CNBC Defence advice for UKPC (dcb legal) - parking within the bays

minimonsta

Hi,

I'd love some advice on my defence for this parking charge. I have copied the points in the defence template, and have slightly modified the end of paragraph two and added my paragraph three:

"2. ...The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant, who was not driving, questions whether the Notice to Keeper was even POFA compliant, and has little to add other than what’s set out below and to admit that they were the registered keeper.

3. With regards to the charges of this specific case, despite not being the driver at the time, the defendant reviewed the original claim and saw that the photos of the car ‘not parked correctly within the bays’ revealed that the car was, in fact, clearly parked between the white bay markings, in compliance with the signage." 

(Extra case info: Firstly, I don't have the original NTK so can't check the original details to see if it was non-POFA or not, although I know i wasn't driving at the time, and secondly, with regards to the actual claim, it shows the front of the car was parked over a concrete edge at the front of the bay but the signage does not indicate this is what is referred to by 'markings or bay' and only shows a picture of a car between two white lines - I did contemplate adding the following sentence but think it might lead the case on further: 'If the claim attempts to refer to the concrete edge at the front of the car, while this edge is car park infrastructure there is no reason to assume this indicates part of the ‘parking bay’.')

I also wasn't sure what this part meant and whether it applies to this case or not:

BRIEFLY REFER TO CEL v CHAN & CPMS v AKANDE IF THE POC ARE POOR (BUT DO NOT ADD ANY LINKS AND DO NOT RESPOND TO DETAILS NOT PLEADED IN THE CLAIM).

And other than paragraph 3, is there any other part of the defence template that would need modifiying for this case? 

Any help with the above defence much appreciated!

Coupon-mad

That's all fine. They'll discontinue by Christmas!

Chan & Akande don't apply in your case anyway.

minimonsta

Your help much appreciated - defence has been submitted so watch this space. 

On another note - in the same week I have received another Letter of Claim from CNBC! I will open another thread though as I'm less clear of what to put on the defence so looking for a bit more advice. 

Gr1pr

If the CNBC sent the new letter,  it's NOT a Letter of Claim, which comes BEFORE a court claim, but an actual claim 

minimonsta

Yes sorry it's an actual claim. I've just started a new thread with my question - any help much appreciated

Coupon-mad

minimonsta said:

Yes sorry it's an actual claim. I've just started a new thread with my question - any help much appreciated

We will help but...

Also, we need you:

It's very important that people like you please join us to reply to the new Public Consultation, to tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 promised the public. As long as it is independent (and only ONE appeals service, not two involved in a race to the bottom) that will give a real option to resolve disputed cases out of court. This could all have been avoided.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY A THIRD PARTY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' WHICH SHOULDN'T COST MORE MONEY. THE FCA BANS EXTRA COSTS FOR 'PAY-IN-THREE' PLANS IN ALL OTHER SECTORS, SO WHY IS THIS LEGAL IN A 'MARKET FAILURE' INDUSTRY THAT'S BEEN RINSING MILLIONS? 

c). Tell them about your experience and that your case reached court claim stage, precisely because (a) and (b) above mean there is no option, no safeguard for consumers EXCEPT to defend court claims and get proper dispute resolution.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it in August pleeease! We will discuss it all in more detail in the coming weeks on that thread so do come back in a fortnight.

minimonsta

Yes, absolutely.