Uk Parking Control Limited/DCB Legal Letter of Claim

JingleTree

Any advice at all on the above before I submit?

Le_Kirk

JingleTree said:

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 but not the driver.

3. The defendant acknowledges that their car was parked at Capitol Leisure Park on 04/03/2023 for a short time for the driver to visit the supermarket. However the driver does recall the car not parked correctly within the markings of the bay or space. No parking notice was issued at the time of parking, so there was no opportunity for the driver to obtain their own evidence.

4. The images shared of the car with the owner, do not show clear and obvious evidence of the car not parked correctly within the markings of the bay. There is also evidence a time stamp on these images have been doctored, which leaves the defendant to refute the legitimacy of these images.

Are you denying being the driver?  In which case why not say so? Are you sure you want to state the highlighted sentence in paragraph 3?  Did you mean the driver does not recall..............
Owner, did you mean registered keeper? Nobody knows who the owner is.

Coupon-mad

If you know it was you driving, then say so.  Same if you know it WASN'T.  You've avoided answering.

JingleTree

Thanks both, I will update points in terms of 'not recall' and reference to the owner. To clarify, *if* I believe the registered keeper was also the driver at the time, should I be stating that here? So far I have refused to confirm the driver and thought that was the stance I should keep here.

Gr1pr

You don't assume anything at all, but you dont leave it hanging like a dangerous branch either 

No evasiveness in court cases , so Its either 

Keeper and driver 

Or

Keeper but not the driver 

Or

Keeper but cannot say with any certainty who was driving at the time, cannot recall, no recollection 

So whatever fits

Coupon-mad

Like I already said: admit driving.

1505grandad

" However the driver does (xxx) recall the car not parked correctly within the markings of the bay or space. "

Unless you actually do mean the opposite should there be a "not" included (xxx)? Perhaps rephrase the sentence.

JingleTree

Thanks all for the support, here's the updated defence. Let me know if there's any final points to mention, before I submit:

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 acknowledges that their car was parked at Capitol Leisure Park on 04/03/2023 for a short time for the driver to visit the supermarket. However the driver does not recall the car not parked correctly within the markings of the bay or space. No parking notice was issued at the time of parking, so there was no opportunity for the driver to obtain their own evidence.

4. The images shared of the car with the registered keeper, do not show clear and obvious evidence of the car not parked correctly within the markings of the bay. There is also evidence a time stamp on these images have been doctored, which leaves the defendant to refute the legitimacy of these images.

5. If we are to trust in the validity of these images, what they do show is that the car is clearly not parked blocking or encroaching any other parking bays. There are no limitations to pedestrianised space or to any other roads within the car park.

6. 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.

7. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Coupon-mad

Yep that's great, followed by the rest of the Template Defence all suitably re-numbered.

JingleTree

I'm now in receipt of my directions questionnaire, however there are some different questions than what I can see in the thread on this, apologies if I've missed it in a thread somewhere else, but could you help me respond on:

Suitability for determination without a hearing D1 Do you consider that this claim is suitable for determination without a hearing, such as; by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

On the claimants version they have ticked 'yes' what should I?

It also looks as though you aren't given the option to select 'no' to mediation, and there's a whole section E around the mediation appointment, but on the online form they have added this wording to section E (not on my paper copy):
Mediation appointment: If your claim is not suitable for mediation, such as Road Traffic Accident or Personal Injury please leave mediation section blank.
So should I leave it blank?

If I send via email - what email address do I send it to? On the covering letter it just gives me an address.

I also have to do this by Sept 5th - due to a holiday, I've only just picked up, so I'm quite tight on time now, any help appreciated.