UKCPS/Moorside claim: No Stopping

dogbretheren

Hello, back again having won a ParkingEye claim a couple of years ago with this forum's help. Now defending a second claim and would appreciate a final check before I file.

Claim details:

• Claimant: UKCPS Ltd, via Moorside Legal
• Alleged breach: "No Stopping" over four years ago
• Total claimed: £284.66 (£199.66 + £35 court fee + £50 solicitor)

POC
"The Claim is for an unpaid Parking Charge issued for a breach of contractual terms on [REDACTED] at Green Oaks Widnes Widnes WA8 to vehicle [REDACTED]. The signage displayed at the site set out contractual terms and offered a contractual licence, which the Defendant accepted by parking. The Claimant has authority to operate the site and issue charges. The breach was: No Stopping. The Defendant is liable as the driver and/or keeper, in contract and/or pursuant to POFA Sch 4, and the charge remains unpaid despite demand. AND THE CLAIMANT CLAIMS 1. £170.00 being the total of the PCN. 2. Costs and Court fees. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from [REDACTED] to 13/05/2026 on £170.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.02."

Since the breach is specified in the POC, I'm using the current template defence (paras 1, 2 and 4–10 unchanged) with my facts as para 3 below. Grateful for any comments:

3. The vehicle is recognised and it is confirmed that the Defendant was the registered keeper. The event is alleged to have occurred on [REDACTED], over four years before this claim was issued. Given that delay, the Defendant has no recollection of the day and cannot say who was driving; being the driver is not admitted. Further, the POC defeat themselves: they plead a contractual licence "accepted by parking" yet plead the breach as "No Stopping". Signage forbidding stopping is prohibitive and offers nothing capable of acceptance, so no contract could arise between this Claimant and any motorist; any remedy for stopping where forbidden lies in trespass and belongs to the landowner alone: PCM (UK) Ltd v Bull (B4GF26K6) and Jopson v Homeguard (B9GF0A9E) apply and ParkingEye v Beavis is distinguished. The pleaded breach date (24/03/2022) also conflicts with the pleaded interest start date (20/04/2022), and the Claimant is put to strict proof of the date, time, duration and precise location of the alleged event.

Thanks in advance.

Coupon-mad

I'd remove all this:

"PCM (UK) Ltd v Bull (B4GF26K6) and Jopson v Homeguard (B9GF0A9E) apply and ParkingEye v Beavis is distinguished. The pleaded breach date (24/03/2022) also conflicts with the pleaded interest start date (20/04/2022), and the Claimant is put to strict proof of the date, time, duration and precise location of the alleged event."

and replace it with this:

Further, the address given is a retail park which cannot fairly be operated as a no-stopping zone. This would require double red lines and repeater 'Clearway' signs facing moving traffic which are not in place there. Even if they were, the sector Code of Practice still disallows this regime and it makes it clear that no-stopping areas require trade body special authorisation and are strictly to be used only for safety/security reasons, such as at an Airport. Not shopping centre roadways.

Le_Kirk

What is the date of issue of the claim form? If you post that we can give you the deadlines for AoS and defence.

dogbretheren

Thanks both - AOS filed already and the defence deadline is a few days away

dogbretheren

Small update: the offer to settle has come in, along with their template N180. Assuming this is to be ignored until I hear from the court?

Gr1pr

Ignore them and follow the 8 steps in the defence template thread in announcements near the top of the forum

dogbretheren

Small update: N180 form is due to be submitted. Following the steps from the thread, the form is now completed and will be submitted; however, I seem to remember writing a witness statement last time. Is that not for now?

yarpsnehpets

That is a later step in the process.