UKPC Licence plate error

1505grandad

You have left your password in the box titled in bold "Important Note"

TBrown302818

I was preparing myself for the shaming. Im so stupid. Thanks for the heads up @1505grandad
Im acknowledging the MCOL now  

TBrown302818

Coupon-mad said:

You can remove the first image by editing!

What's the Date of Issue, top right?

2nd May 2025

TBrown302818

So... Prepare yourself for a new level of stupidity. I did not recall that a MCOL needed to be responded to within 14 days.  It states to respond by the date on the form but the only date is the issue date. It's only because @Coupon-mad asked me for the date why it played on my mind to get it started, which I did before the 14 days. As it turned out I started the defence but didn't acknowledge until Sunday which was day 15.
I am baring all because I wish to acknowledge how amazing the input by people like @Coupon-mad is. 
So thank you.

I have found a recent defence and just wondered if I could use it in my case. My case is that I paid for parking. Single digit error. I informed UKPC about it and referred to the receipt reference. They responded with a popla code. I couldn't do my appeal to popla as the pin was expired when I did go to do it.

I now have a MCOL which I have responded to.

Coupon-mad

You have done the AOS in time so that's all good. Not stupid at all! Game on, as long as you now defend in time.

kryten3000

It's 14 days from the date of service which is 5 days following the date of issue, so you have 19 days to do an AOS and then a further 14 to file a defence provided the AOS is completed.

TBrown302818

I am ecstatic to hear this thanks guys!!


This is my paragraph 3. I couldn't find many DCBL single digit error defences.

Please let me know what you think and then I'll add it to the above long defence if appropriate.

I am the Defendant in this matter and deny liability for the entirety of the claim. On 01/09/2024, I parked at Power Court, Luton and paid for parking using the on-site payment facility. I have a valid receipt showing payment was made for the correct time and date.

The only alleged breach was a minor keying error in the vehicle registration ABC1235 instead of ABC1234. This error was immaterial to the identification of the vehicle and did not prejudice the Claimant’s ability to link the payment to my stay.

Under the British Parking Association (BPA) Code of Practice, version applicable at the time, section 17.4–17.5, operators are required to cancel Parking Charge Notices where a minor keying error has occurred but payment was made. The Claimant is a member of the BPA and bound by its rules.

‘If a typing error such as this leads to a PCN being issued and the motorist appeals, the PCN must be cancelled at the first stage of appeal.’

The Claimant refused to cancel the charge despite being provided with the receipt showing payment and thereby failed to adhere to the Code of Practice.

The Claimant issued a POPLA code for independent appeal, but it had expired before I was able to submit my appeal. This denied me the opportunity to contest the charge via ADR (Alternative Dispute Resolution).

The particulars of claim are vague and fail to establish a cause of action. No evidence has been provided to show breach of contract, signage, or a valid cause for the charge.

In the alternative, I was not the driver, and the Claimant has failed to comply with the strict requirements of the Protection of Freedoms Act (POFA) 2012 Schedule 4 to hold me liable as keeper.

The claim is without merit, and I ask the court to dismiss it.

Le_Kirk

That's several paragraphs and each requires a number. Defences are written in the third person, ie "the defendant did this that or the other" not "I did this"

TBrown302818

DEFENCE

1. The Defendant in this matter denies liability for the entirety of the claim.
2. On 01/09/2024, the defendant parked at Power Court, Luton, paid for parking using the on-site payment facility. The defendant has a valid receipt showing payment was made for the correct time and date.
3. The only alleged breach was a minor keying error in the vehicle registration in the vehicle registration ABC1235 instead of ABC1234. This error was immaterial to the identification of the vehicle and did not prejudice the Claimant’s ability to link the payment to the defendants stay.                                                    ‘If a typing error such as this leads to a PCN being issued and the motorist appeals, the PCN must be cancelled at the first stage of appeal.’
4. Under the British Parking Association (BPA) Code of Practice, version applicable at the time, section 17.4–17.5, operators are required to cancel Parking Charge Notices where a minor keying error has occurred but payment was made. The Claimant is a member of the BPA and bound by its rules.
5. The Claimant refused to cancel the charge despite being provided with the receipt showing payment, and thereby failed to adhere to the Code of Practice.
6. The Claimant issued a POPLA code for independent appeal, but it had expired before I was able to submit my appeal. This denied me the opportunity to contest the charge via ADR (Alternative Dispute Resolution).
7. The particulars of claim are vague and fail to establish a cause of action. No evidence has been provided to show breach of contract, signage, or a valid cause for the charge.
8. In the alternative, the defendant was not the driver, and the Claimant has failed to comply with the strict requirements of the Protection of Freedoms Act (POFA) 2012 Schedule 4 to hold me liable as keeper.
9. The claim is without merit, and I ask the court to dismiss it.

Le_Kirk said:

That's several paragraphs and each requires a number. Defences are written in the third person, ie "the defendant did this that or the other" not "I did this"

Thanks, thought I only had the one paragraph to write my defence for some strange reason. I was going to change the third person language but you're right, makes sense to do it now.

Coupon-mad

You aren't restricted to only adding one paragraph. It's your defence.

Add whatever you want as long as you put it in the third person to match the template defence and re-number the rest of the template. You'll have a good 35+ paragraphs but please don't show us the template.