked through @GolfR12's defence. Should I deny being the driver? What of their defence would you recommend I use in my defence? 

    I apologise if these questions seem basic, but I am feeling extremely overwhelmed by it all 
    Did you appeal the original PCN? If so, did you admit to being the driver at the time? Was the PCN PoFA compliant? The answer to those two questions will determine whether you defend as the RK only or as the RK and the driver.

    If you are using the defence template I showed you, then you only need to change/add the bits it says. Depending on whether you are defending as the RK only or RK and driver will determine if you need para #4. It is really that simple.
  • Umkomaas
    Umkomaas Posts: 41,153
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    As you are dealing with DCB Legal (and presumably UKPC?) the following thread might be of interest. Keep going through all the court phases in front of you, but I rather suspect you will not be having an appointment with any of the judiciary on this one. 

    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
  • rosel23
    rosel23 Posts: 5
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    These are the SAR documents provided by UKPC. Is it PoFA compliant? It appears so, but I just want to double check with you.
    I didn't appeal the PCN, or admit to being the driver. I haven't had any correspondence with UKPC, apart from the SAR.




    I'm just adding point 3 below to the template posted by B789. Is that enough to submit as my defence?

    3. The Defendant, on 25th November 2019, parked in the Xercise4less car park to use the gym. The Defendant parked in the only space available, which was to the rear of the gym. At the time of arrival, it was already dark, and the rear car parking area was very poorly lit. On arriving back to the car, the Defendant found a PCN on the windscreen.

    Thank you




  • Coupon-mad
    Coupon-mad Posts: 129,479
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    Looks fine but do not deny being the driver.  Admit it in paragraph 2 and remove the POFA paragraph from the dropbox linked example.
    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
  • KeithP
    KeithP Posts: 37,145
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    edited 30 May 2023 at 2:00PM
    rosel23 said:
    I haven't had any correspondence with UKPC, apart from the SAR.
    You need to ask yourself why that might be.

    The usual answer is that the Registered Keeper has moved home but overlooked the need to adjust the vehicle's Registration Document(V5c) with the keeper's new address.

    Check your V5c - it can be updated online on the DVLA website.
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