Need advice on creating a defence - Received claim form after missing POPLA appeal

zubz91

Hello Everyone, 

Firstly, I apologise if this is bothersome, repetitive and a waste of your time. If so, I will gladly delete this post and I will be grateful if you could provide me some direction.

I'm seeking some guidance and advice regarding a parking issue I'm currently facing. Here's a summary of the situation:

1. I missed the deadline for submitting an appeal to POPLA (Parking on Private Land Appeals) against a parking charge issued by UKPC.

2. Subsequently, I received a claim form from the county court.

3. I have already submitted the Acknowledgement of Service (AOS) online through MCOL (Money Claim Online) to indicate that I intend to defend the claim.

4. Additionally, I have sent an email to UKPC requesting a Subject Access Request (SAR) to obtain relevant information.

At this stage, I need assistance in creating a defence. The evidence I currently have is as follows:

1. An invoice for the tyre replacement on the day of the breakdown/puncture, which supports my claim that the vehicle was immobilized and unable to be moved.

2. I also have some images that I took of the car at the location where it was parked, clearly showing the absence of any signage indicating parking restrictions or charges.

I would greatly appreciate any advice, suggestions, or insights on how I can build a strong defence based on the evidence available. Are there any specific legal arguments or points I should include in my defence?

Thank you in advance for your help. I look forward to hearing your valuable input.

Best regards,

B789

Have you read the Newbies/FAQ thread? The second post tells you exactly what to do, by when and how.

This is an example of the Defence template to use, especially for UKPC/DCB Legal claims:

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

Le_Kirk

And if the above is not enough for you, refer to this: -

It is trite law that stopping is not parking as determined by judge Harris in Laura Jopson v Homeguard Services, case number B9GF0A9E who said that coping with some vicissitude of short duration is not parking.

A vicissitude of short duration would include having a tyre changed.

zubz91

Thanks for all your help, would it help if I post my claims form / outline the POC's and also the relevant evidence here,  once I have drafted a defence?

B789

zubz91 said:

Thanks for all your help, would it help if I post my claims form / outline the POC's and also the relevant evidence here,  once I have drafted a defence?

No need. All DCB Legal claims are a template and signed by Yasmin Mia.

zubz91

Based on the information provided in the Particulars of Claim, here is a breakdown of the key points:

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ----- at Chapel Wharf.dearmans Place salford,m3 5th.

 2. The PCN details are ----

 3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s)

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.

The Claimant (C) is seeking the following from the Defendant (D):

1. £160, which represents the total amount of the PCN(s) and damages claimed.

2. Interest at a rate of 8% per annum, as allowed by s.69 of the County Courts Act 1984, calculated at a daily rate of £0.02 from the date of the claim until judgment or earlier payment.

3. Costs and court fees.

The total amount being claimed is £173.44, which includes a court fee of £35.00 and legal representative's costs of £50. The overall claim totals £258.44.

zubz91

B789 said:

zubz91 said:

Thanks for all your help, would it help if I post my claims form / outline the POC's and also the relevant evidence here,  once I have drafted a defence?

No need. All DCB Legal claims are a template and signed by Yasmin Mia.

I'm sorry I was drafting my post before you replied

Coupon-mad

Yep we didn't need to see the template POC.

Just use the defence linked already (obviously your para 3 will explain about the puncture) and add in Jopson v Homeguard as an extra paragraph.

What's the date of issue of the claim form?

zubz91

Coupon-mad said:

Yep we didn't need to see the template POC.

Just use the defence linked already (obviously your para 3 will explain about the puncture) and add in Jopson v Homeguard as an extra paragraph.

What's the date of issue of the claim form?

date of Issue is 19th May - AOS filed on 3rd June

B789

zubz91 said:

Coupon-mad said:

Yep we didn't need to see the template POC.

Just use the defence linked already (obviously your para 3 will explain about the puncture) and add in Jopson v Homeguard as an extra paragraph.

What's the date of issue of the claim form?

date of Issue is 19th May - AOS filed on 3rd June

@KeithP will confirm but you should have up to 4 pm on Wednesday 21st June to submit your defence.

Just add the following paragraph to the exampled Defence and renumber all subsequent paragraphs sequentially.

Attention is drawn to Jopson v Homeguard, case number B9GF0A9E. His Honour Judge J Harris QC determined that coping with some vicissitude of short duration such as replacing a punctured tyre is not parking. This was an appeal court case and thus persuasive on the lower courts.

KeithP

zubz91 said:

Coupon-mad said:

Yep we didn't need to see the template POC.

Just use the defence linked already (obviously your para 3 will explain about the puncture) and add in Jopson v Homeguard as an extra paragraph.

What's the date of issue of the claim form?

date of Issue is 19th May - AOS filed on 3rd June

As mentioned earlier, you do indeed have until 4pm on 21st June to file a Defence, but there might be something useful here...

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 over two 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'.