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Claim Form from UKPC - Help please.

Hi all, I have received a Claim Form, issue date, 8th February, from UKPC.

The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XXX at XXX.
PCN issued on 18/05/23.
The defendant is pursued as the driver for the vehicle for breach of the terms; Reason: Parked in A Designated Disabled Person's Parking Place Without Displaying A Valid Disabled Bath.

They are attempting to claim the driver £265 for this.

I understand it is ALWAYS incorrect to park in a disabled bay, I really do and I fervently apologise for the stupidity from the Drivers perspective. This was a weekend and there were practically NO cars parked in the free car park and they had just parked for 5 minutes to pull up into a shop and then quickly leave. 

I was wondering what my next steps are? Shall I just pay as I guess there is no defence for parking in a disabled bay, right? Please let me know and thank you for taking time.

Comments

  • Debszzzz2
    Debszzzz2 Posts: 165
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    Did you ever receive an NtK/PCN about this at the time? If so, did you consider that it may be worth paying the discounted charge for what you believe is an inexcusable deed?

    The fact that you realise that the driver made an "indefensible" mistake in assuming they could park in the disabled bay for 5 minutes in an empty car park, doesn't mean that the registered keeper (RK) has to pay the whole amount claimed. There are added charges/damages that are not normally allowed in county court claim in the small claims track.

    Defending this and losing, should still see you paying less than the claim. Of course, you could also win if you have a valid defence.

    Possible defences would be that the NtK was not issued within the constraints of PoFA which means, if the drivers identity is not known, they have no case as the RK cannot be liable. Another defence could be that the driver was not aware that they had parked in a disabled bay due to defective signage or markings. Does the car park operator have a valid contract flowing from the landowner to issue PCNs and are they authorised to issue proceedings?

    There are quite a few options for challenging the claim or at least defending in the knowledge that you would most likely pay less than the total claim amount should your defence be unsuccessful.

    Is the claim issued by UKPC themselves or have they used a solicitor? You have until 27th February to do the AoS which would then give you until 4pm on Tuesday 12th March to file your defence.

    The second post in the Newbies/FAQ thread give you all the advice on how to proceed with this.
  • @Debszzzz2

    UKPC is the Claimant, with the address for sending documents being DCB Legal. There is a signature from a Claimant's Legal Representative.

    Do you think this is worth disputing? 
  • Debszzzz2
    Debszzzz2 Posts: 165
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    From the way you worded your OP, it sounds like you are the RK but not the driver. As to whether I think this is worth disputing is not really relevant. We don't like to see these greedy scammer rogues getting away with their extortion. However, it depends on how strongly you feel about this misdemeanour of parking in a disabled bay when not authorised to do so.

    What you should know is that this duo of UKPC and DCB Legal are known to capitulate and discontinue any claim if a robust defence is submitted. You only have to read this thread to get an idea of how easy it is to beat them: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS 

    As I mentioned, the total amount claimed is likely higher than if you were to defend and lose the claim. There are plenty of things to defend against here. The template defence covers most of them.

    Without seeing the actual NtK, we don't know whether UKPC is relying on PoFA to hold the driver and/or the Rk liable. If they aren't or have failed to strictly adhere to the requirements of PoFA and the drivers identity has not been revealed, then they can only hold the driver liable. You have not given us any clue as to whether you are the RK and the driver or just the RK.

    So, is this worth disputing? Personally, I would dispute it. However, it ultimately comes down to how badly the Defendant in the claim feels about it.
  • Coupon-mad
    Coupon-mad Posts: 129,144
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    @Debszzzz2

    UKPC is the Claimant, with the address for sending documents being DCB Legal. There is a signature from a Claimant's Legal Representative.

    Do you think this is worth disputing? 
    Absolutely yes!  Two wrongs don't make a right, and DCB Legal always discontinue, regardless of facts or merits of the claim.

    I assume this is a typo but it made me laugh!
    Parked in A Designated Disabled Person's Parking Place Without Displaying A Valid Disabled Bath


    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
  • Le_Kirk
    Le_Kirk Posts: 21,915
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    I assume this is a typo but it made me laugh!
    Parked in A Designated Disabled Person's Parking Place Without Displaying A Valid Disabled Bath
    I can just picture the words on the Disco thread "DCB Legal taken to the cleaners" or "DCB Legal threw the baby out with the bathwater".  I'll get me coat!
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