DCB Legal LTD

YellowSunflower2009

IN THE COUNTY COURT

Claim No.:  XXXXXX

    Between

UK PARKING CONTROL LIMITED 

(Claimant) 

- and -  

XXXXXXX                    

 (Defendant)

_________________

DEFENCE

1.  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 in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) 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 boilerplate text in the Particulars of Claim ('the POC'). 

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

3. The Defendant attended McDonald’s car park on 21 October 2023 and as a paying customer at said car park remained inside the restaurant for the duration of their stay. The Defendant was accompanied with their child, who was enjoying the using the iPads provided inside the establishment along with the colouring facilities also available. The Defendant proceeded to make another purchase from McDonalds 33 minutes after the initial order was made, therefore resulting in an extension of time spent inside the building and subsequently time parked in the car park. The Defendant was totally unaware of the time limitations set on the car park as signs could not be seen clearly in the car park or around the restaurant. 

4. When contacting McDonald’s to make a complaint about the PCN it was advised that they would make an attempt to cancel the PCN although there was no guarantee it would be. McDonald’s also advised asked why there had been a delay in the claimant contacting them advising that PCN’s that are flagged up can be ‘easily’ cancelled within the first 2 weeks of receipt. McDonald’s also advised that they have recently introduced 4 new notices within the restaurant which puts emphasis on the signs being unclear to the public. 

5. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

………

Coupon-mad

Looks fine as long as you add the whole rest of the Template Defence.  But don't show us that!

YellowSunflower2009

Yes I have done. All sorted now thank you 

pustit

Le_Kirk said:

Fines = speculative invoices or parking charge notices.

Might this be misleading to a newbie reading this out of context?
A fine is most certainly not equal to a speculative invoice.

Le_Kirk

pustit said:

Le_Kirk said:

Fines = speculative invoices or parking charge notices.

Might this be misleading to a newbie reading this out of context?
A fine is most certainly not equal to a speculative invoice.

OK, can you help us with a different suggestion please?

YellowSunflower2009

@pustit @Le_Kirk dont worry I have put PCN.

Coupon-mad

What confirmation do you have that it's been cancelled?

YellowSunflower2009

I have just received an email from McDonalds. 

‘I’m sure you will be pleased to find out that we have managed to get this removed with both UKPC and DBS.

 You should receive no further notification of this issue.’

I have filed the defence through so will I need a discontinuation notice from the court now? 

Coupon-mad

Yes you would need a NoD from DCB Legal.

YellowSunflower2009

Sorry all can you just clarify this for me please I have been chasing an NoD from DCB Legal. Although the lastest email I have received today says: 

Good Afternon,

Please be advised that as our Claim was not allocated we never informed the Court that we intended to proceed on the matter. As such a Notice of Discontinuance is not required, even though a defence was filed by yourself.

Rest assured no further action is required by either party.

The case will not progress any further and has been discontinued.

Kind Regards,

Is this correct? I received a letter just yesterday from the courts acknowledging my defence and also the MCOL is still pending is this correct? 

Thank you