County court claim for PCN from UKPC

parkingfury031219

Please see above link reposted by @Umkomaas photos as evidence of to what I am referring

parkingfury031219

@Coupon-mad thoughts?

Coupon-mad

You are reading the completely wrong part of the NEWBIES thread if you are talking about submitting the defence on 'day 25/26'.

That's from the first post all about appealing a PCN.  You are not appealing a PCN.  I hope you aren't trying to use the template appeal?  Not your stage!

You should read the SECOND POST of the NEWBIES thread and adapt the defence by @Johny86 but remove this (below) because you do not want to talk about what the PCN was issued for, as the claim doesn't say this:


"The front driver's side wheel is seen to be sitting on the line at the time of the event. The position of the car does not prevent any other driver from accessing any car parking spaces or from accessing any other part of the car park, nor does it prevent the adjacent driver from accessing their car with or without a small child as ample room remains between the vehicles."

KeithP

Coupon-mad said:

You are reading the completely wrong part of the NEWBIES thread if you are talking about submitting the defence on 'day 25/26'.

And to add emphasis to that...

Please re-read my post where I explicitly stated...

...you have until 4pm on Wednesday 19th July 2023 to file your Defence.

That very same post explained exactly how to file your Defence too.

parkingfury031219

Coupon-mad said:

You are reading the completely wrong part of the NEWBIES thread if you are talking about submitting the defence on 'day 25/26'.

That's from the first post all about appealing a PCN.  You are not appealing a PCN.  I hope you aren't trying to use the template appeal?  Not your stage!

You should read the SECOND POST of the NEWBIES thread and adapt the defence by @Johny86 but remove this (below) because you do not want to talk about what the PCN was issued for, as the claim doesn't say this:


"The front driver's side wheel is seen to be sitting on the line at the time of the event. The position of the car does not prevent any other driver from accessing any car parking spaces or from accessing any other part of the car park, nor does it prevent the adjacent driver from accessing their car with or without a small child as ample room remains between the vehicles."

I initially included this paragraph as the PCN is 'Not parked correctly within the markings of the bay or space.' Therefore, surely the defence in paragraph 3 needs to have some explanation as to why this is not worthy of a parking charge notice as the photograph does show that technically the car isn't parked within the bay markings? If not then what is the basis of defence in this case? Apologies if I'm being dense.

Coupon-mad

Just something stating what sort of car park it was and denying any breach of terms, and that any purported contractual terms must have been in minuscule text on non-prominent signs because no such 'contract' was known or agreed to pay £100 as some sort of surcharge on top of shopping costs.

B789

Just follow the advice, don't overthink it and use the Johny86 defence or this template of it:

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

This is the bottom-dwelling scamming duo of DCB Legal and UKPC. Using the full, robust defence as advised, this will never get to a hearing and they will discontinue.

Check this thread out:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Umkomaas

parkingfury031219 said:

Coupon-mad said:

You are reading the completely wrong part of the NEWBIES thread if you are talking about submitting the defence on 'day 25/26'.

That's from the first post all about appealing a PCN.  You are not appealing a PCN.  I hope you aren't trying to use the template appeal?  Not your stage!

You should read the SECOND POST of the NEWBIES thread and adapt the defence by @Johny86 but remove this (below) because you do not want to talk about what the PCN was issued for, as the claim doesn't say this:


"The front driver's side wheel is seen to be sitting on the line at the time of the event. The position of the car does not prevent any other driver from accessing any car parking spaces or from accessing any other part of the car park, nor does it prevent the adjacent driver from accessing their car with or without a small child as ample room remains between the vehicles."

I initially included this paragraph as the PCN is 'Not parked correctly within the markings of the bay or space.' Therefore, surely the defence in paragraph 3 needs to have some explanation as to why this is not worthy of a parking charge notice as the photograph does show that technically the car isn't parked within the bay markings? If not then what is the basis of defence in this case? Apologies if I'm being dense.

Remember, you are defending against the Particulars of Claim as stated on the County Court Claim form, all of which in DCB Legal cases are woefully non-specific, drafted for the easy life of banging out POCs without them having to dig out the specific charge details. If they can't be arsed, that's their problem, not yours, so you definitely do not give them any assistance whatsoever by defending something for which you have not been accused. 

parkingfury031219

Ok that all makes sense thanks. Do we think the following for paragraphs 2 and 3 is more suitable?

2. It is admitted that the Defendant was the registered keeper of the vehicle. The Defendant was not the driver of the vehicle at the time of the event.

3. The Driver was a patron at Aldi within Stretford Mall and the vehicle was parked on site for this purpose. Any purported contractual terms and conditions by the Claimant in relation to the event were not appropriately displayed nor clearly visible and as such the Defendant denies entering into any contractual obligation to pay an additional £100 as surcharge in addition to those costs incurred whilst shopping.

Coupon-mad

That's fine as long as you are using the defence by @Johny86 which is 33-odd paragraphs including his extra paras 4-11 that are in addition to the usual Template Defence.