Review of Defence - County Court Claim - UK Parking Control/DCBL

Qaribbean

Afternoon all,

I haven’t been on here for a while as I’ve had enough great advice in the past to tackle the parking firms early on however I’ve reached new highs as I’ve finally had one go all the way to a County Court Claim!

Quick back story - parked in an accessible bay with a valid blue badge on display in a retail park, wheels just over the lines into the hashed area. No windscreen ticket, NTK received directly from UK Parking Control Limited; I complained to the department store (which previously worked for the same car park on the other side in front of a different store!) but they didn’t respond and then I gave a standard reply back to UKPCL. Ignored responses from DCB Legal, now received CC Claim.

As I’ve usually beat them before this stage I’m in new territory, so I put together this defence but wanted to get eyes on from the usual experts here. As always, I appreciate all advice and help as you’ve all been extremely helpful many times before! Forgive any mistakes as I’m typing from my phone at this moment!

Defence statement

1. The Defendant denies that the Claimant is entitled to the relief claimed, or any relief at all.The vehicle in question was parked in a clearly marked disabled bay with a valid and visible Blue Badge displayed. 
2. The Claimant alleges a failure to park “within bay markings” but provides no evidence that the positioning of the vehicle caused any obstruction or loss.
3. The Defendant is a Blue Badge holder and entitled to use accessible parking bays. The Equality Act 2010 imposes a duty on service providers, including private parking firms, to make reasonable adjustments for disabled individuals. The Claimant has failed in this duty and is seeking to penalise a disabled motorist on purely technical grounds.
4. No notice was affixed to the vehicle at the time. Instead, a postal Notice to Keeper was later issued. The Defendant avers that the Claimant has failed to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), and therefore has no right to pursue the registered keeper for the charge.
5. The Particulars of Claim are vague and fail to comply with CPR 16.4, as they do not specify adequate details of the alleged contravention or contractual terms allegedly breached. The Defendant is therefore unable to fully and properly defend the claim at this stage.
6. The charge is excessive, unfair, and unconscionable. It does not represent any genuine pre-estimate of loss, nor is it justifiable as a deterrent under the Supreme Court ruling in ParkingEye v Beavis [2015] UKSC 67, which concerned overstaying in a free retail park — not a technical bay marking issue involving a disabled person in a residential/private car park.
7. The Claimant is put to strict proof of:

• A valid contract with the landowner giving them authority to bring claims in their own name;
• That the signage on site created a legally binding contract with the Defendant;
• That the vehicle was parked in such a way as to warrant a £100+ penalty;
• That the requirements of POFA Schedule 4 were fully met if pursuing the Defendant as keeper.

The Defendant reserves the right to add further points to this defence should new information come to light or if the Claimant provides the documents required under the CPR 31.14 request (sent separately).

The Defendant respectfully requests that the claim be dismissed in its entirety and invites the Court to consider unreasonable conduct under CPR 27.14(2)(g), should the Claimant discontinue the claim after filing a Defence.

Statement of Truth

I believe the facts stated in this Defence are true.

Coupon-mad

Nope that's all old and that short statement of truth is over 5 years out if date!

Use the Template Defence.

Show us the Claim Form with the usual 4 things redacted (see other threads) please

Qaribbean

Hi Coupon, 

Copy of the claim form below.

Edited: hit send too quickly, form attached now.

Gr1pr

Start drafting your defence based on the standatd template defence in announcements by coupon mad , get your AOS online done tomorrow or later this week,  to extend your deadline 

Qaribbean

Gave it another go. Obvs all template so just posting paragraph 3 which is specific to me to save reading what you've seen many times before:

3. The Defendant denies any breach occurred. The vehicle was parked in a designated disabled bay with a valid Blue Badge clearly displayed. The allegation that the vehicle was not parked “within the bay lines” is trivial, particularly in the context of accessible parking where some allowance is required for disability-related needs. The Equality Act 2010 requires reasonable adjustments for disabled motorists; penalising a Blue Badge holder on such a minor technicality is disproportionate, discriminatory, and unfair. No ticket was issued to the vehicle at the time, only a postal Notice to Keeper later, and the Claimant is put to strict proof of full compliance with Schedule 4 of the Protection of Freedoms Act 2012.

Coupon-mad

Perfect. Can't fault that.

Trying to charge a disabled person for slightly overhanging the thick hatched edge lines is like a shoppers' Wheelchair Service charging people who don't position a borrowed wheelchair quite straight, when returning it! It's illegal to charge money for allowing a protected person to use an accessibility provision.

Anyway, they'll discontinue by 2026.

Once you've submitted the defence for your battle, please help fight the real war:

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Qaribbean

@Gr1pr I've completed AOS tonight and then also submitted my defence, thanks!

@Coupon-mad Thanks also.  Had a read of a successfully defended case you linked to in another thread, just in case they get their shot in court; I tend to assume they believe they have grounds if they've taken it this far.  I'm also having a a read of that thread you posted now; more than happy to get involved in anything that will put a dent in the tyranny of PPC. I'm genuinely sick of how many I've battled with over ridiculous, falsified "breaches" of their parking terms. It's bordering on extortion and it seriously needs to stop!

Coupon-mad

Great!

Also take a look at the new idea of posting and/or social media sharing of the 'Parking Charges' fake PCN created by @kryten3000 today.  This is a new idea for a simple campaign to keep this matter current, to alert Martin Lewis and Watchdog, National press, the Financial Conduct Authority and Competition and Markets Authority, etc.

It's at the end of the thread in a reply today. No deadline for sending those 'PCNs' out and about.