DCB Legal - Claim Form - UKPC 2-bay parking at Beckton, E6

Coupon-mad

ToDeathWithPrivateParkingChargeScams said:

Nope, I'm sure V5C is not the reason. Have not moved I'm 98% sure that it was due to postal issues in my area where me and many neighbours were not getting all post and it was coming up to 3 weeks late.

RK's name on claim form. Is there anyway to nominate myself without revealing driver identity (no legal obligation to do so). Also, do UKPC NtK's have flaws according to POFA Schedule 4? Is it arguable that way?

No you can't. The keeper could have done that weeks ago but cannot now.

Also, do UKPC NtK's have flaws according to POFA Schedule 4? Is it arguable that way?

No but why do you think the keeper needs that? The claim will be discontinued in 2026.

ToDeathWithPrivateParkingChargeScams

Yeah so I will be doing the written work on the claim, and if anything more comes of it, I can confirm the RK can attend and I can be an exhaustive witness/lay representative. But then again, I'm seeing the results of many UKPC Court Claims including ones where the allegations is 'Not Correctly Marked Within the Bay/Space', and the discontinuations etc. and that is giving me motivation to fight this through. I know that they are very litagious however I'm sure they do that to get prompt payment from those who were ignoring the letters like the old days...

I only thought that the keeper needs that argument as keeper can swear by oath that he was not the driver, driver doesn't have to legally be identified so if there is a flaw in the NtK such that it doesn't uphold POFA Schedule 4... surely, the keeper can't be held liable. But like you said, this is only the case if it gets to a hearing which many here including CM have said that it is extremely rare. 

I will present my drafted template here (Paragraph 3 only) by 1-2pm later today and run it by you guys before submission. Thanks again for the help.

Coupon-mad

UKPC usually use the POFA.

I'm seeing the results of many UKPC Court Claims including ones where the allegations is 'Not Correctly Marked Within the Bay/Space', and the discontinuations etc. and that is giving me motivation to fight this through.

Hooray! Glad we are supporting you to be minded to defend. They will end up discontinuing.

ToDeathWithPrivateParkingChargeScams

Here is my drafted Paragraph 3 which I have now submitted. I got caught up in another matter so I couldn't run it by you guys. 

The claimant believes that I, the defendant, have allegedly

breached a contract which they have failed to evidence in any

previous correspondence. I can confirm that I have gathered a true

statement/itinerary of events from the driver, who I will not

identify as no legal requirement requires me to do so. The driver

was visiting Aldi to purchase a couple items that were needed, a

bank statement confirming the transaction can be provided. I can

confirm that the driver suffers from a disability listed under the

Equalities Act (Autism, Asperger's Syndrome). I can confirm that

there was a huge, visible and dented scratch on my car on that day

which happened recently (pictures available). This, coupled with

the driver's disability, explains why the driver chose to park

across 2 bays and believed it was necessary. I can confirm that

the driver states that the Aldi-sectioned car park was almost

empty, and this can be proven via CCTV. This fact means that there

was presumably negligible loss caused to the Claimant. This is

relevant as the driver thought (due to car park population and

their autism) that the loss of service that could've occurred to

an active private-hire vehicle was more likely than the negligible

loss that could've possibly been caused by parking across 2 bays

in a virtually empty car park, as far as possible from the store

entrance. I can confirm that the signs pertaining the contract

were inadequately lit, too small to be legible from a car and

scarce. I can also confirm that a Notice to Keeper, subject to

POFA Schedule 4 P9, was not received due to postal issues within

my area. The onus is on the Claimant to prove that this important

legal document within POFA was received via a signature/photo on

delivery. 1st letter was received from DCBL DRA on 31/03/2025. 

I tried to save my defence progress by clicking the save button at 15:58. When I had clicked save, it lead me to the GOV.UK Government Gateway page stating 'Do you want to stay signed in'. I clicked through it and everything I wrote was gone. My defence was fully written out, but stupid me forgot to copy and paste it elsewhere meaning I lost all of it. It took me another 45 minutes to write it out again meaning that I treaded slightly over the 4pm deadline. I wonder what will happen now, I know the court is closed now but still... surely you can't get automatic, default judgement if it has been sent through. 

Edit 1: I also signed it, under my name, with a statement of truth saying that the Defendant believes that all facts stated are true. Is that wrong, since, I am not the Defendant but I have authority from him to deal with this initial stage on his behalf temporarily?

Edit 2: Ummm, I just noticed that the Claim History says that I submitted my defence at 15:54:14 when it was actually 16:54:14... guess I got saved by time zone difference. 

Coupon-mad

you can't get automatic, default judgement if it has been sent through. 

Correct.

However this rings loud alarm bells:

Nononononono: 

Edit 1:

I also signed it, under my name, with a statement of truth saying that the Defendant believes that all facts stated are true. Is that wrong, since

I am not the Defendant but I have authority from him to deal with this initial stage on his behalf temporarily?

Oh dear.

Biiiiiiig problem.

You are going to have to re-do it with their name and signature & date and they (NOT YOU) will have to email it to the CNBC claim responses email then THEY must ring the CNBC to explain the error and to replace it with the emailed one.

You CANNOT sign the defence and therefore the Defendant's defence is not in. You cannot act on the Defendant's behalf if you are not a solicitor, unless they are so ill/incapable such that you are acting as their litigation friend.

You can't just decide between you to do this and - because you are a stranger to the case, not a party - you can't ring to speak to the CNBC unless one of the two scenarios above applies. 

Umkomaas

Edit 2: Ummm, I just noticed that the Claim History says that I submitted my defence at 15:54:14 when it was actually 16:54:14... guess I got saved by time zone difference. 

Can you explain please?  Are you somewhere outside the UK?  Is the Defendant outside the UK?

ToDeathWithPrivateParkingChargeScams

@Umkomaas No, in the UK. Claim history shows that defence was submitted at 15:54:14, however the time in the UK whilst I was writing/submitted the defence was actually 16:54. Meaning that MCOL website is stuck in GMT right now I guess, while we're in BST. At least that's what it says.

@Coupon-mad Will do all of that first thing in the morning tomorrow. Should be able to resolve it with no big problem.