We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

C.U.P Enforcement - 'Parking' in a 'No parking area' - CNBC Claim form stage

1235»

Comments

  • Le_Kirk
    Le_Kirk Posts: 24,976 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    With an issue date of 16/09/25 and providing you complete(d) the AoS after 21/09/25 and before 05/10/25
    your defence deadline date is 4.00 p.m. on 20/10/25
  • Vikom04
    Vikom04 Posts: 28 Forumite
    Second Anniversary 10 Posts Name Dropper
    @Umkomaas See here:






    @kryten3000 - Yes please, I would appreciate the help to make sure this is robust. I've got the Template Defence from the pinned thread, and fleshing out a concise para 3.

    The key points, I feel, are;

    -  Parking within a no parking area; Within the PCN, they refer to this area as a ‘car park’, However, within the same PCN, they also declare this area a ‘no parking area’. so no parking facilities available for any motorist to use, and as such no contract with regards to the use of parking facilities, can be entered into. If it is a ‘no parking area’, then there is no parking contract on offer meaning it fails the contractual basic test (No Offer, No Consideration resulting in No Contract) as the driver cannot contract to do that which is forbidden. How can the driver break a parking contract on offer, when no parking could have taken place?

    - Misuse of public highway double yellow lines to add credence to a private piece of land (a layby) off a public highway, which is being treated as though it were a fully fledged parking area i.e with entrance signs (which it doesn't have - there are 3 signs affixed to the wall). 

    -This is clearly a case of entrapment with covert surveillance from cameras on buildings, with the Operator (claimant) using it's generic nature as a layby to their advantage, as there is n
    o clear delineation between the public highway and the private land (i.e. coloured markings on the floor, signs on poles around the area etc), which appears purposeful, as any motorist will take advantage of a layby off a public highway if they are briefly pulling over.

    - The area is being incorrectly treated (by the Claimant and POPLA) as a no stopping zone (i.e. double reds), rather than a no parking area, in an attempt force litigation, as 'ZERO' consideration period is impossible in a contract law situation. 

    - There is no consideration period given for a driver to read, and reject, the supposed contract as a driver does not have to (and cannot possibly) read contractual signs whilst driving. In this case, the time stamped photos show the driver leaving within 2 minutes, which cannot possibly be a parking event, as defined by the high courts. 

    - Generic signage, not specific to the location, put forward as evidence 


  • 1505grandad
    1505grandad Posts: 3,971 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 28 September at 2:36PM
    Is there a signature for the claimant on reverse?
  • Coupon-mad
    Coupon-mad Posts: 155,315 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is there a signature for the claimant on reverse?
    Yes there is. We know it's Sarah Ensall.

    The OP just needs to read the Mazur thread. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Vikom04
    Vikom04 Posts: 28 Forumite
    Second Anniversary 10 Posts Name Dropper
    Is there a signature for the claimant on reverse?
    Yes there is. We know it's Sarah Ensall.

    The OP just needs to read the Mazur thread. 
    You're absolutely right, I completely missed that. Things have changed since the last time I went through this process! It used to be on the PoC

    @Coupon-mad - I'll read that thread now


  • Vikom04
    Vikom04 Posts: 28 Forumite
    Second Anniversary 10 Posts Name Dropper
    Coupon-mad said:
    Is there a signature for the claimant on reverse?
    Yes there is. We know it's Sarah Ensall.

    The OP just needs to read the Mazur thread. 
    Wow, holy Sh*t, what a bombshell. That was a rollercoaster of a read; I've spent the last hour and a half catching up on this and reading the latest judgement.

    I hope to God that an appeal is not allowed to this judgement, these mass-litigation parking firms, otherwise known as scum-sucking protoplasmic invertebrate jellies (© BoJo) need to be put out to pasture and held to account. It's incredible that the individual and the firm are both equally liable (in the case of unqualified staff conducting litigation) and committing a criminal offence!
  • Coupon-mad
    Coupon-mad Posts: 155,315 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 September at 11:20PM
    Great grenade, isn't it?! Exciting times.

    Looks like everyone should be reporting DCB Legal to the SRA to ask them to investigate with a view to shutting them down because well over 100,000 template claims are made annually, all signed by Sarah Ensall (and all Smart Parking ones also lie about keeper liability).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • magjp90
    magjp90 Posts: 34 Forumite
    10 Posts Name Dropper
    Vikom04 said:
    Hi all,

    I've stocked up on the standard DCBL & DCB Legal letters that came over the past months, to use as kindling for the fire in winter.

    I've acknowledged the Claim form on MCOL today, with an Issue date of 16th Sept. (N.B it arrived by post on Wednesday this week).

    Attached are the POC's for your perusal; is there anything in particular that stands out in there? I thought they had to be signed by someone?

    @magjp90 - Our defences / Witness Statement will be virtually identical so we should collaborate together on this.

    The site is clearly a honey trap, but I'm unsure about the legalities around it. As I understand, some others on this forum have actually had this taken to the claims court, and the case was dismissed by the judge very quickly.

    Although, when I saw it was DCB Legal, I cackled out loud as it is likely to end up as another discontinuation statistic!



    I'm happy to collaborate together. To be honest with you, this is all alien to me, it's my first ever parking charge! I've written to Sainsbury's as well, but they said it's outside of their jurisdiction and can't act, which is fair enough I guess, but was worth a try. I think it'll be worthwhile writing to the Watford MP as well, as it seems to be catching a lot of motorists out recently and that's only the ones we see coming on here for advice! 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.9K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.1K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.5K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.