UKPC/DCBL faulty machine in work car park

DB23

My partner has had a claim form with an issue date of 19 May 2023 for a PCN in 2019.

This was a hospital car park PCN, which was issued while she was at work, the machine was not accepting card payments when she arrived, and didn't have any cash. As far as she is aware, this is the only PCN issued to her and she is sure it had been cancelled at the time through the hospital.

I've completed the acknowledgement of service and this was received on 25 May 2023

I have a few points added to the template defence which I've adapted from others on the forum, i have stated that i have sent an SAR to the claimant, i'm not sure if it's best to leave that in and send the SAR or if it's even necessary to request one at this stage? 


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2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged claim and although it is impossible to be sure, due to the date referenced being over 4 years ago, the defendant believes this may be about a PCN long since appealed.

3. The Defendant has sent a subject access request (SAR) to the Claimant, and will expand upon the denial of breach in the witness statement and evidence, once the Defendant has seen the details from the SAR and/or in the event that the Court order the Claimant to file & serve better particulars.

4. In the instance of the appealed parking ticket, the defendant attempted to purchase a ticket using the pay and display machine on-site. The machine was not working, and did not accept payment.

5. The defendant believed the appeal to have been successful due to the inability to pay using the sole machine within the car park and the absence of any signs to instruct patrons not to use the car park if unable to pay.

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If that's fine as it is i'll send it over tomorrow.

Thanks!

Fruitcake

Only the first part of para 2 is needed. 
Para 3 is irrelevant.
Paras 4 and 5 should be combined and numbered para 3.

I hope the AoS was done in the name against whom the claim is made. Was this you or your wife? (You say your wife received the claim but you completed the AoS).
If you are submitting the defence (sending it over) it MUST be in the defendant's name as well.

The defendant should complain again to the landowner/your wife's employer and the defendant's MP, and quote the government parking principles.

NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)

UKPC signs are always inadequate, fail to comply withy the BPA's CoP, and are incapable of forming a contract, so that should be expanded upon in para 3. Note that a comment that a return visit was made to check the signage (if true).

KeithP

DB23 said:

My partner has had a claim form with an issue date of 19 May 2023...
I've completed the acknowledgement of service and this was received on 25 May 2023.

Hello and welcome.

With a Claim Issue Date of 19th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 21st June 2023 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

Everywhere I have written 'you' or 'your' I do of course mean the named Defendant.

Umkomaas

As the DCB Legal Particulars of Claim (POC) are shoddy template generalisations with no indication of the specifics of the defendant's 'crime', advice is not to seek clarification via a SAR, so, in knowing no detail, the defendant is much freer to defend purely against the POC given on the court claim form. 

You do know that UKPC/DCB Legal will discontinue a little further down the track?

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

DB23

Thanks, i'll remove the reference to SAR from the defense, and yes this is all being done in my partners name, MCOL and the defense will be submitted in her name also. 

Umkomaas

DB23 said:

Thanks, i'll remove the reference to SAR from the defense, and yes this is all being done in my partners name, MCOL and the defense will be submitted in her name also. 

No 's' in defence (other than in the good ol' US of A 🇺🇸)!

DB23

Umkomaas said:

DB23 said:

Thanks, i'll remove the reference to SAR from the defense, and yes this is all being done in my partners name, MCOL and the defense will be submitted in her name also. 

No 's' in defence (other than in the good ol' US of A 🇺🇸)!

Well I spelled it correctly in my original post, I'm going to blame that one on Chrome autocorrect 

KeithP

DB23 said:

Umkomaas said:

DB23 said:

Thanks, i'll remove the reference to SAR from the defense, and yes this is all being done in my partners name, MCOL and the defense will be submitted in her name also. 

No 's' in defence (other than in the good ol' US of A 🇺🇸)!

Well I spelled it correctly in my original post, I'm going to blame that one on Chrome autocorrect 

Maybe change your browser settings from US English to UK English.  

Coupon-mad

Yep.

Please re-set away from horrible 'English-murdering' US spellings.

That's probably why some new people here type 'curb' (an American noun) instead of the correct spelling, KERB.  Seeing that awful word 'curb' in a parking case defence drives me almost as mad as 'parking lot'!

Le_Kirk

Coupon-mad said:

Please re-set away from horrible 'English-murdering' US spellings.

That's probably why some new people here type 'curb' (an American noun) instead of the correct spelling, KERB. Seeing that awful word 'curb' in a parking case defence drives me almost as mad as 'parking lot'!

Agreed, the use of curb for kerb should be curbed!  I'll get me coat.

DB23

After getting a transfer of proceedings back in October I've been waiting for the date to complete the witness statement and then expected to get the discontinuation letter, but today received a letter from the court to say the claim has been struck out.

Is this now the way courts are dealing with these mass parking claims or is It just to clear the backlog over the holiday period?