Review of defence from DCB legal/UKPC claim form

parkingnewbie01

Hello everyone, I absolutely love the community on here. I have been reading for a couple of years now. I’ve followed the process detailed in the Newbie thread from a PCN I received back from UKPC in January 2022. At the beginning of May 2024  I received a Claim Form from DCB legal representing UKPC wishing to escalate the issue. 

I have read up on the next process and will follow the Newbie thread. I’ve already completed my AOS form and am looking to compile my defence at this stage. I thought I’d post on here to see if anyone could give me any pointers as I’m finding it quite complicated. 

The PCN is question is from a car park in Crawley which I thought to be a NCP car park. As you go in there is a big yellow NCP car park sign clear from the entrance. So in the day in question I parked up and walked to the NCP sign and bought my self an e ticket which I have email receipts for. After around 20 minutes of shopping I returned back to my car to find a PCN from UKPC for parking without a permit. Much to my surprise around a 1/3 of the car park was UKPC permit spaces. 

The signage was unclear and misleading with retail cages covering majority of the signs and the border of the permit spaces being outlined by two faded yellow lines. I do have some images of these which I took when I received confirmation of the PCN but I’m struggling to find them in my ICloud. There are some other images from google images which I will attach which show all of the above. 

Going forward for my initial defence that I am responding to the claim form with should I include such images or should I try to construct the image in legal jargon. I’m not entirely sure if they should be kept for the witness statement part when I’m closer to court hearing or not. 

Any other tips/advice would help here and be greatly appreciated. 

parkingnewbie01

As you can see the big yellow NCP sign as you drive in on the left indicates it is a NCP car park. The border for the UKPC car park is left on the red Honda civic alongside the faint double yellows which is next to the drain. Apart from that the only signage is across the back wall which is covered by retail cages. Then there is a permit holders sign on the right hand side which is bent inwards probably to make it harder to see as you go in. 

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

LDast

No evidence goes with your defence. You must keep those photos for your WS much later. Please show us the PoC in the claim plus the issue date as requested by @KeithP.

You are fortunate as this is a claim filed by DCB Legal which means, as long as you follow the advice in the Newbies/FAQ thread and the use the template defence and follow the 12 point checklist, the claim will be discontinued before it ever gets to a hearing.

Coupon-mad

Please show us the POC when you answer Keith's two questions.

  

parkingnewbie01

Hello. Thank you for getting back to me. 

The issue date of the claim was the 03 May 2024. 

I submitted my Acknowledgment of Service on the 14 May 2024. 

parkingnewbie01

Here is the details of the POC 

KeithP

parkingnewbie01 said:

The issue date of the claim was the 03 May 2024. 

I submitted my Acknowledgment of Service on the 14 May 2024. 

With a Claim Issue Date of 3rd May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 5th June 2024 to file your Defence.

That's three 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'.

Coupon-mad

Was 18.1.22 the date of parking, or the date the PCN was posted?

parkingnewbie01

PCN and day of parking were the same. 

Coupon-mad

Windscreen PCN then?

Also:

Please earn yourself £60 and help regulate the parking industry.  This is an official thing and MSE Towers has agreed I can share it...

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice#latest

You said you followed the NEWBIES thread process so I assume you tried the farce of appeal? Tell the DLUHC's guys what that was like  (difficult to navigate? Waste of time, etc) and about the predicament you are now in because there was no real independent ADR on offer.