PCN now going to court

Mde00435

Hello all,

So this is my third parking ticket but this is the first one that I have received a claim form from the County Court which is dated 12 November 2024. I have read the the Newbies thread; however as you may expect I am quite nervous with this having now actually been taken to court.

I have ADHD so I do miss simple information easily so please bear with me if I ask a stupid question.

The claimant is DCB Legal Ltd on behalf of UKPC and the ticket arose because I parked against the kerb when there were no spaces in marked bays available. I’ve parked there many times and wasn't aware it was not for parking. The reason why is because the kerb on the other side of the road HAD double yellow lines so I thought that this can therefore be used for parking.

I have attached:

1. A copy of the original parking charge (with specifics removed)
2. A copy of the front sheet of the county court claim form.
3. A photo of the signage at the site however on google maps the signage is different, so I am not sure if this signage is what was present at the time of the ticket.
4. A photo of the location where the car was parked.
5. An additional location photo taken from above using google maps.

As per the second post on the newbies thread I have used the dropbox link to acknowledge  the claim.

As per the template for defence I have written into section 3 my explanation of events. These are as follows:

The car was parked at the site due to the defendant attending a gym class at Pure Gym. The defendant parked the car against the kerb in an area that was deemed by the defendant to be a space. The opposite side of the kerb was marked with double yellow lines and it was deduced that the unpainted kerb was eligible for parking. Point 3 on the POC states that the reason for the claim is that the vehicle was “Not Parked Correctly Within The Markings Of The Bay Or Space”. The defendant believes that the car was parked in a space as there were not double yellow lines present in this specific location. The car was not obstructing traffic or impeding the usage of the site in anyway. The signage doesn’t stipulate what constitutes a space and the defendant used the signage in tandem with common sense to park. If the area in which the defendants vehicle was parked was off limits then it is the defendants understanding that it should have been painted in double yellow lines like the opposing kerb.

I am concerned I do not have enough to go on here I'm a bit stressed out and I have done my best to read the newbies thread but I could really do with some additional support. Thank you in advance for any help anyone can offer.

Grizebeck

not a parking fine

Gr1pr

Your password, VRM details and QR code are visible, remove, redact and repost, also, leave the issue date on the top right showing as well as the date of the PCN ( leave dates, but no personal or private information. )

Kerb , not curb

Parking Charge Notice, PCN , not a fine 

KeithP

Mde00435 said:

I have received a claim form from the County Court which is dated 12 November 2024.
As per the second post on the newbies thread I have used the dropbox link to acknowledge  the claim.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

I've redacted your claim form:

Just copy & adapt the defence facts from @ih8ukpc which go into the template defence.  That poster is also nervous but you'll both see your cases discontinued in 2025 if you follow our advice.

Mde00435

Evening all,

thank you for your help so far. I've made amendments to the first post with your proposed changes, apologies for the spelling. I removed the other personal information. I looked up on the MCOL portal and the Acknowledgment of Service was made on 14/11/24 and was received 15/11/24.

I had a look at the defence from ih8ukpc and they seem to be basing their defence on the distance to signage for which I do not feel I have the same luck. I have updated the last image in my first post to show the location and direction of the closest sign to me. Sadly, the sign is approximately 10-15 feet from my car. 

The poster does that lighting conditions are poor which I could potentially claim as there are no lights close enough to show up the sign in the dark. Mostly because of the big tree next to the sign. I am happy to add the posters defence into my own; however I do not think it will go too far based on the close proximity of the sign in my case.

Many thanks,

KeithP

With a Claim Issue Date of 12th November, and having filed an Acknowledgment of Service on 15th November, you have until 4pm on Friday 13th December 2024 to file a Defence.

That's almost three weeks 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'.

Umkomaas

Read the following thread and understand what happens to UKPC and DCB Legal claims when you follow the advice of the forum. Stay with the process. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Mde00435

Umkomaas said:

Read the following thread and understand what happens to UKPC and DCB Legal claims when you follow the advice of the forum. Stay with the process. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

I see, so regardless of the evidence the defendant has. DCB tend to not pursue a case against a defendant once they realise the defendant will not cave in and pay ahead of the hearing out of fear.

I guess my question still stands in that even though DCB are likely to cave ahead of the actual court hearing. To cover myself I still need to put together a defence,

I am happy to alter and add in the poor signage defence but i still feel this is relatively weak. Is what I've put about there not being double yellow lines where I parked a good point to make? From what I've researched this seems to be the best point in my defence although the signage does specifically state to not park on roadways...

I do appreciate what you are saying WRT DCB not actually taking this to court and this does help a lot with the nerves. Are any of you aware of DCB actually following through with the court hearing?

Many thanks,

KeithP

Mde00435 said:

I guess my question still stands in that even though DCB are likely to cave ahead of the actual court hearing. To cover myself I still need to put together a defence.

Yes, you must.
If you fail to file a Defence within the timescale allowed - see my earlier post - then the Claimant can and will seek a Default Judgment against you.
In other words... no Defence filed = you lose.

Mde00435

KeithP said:

Mde00435 said:

I guess my question still stands in that even though DCB are likely to cave ahead of the actual court hearing. To cover myself I still need to put together a defence.

Yes, you must.
If you fail to file a Defence within the timescale allowed - see my earlier post - then the Claimant can and will seek a Default Judgment against you.
In other words... no Defence filed = you lose.

Hi Keith,

I have every intention of filing a defence it’s just knowing what to put it in is where I’m struggling.

many thanks,