UKPC "Vehicle parked on yellow lines/hatched area" PCN

Car1980

You weren't parked. As well as paragraph 3 briefly explaining the circumstances I'd add another paragraph quickly explaining the definition of parking. You also need to point out 1 min 16 is de minimis and quite frankly ridiculous.

https://www.contestorlegal.co.uk/blog-3/unparalleled-legal-victory-defining-the-true-meaning-of-parking

Djyamo

Hi all.  I have drafted my defence.  Could someone look over it and give me some pointers and critique it?  Let me know if I should add or remove stuff.  Thanks.

"

4. The defendant acknowledges that the vehicle was temporarily stopped within said yellow lines/hatched area whilst collecting a family member from work.  There were no available car parking spaces, so the vehicle was temporarily stopped here, whilst a car reversed out of a space.  I refer to the original PCN, that states the vehicle was ‘parked’ on yellow lines/hatched areas for 1 Minutes 16 Seconds.  I am of the belief that 1 Minutes 16 Seconds is not long enough to be deemed as ‘parking’

4.1. In order to back up my belief that the 1 Minutes 16 Seconds is not deemed long enough to constitute Parking I refer to the case of Jopson v Homegaurd where the discussion of the definition of what constitutes parking is explained as follows. “The Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.”  The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture.  Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars.  Delivery vans, whether for post, newspapers, groceries, or anything else, would not be accommodated on an interpretation which included vehicles stopping for a few moment for these purposes.

4.2.  It is therefore my belief that waiting for a vehicle to exit a parking space, can not be classed as parking."

Djyamo

*BUMP*  

Is there any chance someone could give me some feedback on my defence please?

Thank you

Le_Kirk

Are you using the template defence, if so, where are paragraphs #2 & 3#? Defences are written in the third person, so "the defendant" not "I", "me" or "my".

Coupon-mad

Djyamo said:

You are now late...

I hope you got a defence in?

Djyamo

Update.  I have received a 'Notice of proposed Allocation to the small claims track'

Firstly, I was under the impression the claimant had 28 days to reply to my defence.  My defence was received by MCOL on 15/07/2025 and this letter is dated 02/09/2025. Should I raise this as an issue?

Secondly, I have followed the advice on how to complete the N180 Directions questionnaire, and it all seems pretty straight forward.  I just have one question. Do I need to fill in the information in section E "about the mediation appointment?" 

In the thread about filling it out it just mentions telling them dates you are unavailable for the hearing, and not the mediation.

Thanks

Coupon-mad

Already answered this morning:

https://forums.moneysavingexpert.com/discussion/6628044/dq-sent-but-i-think-it-s-outside-of-the-time-frame

Read other threads at your stage and you'll be well prepared.

Nobody cares about Mediation but it is compulsory. No template needed for easy questions about unimportant stages! None of it matters. Mediation stage is three minutes, phone down.

Djyamo

Hi.  I'm at the stage where I've completed the N180 DQ form online and I'm about to Email it to them.  Am I right in thinking that I Email it to DQ.CNBC@justice.gov.uk?  It also states I should CC the parking company and their legal representative in, which is UK Parking control limited and DCB Legal Ltd. The only email address I can find for UKPC is the Sales@Ukparkingcontrol.com address.  Do you know if this is the correct email?

Coupon-mad

No it isn't. You don't send to UKPC. They are using a solicitor for a reason.

This is in the first 8 steps in the Template Defence thread already.

Djyamo

***Update***

Just had my mediation call.  The mediator first told me the claimant was willing to drop the amount owed to £200 from the £263 they currently want.  I told them no and explained why I wouldn't be paying them anything. (Definition of 'parking' and the fact that the car was only stopped for 1 minute and 16 seconds and that the driver didn't leave the car, whilst waiting for another driver to reverse out of a parking space)

The mediator went back to them and rang back to say they wish to proceed to court.

Is this normal for them to do this at this stage?

Will they back down now or will I now need to attend court?

Thanks in advance.