UKPC via DCB Legal - Horns Road Retail Park - DCB Legal court claim 2025

1505grandad

Some observations:-

UKPC are BPA AoS members not IPC

Was the Chan and Akande cases stated in the Defence?

Are you sure that the driver has not been outed  -  if so therefore POFA is not relevant?

Make sure that any copy and paste used is relevant for your case.

Felics

1505grandad said:

Some observations:-

UKPC are BPA AoS members not IPC

Was the Chan and Akande cases stated in the Defence?

Are you sure that the driver has not been outed  -  if so therefore POFA is not relevant?

Make sure that any copy and paste used is relevant for your case.

Thanks

Noted on IPC

Chan and Akande were not stated in the defence. Only in the witness statement.

Driver has not been identified.

Le_Kirk

I have gone back through the thread trying to find your POC; the only pictures posted show [content not available].  What were your particulars of claim?  If they were wanting in any way, i.e. failed to plead, then you can use Chan & Akande, else, as @1505grandad intimated you cannot use them.

Felics

POC attached.

1505grandad

"Driver has not been identified."

In your Defence which you posted and presumably filed you stated under a SoT the following which I suggest states the D and driver are the same:-

https://forums.moneysavingexpert.com/discussion/comment/81494474/#Comment_81494474

"3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park many times while shopping in Lidl store with evidence of transactions available to submit when required. The Defendant was unaware of parking restrictions in place. The Defendant had not noticed any ‘Prominent’ signage close to where the vehicle was parked, showing the terms and conditions for use. The small signage was not suitable to alert a motorist, leading to an unawareness of any parking restrictions."

As per the PoC posted above the breach is pleaded so obviously Chan and Akande not relevant.

Le_Kirk

Yep, as above.  You defence should have been about "the defendant did not park in a disabled/blue badge bay" and therefore your witness statement must back up and support, with evidence, that fact

Felics

1505grandad said:

"Driver has not been identified."

In your Defence which you posted and presumably filed you stated under a SoT the following which I suggest states the D and driver are the same:-

https://forums.moneysavingexpert.com/discussion/comment/81494474/#Comment_81494474

"3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park many times while shopping in Lidl store with evidence of transactions available to submit when required. The Defendant was unaware of parking restrictions in place. The Defendant had not noticed any ‘Prominent’ signage close to where the vehicle was parked, showing the terms and conditions for use. The small signage was not suitable to alert a motorist, leading to an unawareness of any parking restrictions."

As per the PoC posted above the breach is pleaded so obviously Chan and Akande not relevant.

I see.

So I can delete Akande and POFA? 

Can Chan stay?

Le_Kirk

No, the facts are pleaded so both Chan and Akande are out.  POFA does not help you as you seem to have declared in your defence that defendant and driver are one and the same as posted by @1505grandad here: -
29 December at 11:58AM.

Felics

Le_Kirk said:

No, the facts are pleaded so both Chan and Akande are out.  POFA does not help you as you seem to have declared in your defence that defendant and driver are one and the same as posted by @1505grandad here: -
29 December at 11:58AM.

Thanks. I understand now.

I'll remove them both and update for POFA.

See updated draft:

https://www.dropbox.com/scl/fi/smgghda57ugz6yo53uau0/Claim-Defendant-Witness-Statement-20251224-v2-REDACTED.pdf?rlkey=3zjwe212d1iwkztfm8516jgh3&st=ty0qxgmw&dl=0

Felics

An email I've just recevied.

"Dear Sirs,

We act on behalf of the Claimant Uk Parking Control Limited.

Please find attached the Claimant's N279 Notice of Discontinuance.

Kindly confirm the upcoming hearing on XXX has been vacated.

 We have copied the Defendant by way of service."