UKPC DCB Legal court claim - Not parking within marking of bay

tescovaluevodka

Hello,

I have court claim for not parking within marking of bay. There were no child/parent spaces available, so I parked on the top floor of the empty car park bay across the line of the end bay.

I have submitted my acknowledgement and now preparing the defence. Any advice for modifying paragraphs 2&3 of defence for my situation. any links to similar claims?

DE_612183

1. Have you read the newbees thread?
2. Have you complained to the retail park owner?
3. Love the user name!

tescovaluevodka

Thanks for the response.

Not as well as I should have obviously. I focused on the response to county claim / defence. I guess I should also complain to the land owner in parallel. 

tescovaluevodka

I have complained to landowner, to which they have responded asking for more information.

In parallel, I have started drafting the defence. Any comments are much appreciated. I guess I'm most interested in feedback on whether 6. adds any value, but it is true. 

3. The facts are that the vehicle, registration xxxxxx, of which the Defendant is the registered keeper and driver, was parked on the material date had paid the correct fee. 

4. Due to the inadequate total number of allocated parent/child spaces within the car park, and therefore available that day, the claimant had no other option other than to park in a regular bay, which inadvertently resulted in parking over the bay marking.

5. As the remaining regular (non-parent / child) bays are not sufficient in size to wholly accommodate the defendants vehicle and requirements (safe entry/exit for their child), it was impossible to comply with the terms and conditions.

6. To mitigate any impact to other car park users or the landowner, the defendant parked on one of the sparsely parked upper levels of the car park in the end bay.

7. Signage issues. etc (I will also be going to the car park later today to look at the signage clarity and take some photos).

KeithP

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with personal detail hidden of course.

Who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

tescovaluevodka

Issued: 22/07/2024. Acknowledgment of service was submitted: 29/07/2024

Claimant: UK Parking Control Limited

KeithP

tescovaluevodka said:

Issued: 22/07/2024. Acknowledgment of service was submitted: 29/07/2024

With a Claim Issue Date of 22nd July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 27th August 2024 to file a Defence.

That's a little over a week 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'.

LDast

You have until 4pm on Tuesday 27th August to submit your Defence. Details on how to do this are in the Template Defence Thread.

tescovaluevodka

landowner has responded with generic details I already know, asking me to contact DBC. Is there something specific I can request them to do at this stage?  who would they need to contact to request that this claim is cancelled? 

LDast

The landowner is jointly and severally liable for the actions of its agent. If they are fobbing you off, then point this out to them. Maybe ask who in the monkey and who is the organ-grinder in their contractual relationship with their agent.

prowla

So, you identified yourself as the driver?