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DOUBLE DIP OVERSTAY CLAIM - DCB LEGAL LTD | UK PARKING CONTROL LIMITED |

Hi all

basically I've been issued a county court claim for overstaying at a McDonalds car park, which is incorrect as I made two visits that day which their cameras didn't pick up.  which Im not surprised as the quality of the camera seems terrible.





If you could help me on how to proceed that would be great.
I have acknowledged AoS on the MCOL website 19/06/25
also sent SAR to UKPC and DCB LEGAL today 20/06/25 I know realise this is late but what have I got to lose.

Thanks in advance

Comments

  • DE_612183
    DE_612183 Posts: 4,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    1. Read the newbees thread.
    2. Have you asked McDonalds to get the invoice quashed?
  • Car1980
    Car1980 Posts: 2,151 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 20 June at 11:46AM
    Too late for McDonalds or their franchisee - it's now a live claim.

    I wouldn't use the full template. You'd be "over-defending". I'd just keep it brief and wait for the inevitable discontinuance.


    1. The Claimant states the Defendant's vehicle was parked for 10 hours, 6 minutes and 48 seconds at McDonald's in Failworth. This is completely false. Two separate visits were made and neither visit was for longer than permitted. This is a clear case of "double-dipping". 

    2. ANPR double-dipping refers to a situation where an ANPR (Automatic Number Plate Recognition) camera incorrectly records a driver's entry and exit from a car park multiple times, leading to a false charge for overstaying. This often happens when a driver returns to the car park later on, and the camera fails to register the first exit.

    3. No contractual breach took place and no money is owed to the Claimant.

    4. It is requested that the case be struck out under CPR 
    3.4(2)(a) where a statement of case discloses no reasonable grounds for bringing a claim.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep that could be put in on MCOL. No need to email it in this case.
    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
  • dini2k
    dini2k Posts: 12 Forumite
    Seventh Anniversary First Post
    Car1980 said:
    Too late for McDonalds or their franchisee - it's now a live claim.

    I wouldn't use the full template. You'd be "over-defending". I'd just keep it brief and wait for the inevitable discontinuance.


    1. The Claimant states the Defendant's vehicle was parked for 10 hours, 6 minutes and 48 seconds at McDonald's in Failworth. This is completely false. Two separate visits were made and neither visit was for longer than permitted. This is a clear case of "double-dipping". 

    2. ANPR double-dipping refers to a situation where an ANPR (Automatic Number Plate Recognition) camera incorrectly records a driver's entry and exit from a car park multiple times, leading to a false charge for overstaying. This often happens when a driver returns to the car park later on, and the camera fails to register the first exit.

    3. No contractual breach took place and no money is owed to the Claimant.

    4. It is requested that the case be struck out under CPR 3.4(2)(a) where a statement of case discloses no reasonable grounds for bringing a claim.
    Thank you for your reply,

    Should I wait the full 14 days to enter my defense on MCOL?
  • Gr1pr
    Gr1pr Posts: 10,495 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    There is never any need to wait, if the final defence is ready to be submitted 

    Playing for time happens when more time is needed to draft a defence 
  • dini2k
    dini2k Posts: 12 Forumite
    Seventh Anniversary First Post
    edited 23 June at 10:58AM
    Yep that could be put in on MCOL. No need to email it in this case.
    As you believe I shouldn't use the full template, would this suffice to enter on MCOL


    IN THE COUNTY COURT
    Claim No.:  xxxxxx
    Between

    UK Parking Control Ltd
    (Claimant) 
    - and -  
     (Defendant)
    _________________
    DEFENCE

    1. The Claimant states the Defendant's vehicle was parked for 10 hours, 6 minutes and 48 seconds at McDonald's in Failsworth. This is completely false. Two separate visits were made and neither visit was for longer than permitted. This is a clear case of "double-dipping". 
    2. ANPR double-dipping refers to a situation where an ANPR (Automatic Number Plate Recognition) camera incorrectly records a driver's entry and exit from a car park multiple times, leading to a false charge for overstaying. This often happens when a driver returns to the car park later on, and the camera fails to register the first exit.
    3. No contractual breach took place and no money is owed to the Claimant.
    4. It is requested that the case be struck out under CPR 3.4(2)(a) where a statement of case discloses no reasonable grounds for bringing a claim.

    Statement of Truth
    I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

    Signature:

    Date:




    Also, is there any need for para 3 as its a DCB LEGAL case?

    TIA
  • Car1980
    Car1980 Posts: 2,151 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Your paragraph 1 is the same as paragraph 3 in the template defence in effect - a brief description of the circumstances.

    All looks good to me.


  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 June at 1:46PM
    But you don't need ANY of the headers or statement of truth on MCOL. Just the defence.
    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
  • dini2k
    dini2k Posts: 12 Forumite
    Seventh Anniversary First Post
    Hi

    Just to update you all on where I am with this case... The N180 for was sent back and a mediation appointment was arranged for 26/09/2025 09:30 to 12:30. 

    I took time off work to prepare for this and they didn't even call.  Checked my voicemail/email and nothing..  Kind of frustrated that I go to all the effort of selecting specific dates suitable to have a meeting and they don't even keep their side of the deal.  Should I contact them back? I'm worried they may say I missed the call when clearly they didn't even attempt.



  • Gr1pr
    Gr1pr Posts: 10,495 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    Ignore them,  the process will continue as usual,  sending the case to your local civil court is next
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