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UKPC residential parking - outside of bay with valid permit

Hi All, hoping you can help me. I have had a letter of claim through for a parking fine dating back to 2019.

Date of issue (as per letter): 24 May 2023
AOS: 31 May 2023
Defence submission deadline: 26 June 2023

The event occurred on Boxing Day as I was visiting my partner at the time (we are no longer together) to deliver gifts. His bay had been occupied by an unknown vehicle and I had heavy items to unload, so I parked at the side of the building for a very short time - until these were unloaded and then moved the vehicle. I have drafted the following:

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

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

3. When the parking event allegedly took place on 26/12/2019, the defendant was delivering Christmas gifts to a resident of the site and although the defendant was displaying a valid permit, the resident’s allocated parking bay had been occupied by an unknown vehicle. The defendant does not recall prominent signage present and as the photographs of the vehicle show, it was dark at the time of entry to the car park. So even if there was prominent signage, it is unlikely to be legible in those lighting conditions. The photos of the signage, supplied in response to the defendant’s SAR, are time-stamped March 2016 and are therefore not representative of the signage at the time of the alleged event.

4. The defendant parked for a maximum of 15 minutes to transfer heavy items from the vehicle to the residence, and the vehicle was moved promptly once this had been done. The vehicle was first photographed at 7.57am and the time of issue was 8.05am – with the ticket issuer waiting just a matter of minutes, on Boxing Day morning, before issuing a ticket. The vehicle was not an obstruction to any other car park users, there was no loss to the car park operator due to the parking being free for those displaying permits (as the defendant was), and defendant had no other option due to the heavy items they needed to unload.

Any feedback would be greatly appreciated! Thank you.
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Comments

  • KeithP
    KeithP Posts: 37,628 Forumite
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    abcmom said:
    Hi All, hoping you can help me. I have had a letter of claim through for a parking fine dating back to 2019.

    Date of issue (as per letter): 24 May 2023
    AOS: 31 May 2023
    Defence submission deadline: 26 June 2023
    Looks like you have a County Court Claim Form rather than a Letter of Claim.

    You are right with your Defence filing deadline but there might be something useful here...

    With a Claim Issue Date of 24th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th June 2023 to file your Defence.

    That's just a few days away.
    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'.
  • abcmom
    abcmom Posts: 26 Forumite
    First Anniversary First Post Name Dropper
    KeithP said:
    abcmom said:
    Hi All, hoping you can help me. I have had a letter of claim through for a parking fine dating back to 2019.

    Date of issue (as per letter): 24 May 2023
    AOS: 31 May 2023
    Defence submission deadline: 26 June 2023
    Looks like you have a County Court Claim Form rather than a Letter of Claim.

    You are right with your Defence filing deadline but there might be something useful here...

    With a Claim Issue Date of 24th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th June 2023 to file your Defence.

    That's just a few days away.
    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'.
    Thank you @KeithP, I have drafted my Defence using the information on the various threads. Paragraphs 3+4 in my original post above are the specifics I have added to explain my circumstances. Does this read ok? Is there anything else I should/shouldn't say at this stage?

    Thanks again.
  • Coupon-mad
    Coupon-mad Posts: 131,613 Forumite
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    edited 16 March at 4:05PM
    That's very good.

    Then, as seen in all DCBLegal defences this year, use the Template Defence to take it to 33 paragraphs or thereabouts.
    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
  • B789
    B789 Posts: 3,441 Forumite
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    Is this the defence template you have used? It has extra paragraphs to cover the woefully inadequate PoC signed by Yasmin Mia for DCB Legal:

    https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0
  • abcmom
    abcmom Posts: 26 Forumite
    First Anniversary First Post Name Dropper
    B789 said:
    Is this the defence template you have used? It has extra paragraphs to cover the woefully inadequate PoC signed by Yasmin Mia for DCB Legal:

    https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0
    Hi @B789 Yes that's the one I have used and the letter was signed by Yasmin Mia! 
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
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    You might like to add Jopson v Homeguard, stopping to unload is not parking.

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • abcmom
    abcmom Posts: 26 Forumite
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    edited 16 March at 4:52PM
    Thank you all for your help on this! I received a notice of discontinuance on Wednesday 14 March (hearing was scheduled for 11 April).

    @Coupon-mad another one for the discontinuance thread! 
  • Coupon-mad
    Coupon-mad Posts: 131,613 Forumite
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    edited 16 March at 4:09PM
    abcmom said:
    Thank you all for your help on this! I received a notice of discontinuation on Wednesday 14 March (hearing was scheduled for 11 April).

    @Coupon-mad another one for the discontinuation thread! 
    Yay you won!

    As expected from DCB Legal (every case) but great to see it arrive.  So it is over!  Congrats!

    I will add you to the DCBLegal discontinuances thread which now records a SHOCKING 320 cases...

    Can you please show here a photo or screenshot of the discontinuance? Helps demonstrate that none of that thread is hearsay.

    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
  • abcmom
    abcmom Posts: 26 Forumite
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    Screenshot of notice :-)
  • Coupon-mad
    Coupon-mad Posts: 131,613 Forumite
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    Perfect conclusion to any DCB Legal claim thread!
    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
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