Need Advice – Fighting UKCPM PCN at Rathbone Market (110 Barking Road)

Gr1pr

Was the driver loading or unloading   ?

If yes, the Jopson vs Homeguard appeal may be of use

Paragraph 2 would usually end as ,  keeper and driver,   so it's there from the get go

save as set out below and to admit that they were the registered keeper and driver 

Wizwacks

Thanks — helpful pointer.

There was no loading or unloading taking place, so the Jopson v Homeguard argument doesn’t apply in this case.

That said, I understand now that defending solely as the registered keeper is usually the stronger route unless POFA compliance is watertight — which UKCPM rarely gets right. I’ll be careful not to admit to being the driver in my defence.

For Paragraph 2, I’ll revise the ending to something like:

“The Defendant is the registered keeper of the vehicle. Whether or not they were the driver at the time is irrelevant to this defence.”

I'll also make sure Paragraph 3 focuses on the forbidding signage, lack of contract, and the conflicting council sign at the location.

Two quick questions if anyone can advise:

1. Can I include an argument about conflicting signage since there’s a Newham Council AS2 permit sign mounted above UKCPM’s private one? Does that raise valid doubt about landowner authority or the enforceability of UKCPM’s signs?

2. Is it still worth defending as keeper if I’ve previously (but not in the defence) mentioned being the driver in informal messages or threads?

Appreciate the guidance — this has been really helpful.

Coupon-mad

No. Don't say it is irrelevant whether you were driving. That's how to completely pee off the judge! Listen: ADMIT TO DRIVING.

Your draft is good and certainly the Newham Council sign is an important defence point, yes. Is it double yellows or double red lines?

ONCE YOU HAVE DONE THE DEFENCE DO NOT DISAPPEAR!

If you want to make a difference to stop this utter scammery in future:

Stick around in August to take part in the Government's Public Consultation. We have an important thread about that and we need ALL Defendants to respond to the questions to shape the regulation of this rogue industry.

Please come back in a couple of weeks. Bookmark the thread on the Public Consultation. Go read it now, please. No link.

We need DRA fees completely banned and a proper ADR (single appeals service that isn't bent). That will keep cases out of court.

Wizwacks

Morning 
Despite logging into to the MCOL website successfully, I cannot find any claim against me. 
I have tried both copying the claim number and password, plus typing it in, but nothing shows up. 
I have sent email to both CCBC and MCOL, but both bounce back. 

Is there another way ? 

Castle

Have you tried phoning CNBC?

Wizwacks

I did. Was on the phone for 45 min. 

For anyone else facing these issues, they advise you not to use Chrome, but any other browser. I did so, while on the phone to them, still got nothing. Then I was given the following: 

For IT issues with MCOL:
mcolITassistance@justice.gov.uk

To acknowledge a claim (AOS):
aos.ccbc@justice.gov.uk

To submit a defence or respond to a claim:
claimresponse@justice.gov.uk

Going to do it via Email now. 

Coupon-mad

Errr... but if you do it by email you will have to add a statement of truth, signature and date to your defence document as well as the usual headings at the top.

And make sure you get the auto-receipt.

Wizwacks

They have offered no guidelines other then emailing the IT support team. 

Coupon-mad

Yes ... but I gave you the guidance you need and they gave you the email address for claim responses. We've emailed defences for years.  Only changed it 3 weeks ago!

Wizwacks

Ah, fair point — thanks again. I didn’t mean to overlook your advice — just frustrated the system itself gave me no clear next steps when the claim wouldn’t show.

I’ve got everything I need now:

• AOS sent to aos.ccbc@justice.gov.uk

• Waiting to hear back from mcolITassistance@justice.gov.uk

• And if MCOL still doesn’t work, I’ll send the defence by email, fully formatted as advised.

Appreciate the clarity